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

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, THURSDAY, FEBRUARY 26, 2009 No. 34 House of Representatives The House met at 10 a.m. and was THE JOURNAL WELCOMING REV. MICHAEL called to order by the Speaker pro tem- The SPEAKER pro tempore. The ASKEW pore (Mr. SALAZAR). Chair has examined the Journal of the The SPEAKER pro tempore. Without last day’s proceedings and announces objection, the gentleman from Florida f to the House his approval thereof. (Mr. BOYD) is recognized for 1 minute. Pursuant to clause 1, rule I, the Jour- There was no objection. DESIGNATION OF THE SPEAKER nal stands approved. Mr. BOYD. Mr. Speaker, I am ex- PRO TEMPORE tremely pleased to have had Rev. Mi- The SPEAKER pro tempore laid be- f chael Askew from Tallahassee, Florida, fore the House the following commu- as our guest chaplain today to lead us PLEDGE OF ALLEGIANCE nication from the Speaker: in prayer this morning. I appreciate his WASHINGTON, DC, The SPEAKER pro tempore. Will the insightful words and spiritual message. February 26, 2009. gentleman from California (Mr. HONDA) Rev. Askew joins us from the Trinity I hereby appoint the Honorable JOHN T. come forward and lead the House in the United Presbyterian Church of Talla- SALAZAR to act as Speaker pro tempore on Pledge of Allegiance. hassee, Florida, where he has led the this day. Mr. HONDA led the Pledge of Alle- congregation since September of 2008 NANCY PELOSI, giance as follows: Speaker of the House of Representatives. after arriving there from Milwaukee, I pledge allegiance to the Flag of the Wisconsin. Rev. Askew has an impres- f United States of America, and to the Repub- sive 20-year career as an educator and lic for which it stands, one nation under God, careworker to at-risk youth. He is a indivisible, with liberty and justice for all. PRAYER man of God, a man of service, and a The Reverend Michael E. Askew, Sr., f spiritual leader and teacher in the Tal- Trinity United Presbyterian Church, lahassee community. Tallahassee, Florida, offered the fol- MESSAGE FROM THE SENATE I would like to commend Rev. Askew lowing prayer: A message from the Senate by Ms. for the positive impact he has made on Heavenly Creator, maker of days Curtis, one of its clerks, announced so many lives in my community and past, present and future, we humble that the Senate has agreed to a concur- others. We are grateful for his service, ourselves in the breaking of this new rent resolution of the following title in and I wish him the very best as he con- day, so that in all of our efforts and en- which the concurrence of the House is tinues to guide his congregation in the ergy, we give glory to You. requested: coming years. We pray for each Member in this S. Con. Res. 8. Concurrent resolution ex- f United States House of Representatives pressing support for Children’s Dental ANNOUNCEMENT BY THE SPEAKER and their staff. We ask that in the ac- Health Month and honoring the memory of PRO TEMPORE tions and deliberations of today, re- Deamonte Driver. sentment, strife, bitterness, and anger The message also announced that The SPEAKER pro tempore. The will not prevail. pursuant to section 8002 of title 26, Chair will entertain five further re- Rather, each Member is mindful to United States Code, the Chair, on be- quests for 1-minute speeches on each hear the voices and concerns of people half of the Committee on Finance, an- side of the aisle. they serve, of those serving in the mili- nounces the designation of the fol- f tary, of those living in small towns, on lowing Senators as members of the farms, in rural communities, and in Joint Committee on Taxation: EFFECTS OF THE ECONOMIC cities throughout the United States, so The Senator from Montana (Mr. BAU- DOWNTURN collectively and conscientiously we CUS). (Mr. HONDA asked and was given may find methods and solutions to help The Senator from West Virginia (Mr. permission to address the House for 1 even the least among us during these ROCKEFELLER). minute.) troubled times. The Senator from North Dakota (Mr. Mr. HONDA. Mr. Speaker, I would With great joy and gratitude, we CONRAD). like to give voice to several of my con- stand before You ready to serve. Lord, The Senator from Iowa (Mr. GRASS- stituents’ stories about how they are hear Your people as we pray. LEY). being impacted by the economic down- Amen. The Senator from Utah (Mr. HATCH). turn.

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.

H2837

VerDate Nov 24 2008 01:45 Feb 27, 2009 Jkt 079060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A26FE7.000 H26FEPT1 wwoods2 on PRODPC68 with HOUSE H2838 CONGRESSIONAL RECORD — HOUSE February 26, 2009 One constituent, Robert, told me word and work towards comprehensive Mr. CALVERT. Mr. Speaker, I rise about how he and his wife lost nearly immigration reform. today because 7 months from now the 60 percent of their retirement funds. f E-Verify program will expire. It is un- They have no pensions, no 401(k)s, and acceptable that Congress continues to BANK BAILOUT BLUNDER— no health care coverage. kick the can down the road on E- NORTHERN TRUST Another constituent told me how he Verify. Last Congress, I along with 406 lost his job 4 months ago and is now (Mr. POE of Texas asked and was other Members of Congress, voted to drowning in college loans and bills. given permission to address the House extend E-Verify for 4 years. It was a bi- These stories are all too common. for 1 minute.) partisan bill that had the over- Every one of us is feeling the effects Mr. POE of Texas. Mr. Speaker, the whelming support of Members, as well of the economic downturn. But I, along Chicago-based bank Northern Trust as the American public. Congress- with my colleagues in Congress, will took $1.6 billion in bailout money. But woman GIFFORDS and I have introduced advocate for you and your family’s last week the bank threw a high-dollar the same legislation this Congress, needs every day. party in Los Angeles. The celebration H.R. 662. included flying in guests and employ- f Let’s be clear: Reauthorization of E- ees to stay at the Ritz and the Beverly Verify is not immigration reform. The EARMARKS ARE ESSENTIALLY NO- Hills Wilshire. existing voluntary program is the only BID CONTRACTS The bank hosted a $6.3 million fancy way for employers to ensure that that (Mr. FLAKE asked and was given golf tournament. Northern Trust par- are complying with existing law, which permission to address the House for 1 tied all week by entertaining the rich requires them to hire a legal work- minute.) and famous. force. Extending the voluntary pro- Mr. FLAKE. Mr. Speaker, yesterday Nightly concerts were held that in- gram will also provide certainty to the we passed an omnibus spending bill cluded the groups Earth, Wind and 106,000 users of the system, including with more than 8,600 earmarks. Many Fire, Chicago, and even singer Sheryl the States of Arizona and Mississippi, of them are simply wasteful, including Crow. that E-Verify will continue to be avail- 1.8 million to combat swine odor in One night, the bank rented the entire able. Iowa. Maybe that could have been establishment of the House of Blues for So why do we find ourselves counting spent a little closer to home. $50,000 to enjoy the necessities of life. down to an expiration date? Because But a lot of these earmarks, a few When it was all over, the party ani- there are certain special interests that thousand of them, have the potential mals received Tiffany gift bags. A good may try to leverage E-Verify for a so- to be far more damaging to this insti- time was had by all. called comprehensive immigration re- tution because they are essentially no- Mr. Speaker, corporations can do form bill. bid contracts. In many cases, they’re what they want with their own money, We cannot allow the reauthorization no-bid contracts to those who turn out but when banks take taxpayer money, of E-Verify to be tied up in a battle to be campaign contributors to Mem- they are responsible to the taxpayers. over an amnesty bill. Let’s bring the bers who secured the no-bid contract. The bank says they didn’t ask for the bipartisan reauthorization of E-Verify We have to ask ourselves, is this money. Well, if that’s so, the bank through regular order and give the proper for the House to do? Should the should do the right thing. Northern American people, and the thousands of House of Representatives allow its Trust, give us back our $1.6 billion be- E-Verify users, the assurance that em- Members to award no-bid contracts to cause you can’t be trusted with our ployment verification will continue to their campaign contributors? It doesn’t money. be available. The bank blunder bailout loan has seem right, Mr. Speaker. We owe this f come due. institution far better than that, and we And that’s just the way it is. HONORING THOSE WHO HAVE ought to stop the practice. DEPARTED f f (Mr. HASTINGS of Florida asked and NATIONAL PEACE CORPS WEEK COMPREHENSIVE IMMIGRATION was given permission to address the REFORM (Mr. SIRES asked and was given per- House for 1 minute and to revise and mission to address the House for 1 extend his remarks.) (Mr. BACA asked and was given per- minute.) Mr. HASTINGS of Florida. Mr. mission to address the House for 1 Mr. SIRES. Mr. Speaker, today I rise Speaker, one of the greatest privileges minute.) to celebrate National Peace Corps we have in the House of Representa- Mr. BACA. America recently elected Week and to honor the agency’s 48th tives is an opportunity to come before not just the first African American to anniversary. Since the Peace Corps this body and take cognizance of the serve as President but also the son of began in 1961, over 195,000 volunteers extraordinary work of people in our an immigrant. Yet, the positive con- have served in 139 countries around the constituency throughout the United tributions of immigrants never seem to globe. Currently, there are over 7,800 States. When they depart life, very oc- make it through the smoke of politics Peace Corps volunteers serving in 76 casionally we come here to say some- that blurs the issue of immigrant re- countries, including two of my con- thing about it. form. stituents. In the last 2 months, Fletcher Gib- We must not forget that we are a Na- Jaskirat Singh is currently serving son, Ronald Dallas, Pat Larkins, and tion built by immigrants. Today, there in Jordan until September 2010, and Andrew DeGraffenreidt, constituents are 12 to 14 million undocumented, Antoinette Day is currently serving in and personal friends, some fraternity hardworking immigrants contributing Bulgaria. I am incredibly proud of their brothers of mine, have departed this to our economy. service and the lasting contributions life. As we struggle to rebuild our econ- they are making to improve the lives I take this opportunity that’s given omy, we must not forget that a com- of people in the communities where to us by our citizenry to express my prehensive immigration reform is need- they are serving. condolences to their families. Each in ed to bring out of the shadows hard- I would like to commend all the their own way were legendary, iconic working immigrants. We must make Peace Corps volunteers for their dedi- figures in Broward County, and I deep- sure that all workers are on a level of cated service to our Nation and for ex- ly appreciate the service they gave to playing field and that the exploitation panding and creating new opportuni- humankind, and I honor them and offer of undocumented immigrant workers ties for people in the developing world. condolences to their families. ends. f f We must make sure that unscrupulous employers are punished and that REAUTHORIZATION OF E-VERIFY HELPING FAMILIES SAVE THEIR families are respected. (Mr. CALVERT asked and was given HOMES ACT I urge my colleagues to work with permission to address the House for 1 (Mr. SMITH of Nebraska asked and me and for the President to keep his minute.) was given permission to address the

VerDate Nov 24 2008 01:45 Feb 27, 2009 Jkt 079060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K26FE7.003 H26FEPT1 wwoods2 on PRODPC68 with HOUSE February 26, 2009 CONGRESSIONAL RECORD — HOUSE H2839 House for 1 minute and to revise and and taxes. We must eliminate the $500 The SPEAKER pro tempore. The gen- extend his remarks.) billion in annual waste. Electronic tleman from Florida is recognized for 1 Mr. SMITH of Nebraska. Mr. Speak- medical records will help, but only if it hour. er, as a former Realtor, I have seen the puts critical information in doctors’ Mr. HASTINGS of Florida. Mr. hurdles, struggles, and certainly tri- hands and they are personal, private, Speaker, for the purpose of debate umphs of homeowners. and portable. only, I yield the customary 30 minutes Later today, we will be voting on Eliminating hospital-acquired infec- to my friend, the gentlewoman from H.R. 1106, the Helping Families Save tions must also be a priority. Infec- North Carolina (Ms. FOXX). All time Their Homes Act. I understand the tions kill 100,000 patients a year and yielded during consideration of the rule need to help those who need it, but we cost us $50 billion. In the 3 years I have is for debate only. must be mindful we don’t wind up hurt- come to this floor to ask Members to GENERAL LEAVE ing those who are not in dire straits. take action, nearly a quarter of a mil- Mr. HASTINGS of Florida. Mr. Responsible homeowners, many of lion people have died unnecessarily. Speaker, I ask unanimous consent that whom are struggling themselves, How many more will have to face this all Members have 5 legislative days should not be saddled with the costs of preventible disease before we push for within which to revise and extend their subsidizing bad behavior on the part of meaningful reform? remarks and insert extraneous mate- banks or borrowers. Health care reform is about fixing rial into the RECORD. Mr. Speaker, earlier this week Presi- our health care system, not just fi- The SPEAKER pro tempore. Is there dent Obama stood in this very space nancing it and financing its problems. objection to the request of the gen- and called on Congress to work to- Let’s make health care reform real re- tleman from Florida? gether to put our country back on the form, because lives depend on us. There was no objection. right fiscal track. Mr. HASTINGS of Florida. Mr. I agree wholeheartedly, and I urge f Speaker, I yield myself such time as I my colleagues to work in a bipartisan PROVIDING FOR CONSIDERATION may consume. Mr. Speaker, H. Res. 190 provides for manner instead of enacting cramdown OF H.R. 1106, HELPING FAMILIES consideration of H.R. 1106, the Helping legislation, adding even more risk to SAVE THEIR HOMES ACT OF 2009 the mortgage market. Families Save Their Homes Act of 2009, f Mr. HASTINGS of Florida. Mr. under a structured rule. While the rule Speaker, by direction of the Com- waives clause 10 of rule XXI regarding ECONOMIC STIMULUS BILL mittee on Rules, I call up House Reso- PAYGO, there is only a technical viola- (Mr. COHEN asked and was given per- lution 190 and ask for its immediate tion of clause 10 by section 204 of the mission to address the House for 1 consideration. bill. Because of the timing of cash minute.) The Clerk read the resolution, as fol- flows of the Federal Deposit Insurance Mr. COHEN. Mr. Speaker, I was lows: Corporation, the provision increases di- proud to vote for the economic stim- H. RES. 190 rect spending in the first 5-year period, ulus bill, and one of the things that it Resolved, That at any time after the adop- but more than offsets that increase in had that is most effective, timely, tar- tion of this resolution the Speaker may, pur- the 10-year period. geted, and temporary is unemployment suant to clause 2(b) of rule XVIII, declare the Mr. Speaker, H.R. 1106, the Helping compensation of people who are on the House resolved into the Committee of the Families Save Their Homes Act of 2009, front lines and suffer because of this Whole House on the state of the Union for takes a vital step toward reviving our consideration of the bill (H.R. 1106) to pre- recession. housing market, stemming the tide of Money going to those people imme- vent mortgage foreclosures and enhance mortgage credit availability. The first read- home foreclosures and putting our Na- diately go into the economy and stimu- ing of the bill shall be dispensed with. All tion’s economy back on track. late the economy, and nobody can de- points of order against consideration of the This bill would first give bankruptcy bate that. It also helps the people most bill are waived except those arising under judges the ability to modify, at their in need. clause 9 of rule XXI. General debate shall be own discretion, mortgage loans on a So I was most distressed when south- confined to the bill and shall not exceed one homeowner’s principal residence if the ern governors, led by Bobby Jindal, a hour equally divided among and controlled homeowner meets specified, stringent former Member of this House, and oth- by the chair and ranking minority member criteria. Further, this legislation of the Committee on Financial Services and ers and now my own governor have sug- would also help veterans and other gested they may not take that money. the chair and ranking minority member of the Committee on the Judiciary. After gen- homeowners avoid foreclosure by al- To not take that money means this re- eral debate the bill shall be considered for lowing the Department of Veterans Af- cession lingers. To not take that amendment under the five-minute rule. The fairs, the Federal Housing Administra- money means the people that have bill shall be considered as read. All points of tion and the Department of Agri- been hurt the most suffer the most order against provisions in the bill are culture to guarantee and/or insure again. waived. Notwithstanding clause 11 of rule mortgage loans modified either out of It is wrong, and it reminds me of old, XVIII, no amendment to the bill shall be in court or in a bankruptcy case. order except those printed in the report of unrepentant, unreformed southern gov- This bill would also provide a safe ernors with interposition dripping off the Committee on Rules accompanying this resolution. Each such amendment may be of- harbor from liability to mortgage their lips who gave this, the South, a fered only in the order printed in the report, servicers who engage in loan modifica- bad reputation because they didn’t may be offered only by a Member designated tion workouts or other loss mitigation. work with the Federal Government to in the report, shall be considered as read, Many services, Mr. Speaker, have make this a more perfect Union. shall be debatable for the time specified in claimed that fear of litigation or un- f the report equally divided and controlled by certainty about what modification ac- the proponent and an opponent, shall not be tions may be permitted under their b 1015 subject to amendment, and shall not be subject to a demand for division of the question agreement have kept them from par- PROVIDING MEANINGFUL HEALTH taking in loan modifications or other CARE REFORM in the House or in the Committee of the Whole. All points of order against such workouts. With the safe harbor provi- (Mr. TIM MURPHY of Pennsylvania amendments are waived except those arising sions in this legislation, they will no asked and was given permission to ad- under clause 9 or 10 of rule XXI. At the con- longer have any excuse. dress the House for 1 minute.) clusion of consideration of the bill for Additionally, this bill makes much- Mr. TIM MURPHY of Pennsylvania. amendment the Committee shall rise and re- needed changes to the HOPE for Home- Mr. Speaker, this week President port the bill to the House with such amend- owners program in order to encourage Obama came before us and outlined the ments as may have been adopted. The pre- greater lender participation. It puts vious question shall be considered as ordered priorities for health care reform. Good. on the bill and amendments thereto to final the HUD Secretary in charge of run- But let’s keep in mind what reform is. passage without intervening motion except ning the program, reduces fees and The high cost of health care is not one motion to recommit with or without in- eliminates other administrative bur- cured by massive injections of money structions. dens, and changes the profit-sharing

VerDate Nov 24 2008 01:45 Feb 27, 2009 Jkt 079060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K26FE7.005 H26FEPT1 wwoods2 on PRODPC68 with HOUSE H2840 CONGRESSIONAL RECORD — HOUSE February 26, 2009 provisions to induce more loan ida alone that approximately 160,000 about the reason why the rule should writedowns. homes can be saved as a result of court not be adopted and the bill should not Finally, this bill makes permanent supervised modifications. Additionally, be adopted. 94 percent of the people in the temporary increase in deposit in- a recent report by Credit Suisse esti- this country are now paying their surance coverage for both the FDIC De- mates that the safe harbor provisions mortgages and paying them on time. posit Insurance Fund and the National alone will lessen foreclosures by 20 per- What’s going to happen if this bill is Credit Union Administration Share In- cent. passed is that those people, and people surance Fund. This provision will en- Just this past Wednesday, President in the future, are going to be punished. hance the liquidity and stability of our Obama announced his comprehensive We are continually punishing the peo- banking institutions and help restore homeowners’ affordability and sta- ple who play by the rules and reward- confidence in our financial system. bility plan. This legislation is the first ing the people who don’t play by the Some have criticized the bankruptcy step toward putting this plan into ac- rules. It is a real shame that we have cramdown provisions in this bill, and I tion. come to that place in our society be- share some of their concerns, claiming Mr. Speaker, I do not pretend that cause we don’t want to set that as the that they will cause massive losses to implementing this legislation will pre- norm for what we’re doing in this coun- financial institutions, increase the cost vent every single foreclosure. In fact, try, because we’ve always had the rule of borrowing for other homeowners or there are some cases for which fore- of law and we’ve operated very well. lead to a sudden surge of bankruptcy closure is the correct action. However, What separates us from most other filings. I am not certain that this is the this bill will help ensure responsible in- countries is that. case. Modifications will be at the indi- dividuals stay in their home and will And yet, now we’re going to say to vidual discretion of a bankruptcy judge mitigate the destructive impact of people, it’s okay if you go out, mis- who will make the determination of foreclosures on families and commu- represent your position in terms of whether a borrower has acted respon- nities. being able to pay for your mortgage or sibly and their claim has any merit. This bill addresses our Nation’s fore- do any kinds of things like that, and This provision will maximize, not closure crisis in a meaningful and re- then we’ll bail you out. It will be okay lessen, the value of troubled mortgages sponsible fashion by reforming our for us to do that. And that, basically, is for the lender, and will avoid the de- bankruptcy laws, clearing legal im- what this bill is, the message that cline in property values in neighbor- pediments to loan modifications, im- we’re sending. But let me talk just a bit about the hoods where homes have been fore- proving the HOPE for Homeowners pro- process that was involved in bringing closed on. It is preposterous to think gram and ensuring confidence in our this rule to us. We had a very lively de- that individuals would willingly sub- banking system. bate in the Rules Committee yester- mit themselves to the arduous process, Mr. Speaker, I reserve the balance of day. The chairman of the Financial negative stigma and long-lasting ef- my time. Services Committee told us that he fects of filing for bankruptcy. Bank- Ms. FOXX. Mr. Speaker, I yield my- was very willing to accept some of the ruptcy will remain as it has always self such time as I may consume. amendments that had been offered. been, a last resort. I thank my colleague from Florida They might not exactly fit in the Fi- Under current law, bankruptcy for yielding us the time on this rule, judges already have the authority to nancial Services Committee, but he and I also want to say that I thank was willing to work with some of our modify loans on virtually every se- very much the chairman of the Judici- cured claim, including vacation homes, Members to make those fit. ary Committee, Mr. CONYERS, for his We had 20 amendments offered, Re- investment properties, private jets and help yesterday in the Rules Committee publicans did. Only one of those luxury yachts, except for primary fam- meeting on incorporating a suggestion amendments was accepted to be offered ily residences. This loophole is out- that I made into the manager’s amend- today, and it looks like we may have a dated and in my view absurd, and it ment. It didn’t make it in this bill in problem with that amendment once it must be rectified. the form of an amendment, but he was is offered. Some may also argue that we are very kind to include that, and I think We are trying very hard to be bipar- bailing out reckless borrowers at the it made this bad bill a little bit better. tisan. We want to work with the major- expense of those who were prudent and I want to say that my colleague from ity on helping the people in this coun- responsible. However, many individuals Florida has made some very eloquent try who are truly hurting, who have who have duly made every single comments about why this rule should played by the rules and who are being monthly payment and lived within be adopted and why the underlying bill hurt by the economy, through no fault their means are seeing their home val- is such a good bill. However, those of of their own. However, what this bill, ues drop and no longer have the ability us on this side of the aisle have some again, is going to do is it is keeping us to refinance due to the rapidly declin- clear concerns about this rule and from being bipartisan. We have to be ing market. Some who are being swept about the bill and what it is going to opposed to the rule and opposed to the up by the foreclosure crisis are victims be doing to our economy. bill because they’ve put together bills of bad lending practices and some who We heard yesterday a lot of numbers that should not be put together. Many played by the rules and acted respon- that were very, very difficult to pin of us could probably support the Finan- sibly are now finding themselves un- down. In fact, I tried very hard, know- cial Services part of this bill, but we derwater through no fault of their own. ing I was going to handle this rule this would be very concerned about the Ju- Throughout this Nation, Mr. Speak- morning, because I wanted to try to diciary part of it. But no, the majority er, millions of families are in danger of get a handle on the number of people has to lump them all together and cre- losing their homes. And while it is easy that we are talking about. ate a situation that denies our ability to think that the foreclosure crisis af- We heard the number 14 million. We to be bipartisan. fects no other than those directly in- heard 14 million now and more later. A couple of the rules that were of- volved, the truth is this crisis has had But we also heard that what this bill fered yesterday and in the various com- and will have a rippling effect all will do will be to allow the bankruptcy mittees that Chairman FRANK said he across the country. Not only are indi- system to handle about 30,000 new was willing to have a debate on was a viduals’ livelihoods gravely impacted, cases per year. My guess is that while rule offered by Representative but as foreclosures go up, surrounding this bill claims not to be needing a lot NEUGEBAUER which would amend the home prices go down, tax revenue for more money in that area, that eventu- servicer safe harbor provisions to pro- vital public services falls, financial in- ally our colleagues across the aisle are vide that unsuccessful plaintiffs would stitutions are saddled with losses, ac- going to come back asking for more pay all the attorney’s fees and any cess to credit shrinks and our economy money to deal with this issue. legal costs incurred by the defendant. grinds to a halt. This legislation helps Another one by Congresswoman put a stop to this deadly spiral. b 1030 CAPITO would exempt the Federal In my home State of Florida, Mr. But what I want to talk about today Housing Administration, Veterans Ad- Speaker, estimates show just in Flor- a little bit is both the process and ministration Loan Guaranty Program

VerDate Nov 24 2008 01:45 Feb 27, 2009 Jkt 079060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\K26FE7.007 H26FEPT1 wwoods2 on PRODPC68 with HOUSE February 26, 2009 CONGRESSIONAL RECORD — HOUSE H2841 and Guaranteed Rural Housing Loans Mr. Speaker, I rise today in strong KING) to discuss the amendment that from adjustments to the terms of the support of the Helping Families Save he had written that I offered last night loan in bankruptcy. These already are Their Homes Act and this rule. This in the Rules Committee, which was re- very, very lenient programs and, sup- Act throws a lifeline to families who jected. And I think he will share some posedly, all the work has been done so are fighting to stay in their homes dur- very enlightening comments with us. that there would not be the need to go ing this economic crisis. Mr. KING of Iowa. Mr. Speaker, I to bankruptcy. Now, as Mr. HASTINGS knows, we thank the gentlewoman from North Also, Congressman HENSARLING of- have a very high rate of foreclosures in Carolina for yielding, and also for her fered, I offered on his behalf, three ex- the State of Florida, and my Tampa diligent endeavor on the Rules Com- cellent amendments that would, I Bay area community has been particu- mittee to try to hold together the in- think, help with the issue of responsi- larly hard hit. That is why last year I tegrity of this system and this process. bility and accountability. The Presi- began holding foreclosure prevention On this cramdown legislation, the dent talks a lot about that, but when it workshops, so that homeowners could amendment that I offered in the Judi- comes down to implementing those sit down, face to face with lenders and ciary Committee was an amendment things in legislation, we see nothing servicers and work out a refinancing. that would have, and I’d just take the coming from the majority on those I’m planning my fourth workshop now. language right out of it, it would have issues. These homeowners appreciate the op- allowed the court to find that there Let me mention the Hensarling portunity to sit down one on one be- had not been misrepresentation, false amendments which were denied, and we cause most of the time they have a pretenses or actual fraud on the part of can’t even vote on them. One would ex- very difficult time getting in touch the lender if there’s going to be a clude from participation in the HOPE with the lender or servicer. They won’t change in this contract ordered by a for Homeowners Program any borrower answer the phone. judge. whose original loan was a zero down I know many in the banking industry Now, we don’t want to reward people payment loan. Many of these people do not like this bankruptcy provision who are lawbreakers, or those who are are treating these homes that they that allows bankruptcy judges to mod- disingenuous, or those who, by fraudu- bought like rental property. They have ify home loans. But, frankly, they’ve lent or misrepresentative means to no investment in them, and so when brought this on themselves to a great take advantage of a lender under these the economy goes south or the home is extent. I encourage you all to check circumstances. This is new territory not worth as much as they thought it the video of Congresswoman MAXINE we’re in. It’s a narrow standard in a was worth, they just walk away from WATERS staying on the phone for an significant way. it. That’s no sense of responsibility. hour just trying to get a bank to an- This was an amendment that not We’re just, again, rewarding irrespon- swer the phone and pick up the line so only I thought was a good proposal, Re- sibility. that a responsible homeowner can get publicans thought it was a good pro- Another amendment by Congressman into a refinance. They don’t want a posal, but the Democrats also thought HENSARLING would exclude from par- bailout. They just want a little breath- it was a good proposal. And this ticipation in the HOPE for Home- ing room and the opportunity to refi- amendment is an amendment that I ne- owners Program any borrower whose nance. gotiated across the other side of the original loan documentation did not in- This Act today will help. It won’t aisle in committee. It’s an amendment clude verification of the amount and help everyone, but it will also provide that the chairman voted for. It’s an source of income. A lot of these loans a prod, an incentive to these banks to amendment that passed, the bill passed were given out to people who did not refinance these loans. It’s fair and eq- on a recorded vote in committee, 21–3, bring information on their income. uitable to allow home loan modifica- Mr. Speaker. That seems a logical thing to do. Most tions because right now, in bank- So when that happens in this process, people, again, who are paying their ruptcy, every other asset can be the people who took government class mortgages are people who paid some- worked out. The new law will allow all over America and read the Con- thing down and then were able to show loan modifications in bankruptcies and stitution believe that’s the language that they could pay for the home ulti- it will prod the lenders and servicers to that comes to the floor, that the lan- mately. guage that’s approved by the com- And then the third one would have hire the necessary personnel, answer mittee on a final markup is the lan- excluded from participation in the the phone, begin the refinancing that guage that comes to the floor. HOPE for Homeowners Program any they should have been doing over the past year. But what happened was, H.R. 200 was borrower who has a family income that switched out for H.R. 1109, or whatever exceeds 125 percent of the area median Many of these banks have received this bill is that we’re working with. income for where they live. Repub- billions in taxpayer dollars. And I The language of this cramdown was to licans are usually the ones criticized know that President Bush did not in- be transferred into that, but it was for helping wealthy people, but this bill clude a condition that these banks changed in that process. It was is going to allow millionaires to be should refinance or sit down with folks changed after we had a committee able to get help. We don’t think that and begin a discussion, but that must markup, a committee markup that ap- that’s the right thing to do. be a requirement now, or else fore- Those were three very logical amend- closures and the continued deteriora- parently doesn’t have any value when ments that were turned down. As I tion of all of our property values will the will of the committee can be said, only one out of 20 of our amend- continue. usurped by the staff of the committee. ments was accepted. So we think that President Obama’s plan also will pro- And I say the staff of the committee, this is a bad rule. We think it’s a bad vide responsible homeowners with ad- because when I asked the chairman bill and we’re going to urge our col- ditional leverage. And Congresswoman about this yesterday in the Judiciary leagues to vote ‘‘no’’ on it. DORIS MATSUI from California and I Committee, he didn’t seem to be aware Mr. Speaker, I reserve the balance of have an amendment contained in this that my language had been changed. my time. Act that will encourage a holiday for And so we talked to their staff, and Mr. HASTINGS of Florida. Mr. foreclosures until President Obama’s their staff said, well, there were Demo- Speaker, I am very pleased to yield 3 plan takes effect. crats that had some second thoughts. minutes to my very good friend from We’re going to continue to stand up Wouldn’t that include the chairman of Florida, the gentlewoman, Ms. CASTOR, for responsible families and ensure that the committee? And so they reconsid- an immediate past member of the if you work hard and you play by the ered and they rewrote the bill after the Rules Committee that left us for rules, the tools and resources will be fact. And the final answer that came greener pastures. available to help you stay in your from the staff, the unelected staff, Ms. CASTOR of Florida. I thank the home. probably still employed, not if they distinguished gentleman from Florida Ms. FOXX. Mr. Speaker, I would now were working for me, is ‘‘it is what it and my good friend, Mr. HASTINGS, for like to recognize for 5 minutes my dis- is.’’ In other words, tough. You can yielding the time. tinguished colleague from Iowa (Mr. pass an amendment. You can negotiate

VerDate Nov 24 2008 01:45 Feb 27, 2009 Jkt 079060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\K26FE7.009 H26FEPT1 wwoods2 on PRODPC68 with HOUSE H2842 CONGRESSIONAL RECORD — HOUSE February 26, 2009 an amendment. You can get a 21–3 50 homes, you can modify your mort- ecutive branch. This is what the HUD vote. You can have the support of the gage in bankruptcy. If you’re a major Secretary said: chairman. But if they decide when the corporation, you can modify all of your ‘‘What most people don’t understand sun comes up the next morning that loans and contracts in bankruptcy. The is that this program was designed to they want to change their mind, they only exception is the family home. Yet, the detail by Congress.’’ will change the language in the bill while millions of middle class families So that bill was passed. The bill set- without even having the courtesy of are on the verge of losing their homes, ting up the HOPE Program was passed contacting the sponsor of the amend- much of the banking industry and under the Democratic Congress. It also ment, the ranking member of the com- some Members of this House are still shows how off their numbers are in so mittee or, apparently, the chairman of opposed to providing the same relief to many cases when they make pre- the committee. the middle class that is now enjoyed by dictions. They said the 3-year program And so I brought an amendment re- farmers, speculators, the wealthy, and was supposed to help 400,000 borrowers quest to the Rules Committee last major corporations. avoid foreclosure, but between October night. And thankfully, Dr. FOXX of- Lenders warn that we can’t save the and December of last year, only 312 ap- fered that amendment to the Rules family home because it will increase plications had come into the program. Committee. It was voted down on a borrowing costs for everyone else. This Let me tell you a little bit about why party-line vote. is the same industry that in 2005 told that is the case and why, I think, peo- So what we have now is a process us that making bankruptcy more oner- ple who irresponsibly got mortgages to that does not reflect representative ous would reduce people’s interest begin with continue to look for bail- government. It doesn’t reflect the will costs by $400 per year on their credit outs and continue to look for welfare. of this Congress. It reflects the will of cards. Nothing of the sort happened, of This is basically expanding the welfare somebody’s staff. course. program in our country by passing this And there’s plenty of means to The banks have received billions of bill. Here is what one of the people said change the language if there happens dollars from the taxpayers to keep the who is working with those people who to be some kind of flaw in it. And I’ll industry afloat, but they scream at the might benefit from the program: argue there is not. But there’s plenty thought of our helping a few thousand ‘‘Getting the lenders to agree has of means. That means would be come families. I have nothing against Wall been our biggest challenge,’’ said Pey- to the Rules Committee, bring your Street. In fact, it’s in my district, but ton Herbert, director of the foreclosure own amendment. Or bring this out on it is time we did something for the services at HomeFree-USA, a housing the floor for an up-or-down vote, or middle class homeowner. We tried the counseling firm in Hyattsville. lobby the Senate to amend it over voluntary modification route without This is what he says. This is the ri- there, or seek to get something amend- success. Maybe the programs in this diculous way that these folks respond ed in conference. None of those avenues bill will all work this time, but fami- to this. He says, ‘‘The lenders want dol- were followed, Mr. Speaker. And I lies getting thrown out of their homes lar for dollar what’s owed on that loan think it brings a sense of shame upon shouldn’t have to wait for Congress to or something close to it. That’s the fly this Congress that the integrity of a figure out how to get banks to save the in the ointment.’’ Member, of the entire Republican side middle class. The banks have failed to Imagine that. People who loan other of the aisle and many of the Democrats save troubled homeowners. We must people money want them to pay it back has all been usurped by what appears not fail. For every day we delay, the dollar for dollar. Isn’t that an unusual to be a staff decision, because I can’t crisis deepens. People’s lives hang in situation? But that’s the way most of find a single elected Member that will the balance. It is time we put Amer- us operate in this country. However, say yes, I took responsibility and I ican families first. most of these people who got these didn’t think you ought to know when I I urge my colleagues to support the loans and who are in trouble now got changed your language. That’s what’s rule, to support this legislation and to them because they never expected to going on. end this anomaly in the bankruptcy pay them back. They expected some- I urge this body to vote down this code that affects only homeowners. Let body to bail them out. They weren’t rule. Take this thing back to the Rules them enjoy the same rights as every- honest when they got the loans, and Committee, bring us the language that one else. now they’re going to be bailed out by was passed out of the Judiciary Com- Ms. FOXX. Mr. Speaker, I mentioned this legislation. mittee, or at least let’s have some dia- before that 94 percent of the American The other thing, which is just mind- logue on why it was changed in the people are paying their mortgages and boggling to me, is how the press writes dark of the night by staff without a are paying them on time, and they these. Okay. ‘‘The number one impedi- single Member that will take account- don’t understand why this is happening ment is the lenders will redo their ability for what’s happened here. and why they should be burdened with loans if the people promise to pay them having to pay off the mortgages of peo- back.’’ Now, that’s the way it usually b 1045 ple who are not being responsible and operates, but the article goes on to say, Mr. HASTINGS of Florida. Mr. who are not being held accountable. ‘‘The list of impediments goes on.’’ Speaker, I am very pleased to yield 2 I want to share with you an article That’s the attitude of The Wash- minutes to my good friend, the gen- that came out in The Washington Post ington Post. There is an impediment tleman from New York, a member of last December about the HOPE Pro- given out there to the people who want the Judiciary Committee, Mr. NADLER. gram and about the situation that to redo their loans. Do you know what Mr. NADLER of New York. Mr. we’re dealing with. When I read the ar- that impediment is? That the people Speaker, this legislation is an oppor- ticle, it made me realize that our col- who are getting these loans, if their tunity for Members to help families leagues across the aisle are simply not home increases in value, they have to who are about to lose their homes in touch with reality. They don’t have split that value with the Federal Gov- thanks to a terrible combination of job any idea about how the real world ernment, which is underwriting their loss, spiraling health costs, declining works. Most of them have not been in loan, if they sell the home; and the home values, and predatory lending business. Most of them have not had to people don’t want to do that. practices. It will, among other things, meet a payroll. They’re living sort of Again, there is no sense of responsi- correct a 30-year-old anomaly in the in a Never Never Land, and I’m going bility. We didn’t hear the President the bankruptcy code. to quote some things from this article other night talk about personal respon- If you’re a family farmer, you’re al- that, I think, will help the public un- sibility, personal accountability. He lowed to use bankruptcy to modify derstand what that is. uses those words a lot, but he never your mortgage. We enacted that law in There is criticism about the bill from pins them on anybody. It’s just unbe- 1986 during the farm foreclosure crisis. the HUD Secretary. Now, that HUD lievable that that’s the attitude that It was a success, and we made it per- Secretary was in the last administra- people have. They could be getting help manent 3 years ago. If you’re a real es- tion, and there is a lot of blame back that already exists out of the HOPE tate speculator or if you own 5 or 20 or and forth between Congress and the ex- Program, but they don’t do it because

VerDate Nov 24 2008 01:45 Feb 27, 2009 Jkt 079060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\K26FE7.011 H26FEPT1 wwoods2 on PRODPC68 with HOUSE February 26, 2009 CONGRESSIONAL RECORD — HOUSE H2843 they don’t want to pay the money just one step in tackling the housing is going to notice it. Well, I think the back, and they don’t want to share the challenge that we face as a nation. American people are noticing that. I increase in value with the Federal Gov- I urge my colleagues to vote ‘‘yes’’ think they are paying attention. ernment, which is underwriting their on this crucial legislation because Again, the majority of the American mortgage, if they ever sell the home. Americans like Addie Polk and so people who are paying their mortgages, Again, I think they’re living in a many others out there deserve more who are playing by the rules, who are Never Never Land. They think that than feeling so desperate as to shoot going to work every day, and who are they’re due this money for free. themselves, after living in a home for doing their jobs are getting sick and They’ve been taught to live in a wel- almost 40 years, for fear of losing it. tired of the increase in the welfare sys- fare society. We’re continuing the wel- Ms. FOXX. Mr. Speaker, I want to tem again. Here you go. The Democrats fare mentality. We’re going back to say there is another issue here related have been in charge of the Congress for welfare that was done away with when to process that, I think, we need to a little over 2 years, and what do we the Republicans took over the Congress talk about. see but a massive increase in welfare. in 1995. That is not what the American Many people say that the American I appreciate my colleague talking people want. people’s eyes glaze over when we talk about the President saying he was Mr. Speaker, I reserve the balance of about the process here and that they going to be responsible, that he was my time. don’t really care, but I think we going to be held accountable, but you Mr. HASTINGS of Florida. Mr. showed a couple of weeks ago that they know, we’ve not seen anything written Speaker, my good friend from North do care and that they’re watching and into legislation so far. I’ve asked about Carolina refers to the President’s con- that they’re paying close attention to that. Again, I appreciate very much stant statements five or six times dur- what’s going on in Congress, because Chairman CONYERS putting a little ing his joint resolution speech of call- the American people believe in fair piece in this bill about accountability. ing for responsibility and account- play, and they believe that we should I think that was good. ability, and what she says is that he play by the rules. We’re going to look at bankruptcy never pins it on anybody. So often, Congress passes bills and judges, see if they’re abusing their My recollection of his speech was he exempts itself. It often passes rules, power, make sure we have some idea of said, ‘‘including me,’’ when he was and the majority exempts itself. One of what they’re going to be doing. We give talking about responsibility and ac- the ways that Congress is exempting them 2 years to make that report—it’s countability. If that’s not pinning it on itself or that the majority is exempting plenty of time—but I have great con- somebody, I don’t know what is. itself right now on this bill, on this cern over the fact that the majority Mr. Speaker. I am very pleased at rule, is with something they call party has waived the PAYGO rules on this time to yield 3 minutes to the dis- PAYGO. Now, the majority party 2 this bill. That’s a part of what they’re tinguished gentlewoman from Ohio, my years ago made a big splash and got a doing, and I think the American people colleague and former member of the lot of great publicity, saying, ‘‘Every- are concerned about that, too. Rules Committee, Ms. SUTTON. thing is going to be pay as you go.’’ It’s Mr. Speaker, I reserve the balance of Ms. SUTTON. Mr. Speaker, on Octo- abbreviated PAYGO. ‘‘We’re not going my time. ber 3, 2008, Addie Polk, a 90-year-old to do any more spending unless we cut woman from Akron, Ohio, in my dis- spending somewhere else. We want to b 1100 trict, shot herself because her home be diligent.’’ Mr. HASTINGS of Florida. Mr. was in foreclosure. Ms. Polk fell behind They criticized Republicans for years Speaker, may I inquire, please, as to on her mortgage payments, and could on the deficit. They criticized Repub- the amount of time remaining on each not bear to lose the home that she had licans for spending too much money. side? lived in for nearly 40 years. Fortu- They were going to show that they The SPEAKER pro tempore. The gen- nately, Ms. Polk survived and her were different. Yet what have they tleman from Florida has 14 minutes, home was saved, but Ms. Polk is not done every time they’ve gotten a major and the gentlelady from North Caro- alone. bill they’ve wanted to pass? They’ve lina has 71⁄2 minutes. Millions of homeowners across the just waived the PAYGO rules. It’s real Mr. HASTINGS of Florida. Mr. country are finding it more difficult to simple, and it usually doesn’t get a lot Speaker, I am very pleased at this time keep up with their payments. Home- of publicity because they got all that to yield 2 minutes to the distinguished owners are struggling for many rea- great publicity for saying that they gentlewoman from Florida, my fellow sons. Many, in fact, have lost their weren’t going to do that, but that’s Floridian and classmate, my good jobs. You’re right when you say Ameri- what’s happening here, ladies and gen- friend, Ms. BROWN. cans don’t want welfare—they want tlemen. The PAYGO rules have been (Ms. CORRINE BROWN of Florida jobs—which is why we passed the re- waived on this bill. asked and was given permission to recovery act just a couple of weeks ago. They don’t want to show the Amer- vise and extend her remarks.) Some have lost their homes because of ican people how again they’re abusing Ms. CORRINE BROWN of Florida. health care costs, another issue that their own rules, how they’re being un- Thank you for giving me the oppor- our President and this Congress are set fair to the American people because tunity to speak on this rule. to take action on. Some have lost their they’re saying one thing and they’re Mr. Speaker, I rise in support of this homes because they were deceived into doing another. They say, We want to bill but with some reservations because signing predatory loans, another issue bring down the deficit. We want to cur- I know that it’s not a perfect bill, but that we’re acting on, and some did get tail spending. What they’re actually it’s a perfect beginning. I also have in over their heads when they doing, as I said earlier, is bringing back held numerous meetings in my district shouldn’t have. the old welfare system. We saw that concerning foreclosure, and, you know, Regardless of the cause, the crisis is with the stimulus bill. We saw it with we need to assist people to avoid the real. It is real not only for homeowners the appropriations bill. It’s back to the foreclosure process. like Addie Polk who are losing their old style of welfare. We don’t have to We have over 1,000 foreclosures a homes; it is real for our communities, ask people to work to draw welfare month in my district of Florida, and and it is real for our country. We have payments. No. Let’s just get rid of we need to include legal aid and other an interest and a responsibility to do that. Let’s extend the payments. Let’s community organizations like Wealth better in dealing with the challenge. increase the payments. Let’s put more Watchers and those that are helping Today, the House will vote on the people on welfare. That’s exactly what families to avoid losing their homes in Helping Families Save Their Homes this bill does. We’re simply going to be foreclosure. Act. The bill provides homeowners increasing welfare. Mr. HASTINGS, I have a question that with options to refinance into mort- The way they do that is to say, By I want to ask. gages that they can afford, and it will passing this bill, we don’t have to show As we move forward, is there a possi- help countless families stay in their how we’re not increasing the deficit, so bility that we can work to include ad- homes. Now, this is not the end. It is we’ll just waive that rule, and nobody ditional assistance for families so that

VerDate Nov 24 2008 01:45 Feb 27, 2009 Jkt 079060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\K26FE7.013 H26FEPT1 wwoods2 on PRODPC68 with HOUSE H2844 CONGRESSIONAL RECORD — HOUSE February 26, 2009 they can avoid foreclosure? Some of toric proportions in the housing mar- stop the collapse of the housing market the Members are telling people the ket. Every 13 seconds, a new house in and the collapse of prices. problem is they’re not getting good America goes into foreclosure. What Ms. FOXX. Mr. Speaker, could I in- legal representation, and I think this is this has caused is a dramatic decline in quire of the gentleman from Florida if something that’s missing in the bill. the value of housing all over the he has any more speakers? And what can we do to make sure when United States. For example, in Contra Mr. HASTINGS of Florida. I do have this bill leaves the House and the Sen- Costa County, across the bay from my one more speaker, and I will be pre- ate and it goes to conference, that we home, housing values in one year have pared to close. can include additional assistance for declined 53 percent. So those values, Ms. FOXX. Mr. Speaker, I will re- families so they can avoid bankruptcy the collapsing housing market, is serve the balance of my time. because there is a stigma attached to something we need to interrupt. This Mr. HASTINGS of Florida. At this bankruptcy, and the banks don’t have bill is part of that effort to interrupt time, Mr. Speaker, I am very pleased to this stigma. And I am just concerned the collapse of the housing markets by yield 2 minutes to my good friend, the that people will have this stigma. doing something that we should have gentleman from Rhode Island (Mr. What can we do to assist these fami- done long ago to restore fairness to the LANGEVIN). lies? bankruptcy system. Mr. LANGEVIN. I thank the gen- Mr. HASTINGS of Florida. If the gen- Now, bankruptcy has been part of the tleman for yielding. tlelady will yield. Constitution since the very beginning Mr. Speaker, I rise today in support I’m not in a position to speak for the of the United States, and what it al- of this rule and in strong support of the Judiciary Committee, but the distin- lows is for people who are insolvent, underlying bill. guished Chair of the Judiciary Com- who cannot pay their bills, to go into Mr. Speaker, we are not going to fix mittee obviously will be one of the con- bankruptcy court and reorganize. The our economy until we fix the problem ferees, and if such an opportunity ex- unfortunate thing is—and the unfair in the housing market, which currently ists, then I would urge the gentlelady thing—is that people who are bank- has risen to the level of a national cri- to speak with he and the Chair of Fi- rupt, who are insolvent, who are in sis. In my home State of Rhode Island, nancial Services. bankruptcy court, can get reorganiza- we’ve been deeply affected by the I think the gentlelady brings up an tion for their yacht, for their invest- downturn in the housing market. Our outstanding point that’s true through- ment property, for their vacation foreclosure rate last year was ranked out the Nation where people are in homes, for their cars, for their credit 10th worst in the Nation, according to need of appropriate legal representa- cards, for their jet airplane, but not for the Mortgage Bankers Association. tion. the mortgage on their principal resi- And to make matters worse, we cur- The SPEAKER pro tempore. The dence. That’s not fair. That’s not rea- rently have the second highest unem- time of the gentlewoman has expired. ployment rate in the country at 10 per- Mr. HASTINGS of Florida. Mr. sonable. This bill changes that. And in doing cent. Speaker, I yield an additional 1 so, it restores some fairness to the A lack of action on the housing issue minute. is going to lead to even more dire con- Ms. CORRINE BROWN of Florida. I chapter 13 process. The voluntary modification system sequences. met with the credit unions who have Now, in order for the economy to re- been working very hard and doing a has not worked so well. According to Business Week last week, only 35 per- cover, it’s evident that action must be real good job, but they are not in- taken to prevent foreclosures, help cluded. They can’t get any of the cent of the voluntary modifications have actually resulted in lower month- more families preserve home ownership TARP money, so they are limited with and stabilize home prices. H.R. 1106, their amount of participation. We are ly payments. In fact, in 47 percent of the cases, they’ve resulted in increased the Helping Families Save Their having a hard time getting banks to Homes Act, provides the resources that get them to do what we intended them mortgage payments. So it’s small wonder that most of those voluntary reor- homeowners and lenders will need to to do. guide them through this crisis. What is the possibility that we can ganizations end up with a re-default in We also must ensure that the appro- also discuss how we can include credit 6 months. priate measures are in place to prevent unions in getting additional resources The SPEAKER pro tempore. The this kind of crisis from ever happening to help our constituents? time of the gentlewoman has expired. Mr. HASTINGS of Florida. If the gen- Mr. HASTINGS of Florida. Mr. again. This bill goes a long way to- tlelady would yield. Speaker, I yield the gentlelady an addi- wards fixing our housing programs. I’d have you to know that this won’t tional 1 minute. And I want to thank our colleagues, be the last vehicle in straightening out Ms. ZOE LOFGREN of California. I especially Chairman CONYERS and financial services. would just like to note not anyone can Chairman FRANK, for their outstanding But you cite to the credit unions cor- go into bankruptcy court. You have to and tireless efforts on this measure. rectly. I, too, have had meetings with be insolvent. We made it very tough in Ms. FOXX. Mr. Speaker, you know, them. They’re very concerned about 2005 to get in there. But we do believe we hear all this talk about bipartisan- the cramdown provisions allowing that that banks and lenders will come to ship. Bipartisanship to the other side, it may very well cause increases, and the table with the stick that home- to the majority party, means do it my they have been extremely responsible owners could, in fact, go into the bank- way. That’s what bipartisanship means in our respective communities. ruptcy court for relief. to them. Bipartisanship to us means Ms. CORRINE BROWN of Florida. It’s important to note what this is how about we have a discussion? How Thank you very much for the time, and not. This won’t cost the taxpayers one about we bring up some amendments I hope we can work to perfect this bill. dime. This is about lenders eating part and have some votes on them? If you’re Ms. FOXX. Mr. Speaker, I reserve my of the cost for the collapse of the hous- so sure that your position is right, time. ing market. It’s not a bailout from the bring those amendments up for a vote. Mr. HASTINGS of Florida. Mr. taxpayers. It makes lenders take some Let’s see what kind of votes they’re Speaker, I am very pleased to yield 2 responsibility for what has happened. I going to get. No. They won’t even minutes to the distinguished gentle- think it’s about time that the banks allow amendments to be voted on. woman from California (Ms. ZOE stood up to their own responsibility That’s not bipartisanship. LOFGREN), a member of the Judiciary and participated in part of this solu- We had 20 amendments offered for Committee who has worked tirelessly tion, which they have not done to date. this bill. Only one was accepted. That’s in producing this particular document This bill has been narrowed. It’s only not bipartisanship. Bipartisanship along with Chairman CONYERS and for retroactive loans. We’ve made would be, again, bringing up lots of Re- Chairman FRANK and other members of many other adjustments, but it’s sound publican amendments. Let them be their respective committees. policy. It’s something we should do as voted on. Again, people who are sure of Ms. ZOE LOFGREN of California. Mr. soon as possible. It’s going to help mil- their position aren’t afraid of having Speaker, we are facing a crisis of his- lions of people, and it’s going to help votes on alternative points of view.

VerDate Nov 24 2008 01:45 Feb 27, 2009 Jkt 079060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\CR\FM\K26FE7.015 H26FEPT1 wwoods2 on PRODPC68 with HOUSE February 26, 2009 CONGRESSIONAL RECORD — HOUSE H2845 Again, the American people are mentality, then you assume you can dle class homes in this country, many watching us. They’re watching this behave any way you want to and some- of them still standing, many of them Congress, and we know the Congress is body is going to bail you out. And giving the foundation, a safe and in- putting off some tough votes they that’s what this legislation does. habitable environment for people to raise their children as a result of those don’t want to deal with right now be- b 1115 cause they know the American people particular programs, followed by their are watching. And you know, that’s Lots of newspaper articles and maga- successor, the Housing and Urban De- one of the best things that I think has zines have said, ‘‘What this plan is velopment Department. I, as a young come out of last year’s election and, doing is undercutting the banking and lawyer, participated in a variety of perhaps, the economic uncertainty. private sectors, and hurt many honest, methods that gave low and moderate People are suffering. Republicans are hardworking people.’’ That’s a com- income families an opportunity to have concerned about that. We want to do mentary from the Street. Over and a safe and inhabitable environment everything we can to help those people over and over again we hear, ‘‘we’re under programs such as 221D–3, 221H, a who are suffering. But what this Con- subsidizing bad behavior,’’ an article in variety of programs rehabilitating gress has done so far hasn’t helped the National Review. And that’s ex- properties, building homes for seniors, those people who are suffering. It actly what this legislation does, it sub- and giving everybody a chance. hasn’t helped the people who are work- sidizes bad behavior. I would like to add an anecdote. The ing and lost their jobs through no fault This is a sham. It is hurting average value of my home in my neighborhood of their own. Americans who pay their bills, who do in Miramar, Florida, has decreased sub- We want bipartisanship, but it should their work. You know, I think that the stantially. Other Members in this body be true bipartisanship. It’s not ‘‘do it majority party has an addiction to are experiencing the same thing. I have our way or do it not at all.’’ spending other people’s money, and paid my mortgage for 11 years every You know, I respect my colleague that’s what this does. Again, saying it month on time. If my home value de- from California who just spoke and doesn’t cost the taxpayers anything is creases another 6 percent, I will have said that this bill doesn’t cost tax- ridiculous. It’s going to cost the tax- an upside down or underwater mort- payers anything; it only costs the lend- payers a lot of money, both directly gage, having done nothing but the ers. Well, who are the lenders? They’re and indirectly. And I want to say that right thing. But there are seven of my banks that are owned by stockholders. this is a bad bill, it’s a bad rule, and I neighbors that I know of that are in foreclosure. And fortunately our home- Those, the last time I looked, were tax- want to urge my colleagues to vote owners association is mindful of the payers. They’re the real taxpayers. ‘‘no.’’ need that we have to work together. That, again, is part of the out-of-this- Mr. Speaker, I yield back the balance of my time. This is a collective thrust, this piece world mentality that the people on the of legislation. This is something to other side of the aisle have. It doesn’t Mr. HASTINGS of Florida. Mr. Speaker, I yield myself the balance of help us all. That’s what Americans do. cost anybody. It is not a giveaway. It is not welfare I had people in my office and they the time. This is a good rule for a critically im- when I look out for my neighbors and said, ‘‘Oh, this bill doesn’t cost any- they look out for me, it is the potential thing.’’ I said, ‘‘Pardon me? You mean portant bill that addresses our current housing market crisis. to lay the foundation for us to get out they’re going to cram down the mort- of a crisis that is in an enormous one gages, they’re going to reduce the My friend from North Carolina speaks of the leadership of this com- for this entire Nation. amount of the mortgages? Who’s going Nearly 6 million households in Amer- mittee being from California and Ne- to pay the difference between the origi- ica face foreclosure. My State of Flor- vada, the Democratic majority. It is nal amount and the cramdown ida has the second highest foreclosure true that Speaker PELOSI is from Cali- amount?’’ rate after California. It’s just plain old fornia and it is true that Senator ‘‘Oh, those are the bankers. But it common sense for Congress to pass a HARRY REID is from Nevada, but they just means they won’t be as rich as bill that will help working families are two people. There are other people they were before.’’ who have played by the rules and acted in the leadership in the majority, Sen- That’s not the way this country oper- responsibly to stay in their homes and ator DURBIN from Illinois, Mr. CLYBURN ates. ‘‘Cramdown’’ is the right name to continue to pay off their mortgages. from South Carolina, Mr. LARSON from for the people talking about part of We can’t run away from this crisis. We Connecticut, the distinguished major- this legislation. That’s exactly what it must rebuild. And we must help those is. And what are we doing here? ity leader, STENY HOYER, from Mary- in need. You know, the New York Post—not land. Neighborhoods in the district that exactly known as the most conserv- What we are talking about here is a I’m privileged to represent, as well as ative newspaper in the world—calls it universal problem insofar as this coun- around this Nation, are struggling, the Foreclosure Five. What we are try is concerned. And I’m just back homes are being foreclosed, and we doing is we are bailing out people in from an anti-Semitism conference in have an opportunity to mitigate the five States. And is it any surprise that England, where I read, very actively, destructive impact of those fore- those five States are California, Ne- regarding their home crisis in the closures on families and communities. vada, Arizona, Florida, and Michigan? United Kingdom. We are also experi- I urge my colleagues to vote in favor of Where is the leadership in the majority encing a whole global set of cir- this rule so that we may support a bill party? California and Nevada. Is it sur- cumstances. that will give millions of Americans prising? Mr. Speaker, in today’s Daily Sum- the opportunity to stay in their homes This is just more earmark legisla- mary, the quote is made from the ma- and not be forced out on the streets. tion, ladies and gentlemen. More ear- jority whip’s office that Confucius said, In defense of some of the services, in marks. We’re bailing out these five ‘‘The strength of a nation is derived my district, Ocwen Financial Services States. from the integrity of its homes.’’ I can has been doing loan modifications on This is not a crisis of a national pro- think—and I’m sure every Member here their own, and their return rate for portion. This is a personal matter, not can think—of all of our families foreclosures is substantially less than a national crisis. through the years that among the the norm. There just are some good Falling home prices are not the prob- things that they wanted was an oppor- ones out there. The credit unions and lem. Home prices went up tremen- tunity to have a home. When my good the community banks have been doing dously for several years. Everybody friend from North Carolina speaks responsible lending. They did not take knew that was going to have to come about returning to welfare, I didn’t, advantage of people who may not have to a halt. Again, people living in this when I was a boy, think that it was known what they were doing or who world knew that. People who had a welfare after the Second World War should have known and took advantage real-world mentality understood that. when the Federal Home Administra- of the system to buy homes that they But if you’re living in Never Never tion, old FHA, and the Veterans Ad- should not have bought. It’s just that Land, if you’re living on the welfare ministration built a monument to mid- simple.

VerDate Nov 24 2008 01:45 Feb 27, 2009 Jkt 079060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\K26FE7.017 H26FEPT1 wwoods2 on PRODPC68 with HOUSE H2846 CONGRESSIONAL RECORD — HOUSE February 26, 2009 Mr. Speaker, I urge a ‘‘yes’’ vote on Kennedy Mollohan Scott (GA) Sensenbrenner Stearns Upton the previous question and on the rule. Kildee Moore (KS) Scott (VA) Sessions Sullivan Walden Kilpatrick (MI) Moore (WI) Serrano Shadegg Taylor Wamp And I beg of us all to understand the Kilroy Moran (VA) Sestak Shimkus Teague Westmoreland critical need that we have to work to- Kind Murphy (CT) Shea-Porter Shuster Terry Whitfield gether in this country, Democrats and Kirkpatrick (AZ) Murphy, Patrick Sherman Simpson Thompson (PA) Wilson (SC) Smith (NE) Thornberry Wittman Republicans, liberals and conserv- Kissell Murtha Shuler Klein (FL) Nadler (NY) Sires Smith (NJ) Tiahrt Wolf Smith (TX) Tiberi Young (AK) atives. Everybody in this Nation must Kosmas Napolitano Skelton Kratovil Neal (MA) Souder Turner Young (FL) face this problem. And, yes, we must Slaughter Kucinich Oberstar act responsibly; and yes, we must act Smith (WA) NOT VOTING—10 Langevin Obey with accountability. And that’s what Larsen (WA) Olver Snyder Boucher Kline (MN) Perriello this measure, as authored by the dis- Larson (CT) Ortiz Space Campbell Miller, Gary Stark Speier tinguished Chair of the Judiciary Com- Lee (CA) Pallone Cao Nye Levin Pascrell Spratt Cassidy Pence mittee and the distinguished Chair of Lewis (GA) Pastor (AZ) Stupak the Financial Services Committee, Lipinski Payne Sutton b 1152 working in conjunction with their col- Loebsack Perlmutter Tanner Mr. MCHUGH changed his vote from leagues—I might add in a bipartisan Lofgren, Zoe Peters Tauscher Lowey Peterson Thompson (CA) ‘‘yea’’ to ‘‘nay.’’ way. There are few people here that Luja´ n Pingree (ME) Thompson (MS) Mr. KISSELL changed his vote from have had as many markups as they had Lynch Polis (CO) Tierney ‘‘nay’’ to ‘‘yea.’’ in Judiciary and Financial Services. Maffei Pomeroy Titus So the previous question was ordered. And when they come before the Rules Maloney Price (NC) Tonko The result of the vote was announced Markey (CO) Rahall Towns Committee, all I hear of them is the Markey (MA) Rangel as above recorded. Tsongas (By unanimous consent, Mr. HOYER fairness of Congressman CONYERS and Marshall Reyes Van Hollen Massa Richardson the fairness of Congressman FRANK. So Vela´ zquez was allowed to speak out of order.) Matsui Rodriguez Visclosky HONORING GAY TOPPER to say that these measures are not bi- McCarthy (NY) Rothman (NJ) Walz McCollum Roybal-Allard Mr. HOYER. Mr. Speaker, just 2 days partisan or that others are not being Wasserman McDermott Ruppersberger ago—and I know one of the Members listened to is just absolutely wrong. Schultz McGovern Rush Let us pass this measure. Waters said can we do this after votes—but McIntyre Ryan (OH) some people, like Mike Sheehy we Mr. Speaker, I yield back the balance McMahon Salazar Watson of my time, and I move the previous McNerney Sa´ nchez, Linda Watt talked about the other day, have put in Waxman question on the resolution. Meek (FL) T. extraordinary weeks and months and Meeks (NY) Sanchez, Loretta Weiner years serving this institution and The SPEAKER pro tempore. The Welch Melancon Sarbanes every one of us. They make this insti- question is on ordering the previous Michaud Schakowsky Wexler tution run in a way that accommo- question. Miller (NC) Schauer Wilson (OH) Miller, George Schiff Woolsey dates not only the contention but the The question was taken; and the Minnick Schrader Wu compromise and the action. They do so Speaker pro tempore announced that Mitchell Schwartz Yarmuth as well with a spirit that makes this a the ayes appeared to have it. NAYS—183 better place in which to work. As sure- Ms. FOXX. Mr. Speaker, on that I de- ly as each of us who are elected, they mand the yeas and nays. Aderholt Dreier Luetkemeyer serve our country and serve it well. The yeas and nays were ordered. Akin Duncan Lummis Alexander Ehlers Lungren, Daniel I have particular honor to rise on be- The SPEAKER pro tempore. Pursu- Altmire Emerson E. half of all of us, not just the majority ant to clause 9 of rule XX, the Chair Austria Fallin Mack party. I will yield to my friend, the mi- will reduce to 5 minutes the minimum Bachmann Flake Manzullo Bachus Fleming Marchant nority leader, the Republican leader in time for any electronic vote on the Barrett (SC) Forbes Matheson just a minute, but I am particularly question of adopting the resolution. Barrow Fortenberry McCarthy (CA) pleased to rise because this particular The vote was taken by electronic de- Bartlett Foxx McCaul person lives in my district. I’ve known vice, and there were—yeas 238, nays Barton (TX) Franks (AZ) McClintock Berry Frelinghuysen McCotter her for a long period of time. 183, not voting 10, as follows: Biggert Gallegly McHenry She has served the House of Rep- [Roll No. 88] Bilbray Garrett (NJ) McHugh resentatives for 32 years. She must Bilirakis Gerlach McKeon have started at 9 or 10 years of age, I YEAS—238 Bishop (UT) Gingrey (GA) McMorris Abercrombie Cohen Fudge Blackburn Gohmert Rodgers think. She is the retiring clerk to the Ackerman Connolly (VA) Giffords Blunt Goodlatte Mica Parliamentarian. She will retire to- Adler (NJ) Conyers Gonzalez Boehner Granger Miller (FL) morrow. It will be her last day. All of Andrews Cooper Gordon (TN) Bonner Graves Miller (MI) you have seen her, if you don’t know Arcuri Costa Grayson Bono Mack Guthrie Moran (KS) Baca Costello Green, Al Boozman Hall (TX) Murphy, Tim her. If you’ve seen her and talked to Baird Courtney Green, Gene Boustany Harper Myrick her, you know that she is a warm and Baldwin Crowley Griffith Brady (TX) Hastings (WA) Neugebauer gracious person who greets all of us of Bean Cuellar Grijalva Broun (GA) Heller Nunes Becerra Cummings Gutierrez Brown (SC) Hensarling Olson whatever party, whether we’re first- Berkley Dahlkemper Hall (NY) Brown-Waite, Herger Paul year Members or, in my case, a 29th- Berman Davis (AL) Halvorson Ginny Hill Paulsen year Member. Bishop (GA) Davis (CA) Hare Buchanan Hoekstra Petri She will be retiring tomorrow. She Bishop (NY) Davis (IL) Harman Burgess Hunter Pitts Blumenauer Davis (TN) Hastings (FL) Burton (IN) Inglis Platts lives in Upper Marlboro, and she grad- Boccieri DeFazio Heinrich Buyer Issa Poe (TX) uated from Frederick Douglass High Boren DeGette Herseth Sandlin Calvert Jenkins Posey School, which is in my county and the Boswell Delahunt Higgins Camp Johnson (IL) Price (GA) county represented by my colleagues Boyd DeLauro Himes Cantor Johnson, Sam Putnam Brady (PA) Dicks Hinchey Capito Jones Radanovich DONNA EDWARDS and CHRIS VAN Braley (IA) Dingell Hinojosa Carter Jordan (OH) Rehberg HOLLEN. Bright Doggett Hirono Castle Kaptur Reichert She started working in the House of Brown, Corrine Doyle Hodes Chaffetz King (IA) Roe (TN) Representatives in 1977 as an official Butterfield Driehaus Holden Childers King (NY) Rogers (AL) Capps Edwards (MD) Holt Coble Kingston Rogers (KY) reporter where she worked until 1986. Capuano Edwards (TX) Honda Coffman (CO) Kirk Rogers (MI) She began working for the Office of the Cardoza Ellison Hoyer Cole Lamborn Rohrabacher Parliamentarian in 1987 and has Carnahan Ellsworth Inslee Conaway Lance Rooney worked there for 22 years. Carney Engel Israel Crenshaw Latham Ros-Lehtinen Carson (IN) Eshoo Jackson (IL) Culberson LaTourette Roskam The Office of the Parliamentarian is Castor (FL) Etheridge Jackson-Lee Davis (KY) Latta Ross an absolutely critical office, non- Chandler Farr (TX) Deal (GA) Lee (NY) Royce partisan, knowledgeable, focused on as- Clarke Fattah Johnson (GA) Dent Lewis (CA) Ryan (WI) suring that the business of the Amer- Clay Filner Johnson, E. B. Diaz-Balart, L. Linder Scalise Cleaver Foster Kagen Diaz-Balart, M. LoBiondo Schmidt ican people is done in a way that re- Clyburn Frank (MA) Kanjorski Donnelly (IN) Lucas Schock flects fairness and reflects well on the

VerDate Nov 24 2008 02:08 Feb 27, 2009 Jkt 079060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\CR\FM\K26FE7.018 H26FEPT1 wwoods2 on PRODPC68 with HOUSE February 26, 2009 CONGRESSIONAL RECORD — HOUSE H2847 House as an institution. And each and ment for the Arts or the 40th observa- Engel Lipinski Roybal-Allard every one of those who work with our tion about whether or not an IUD is an Eshoo Loebsack Ruppersberger Etheridge Lofgren, Zoe Rush Parliamentarian, John Sullivan, make abortifacient, you have some time on Farr Lowey Ryan (OH) it a better service organization, not your hands when you’re in the chair Fattah Luja´ n Salazar just for the House of Representatives and you get to know people. And one of Filner Lynch Sa´ nchez, Linda Foster Maffei T. but, as I said, for the American people. the people that you get to know is Gay Frank (MA) Maloney Sanchez, Loretta Before I close, I want to yield to my Topper. Professionalism is right. And I Fudge Markey (CO) Sarbanes friend, the Republican leader, JOHN tell Mr. KILDEE, I found out she was a Gonzalez Markey (MA) Schakowsky BOEHNER of Ohio. Democrat after about 10 years of being Gordon (TN) Marshall Schauer Grayson Matsui Mr. BOEHNER. Let me thank my Schiff up there. Green, Al McCarthy (NY) Schwartz colleague for yielding, and, Gay, con- Green, Gene McCollum Scott (GA) gratulations and thank you for 32 years b 1200 Griffith McDermott Scott (VA) Grijalva McGovern Serrano of service to the House. We, as Mem- But you get to know people. You get Gutierrez McIntyre bers, are fortunate to have a lot of pro- Sestak to know people, and you also get to Hall (NY) McMahon Shea-Porter Halvorson McNerney fessionals who help us do our job and know the professionalism. Sherman Hare Meek (FL) help our country do the job that they Sires A lot of us think on each side some- Harman Meeks (NY) Skelton sent us here to do, and whether they Hastings (FL) Melancon how the Chair is rigged up there. Well, Slaughter work in the Parliamentarian’s office Heinrich Miller (NC) it is not rigged. I can remember a de- Smith (WA) like Gay, whether they work here on Herseth Sandlin Miller, George bate one evening when a Member, I Higgins Mitchell Snyder the floor, in committees or in our per- won’t name the Member, said, ‘‘Hey, I Himes Mollohan Space sonal staffs, we’re very fortunate to want you to give me a minute like you Hinchey Moore (KS) Speier have people such as yourself help us do Hinojosa Moore (WI) Spratt just gave that Republican.’’ And I Stupak the job the American people sent us Hirono Moran (VA) turned to Gay and I said, ‘‘Give the Hodes Murphy (CT) Sutton here to do. gentlelady the same minute you gave Holden Murphy, Patrick Tanner Tauscher And I just wanted to rise today and the Republican,’’ and she did. Holt Murtha Honda Nadler (NY) Thompson (CA) say thank you. Thank you for 32 years. Gay, we are going to be a poorer in- Thompson (MS) God bless your soul for putting up with Hoyer Napolitano stitution without you, and I want to Inslee Neal (MA) Tierney all of us for 32 years, but we’re glad you thank you on behalf of us during those Israel Nye Titus Tonko did. happier times for your service. Jackson (IL) Oberstar Jackson-Lee Obey Towns Thank you. Mr. HOYER. Thank you, Mr. Tsongas Mr. HOYER. I now want to yield to a (TX) Olver LATOURETTE. Johnson (GA) Ortiz Van Hollen ´ Member, senior to me, very good friend Mr. Speaker, I will close on behalf of Johnson, E. B. Pallone Velazquez from Michigan who has served this in- Kagen Pascrell Visclosky the Speaker and myself; and I know Walz stitution so well, Congressman KILDEE. Kanjorski Pastor (AZ) that the Speaker, on behalf of all the Kennedy Payne Wasserman Mr. KILDEE. I thank the gentleman House, irrespective of party, Gay, Kildee Perlmutter Schultz for yielding. wants to thank you for the service you Kilpatrick (MI) Peters Waters My tenure here started about the Kilroy Pingree (ME) Watson have given to us, the friend you have same time as Gay Topper’s tenure, and Kind Polis (CO) Watt been to us, the fairness you have dis- Kissell Pomeroy Waxman you know, through those years I never played throughout 32 years of your ca- Klein (FL) Price (NC) Weiner knew what party she belonged to. I do Langevin Rahall Welch reer, and wish you Godspeed. know that she was a great American Larsen (WA) Rangel Wexler Thank you very much. Wilson (OH) and a great human being, and those of Larson (CT) Reyes ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Lee (CA) Richardson Woolsey us who had the opportunity of coming Levin Rodriguez Wu in contact with her became better peo- The SPEAKER pro tempore. Without Lewis (GA) Rothman (NJ) Yarmuth ple because of her professionalism, her objection, 5-minute voting will con- kindness, her gentleness, her knowl- tinue. NAYS—198 edge, not just to the Members but to There was no objection. Aderholt Chandler Hensarling The SPEAKER pro tempore. The Akin Childers Herger the pages. Alexander Coble Hill The two pages sitting right there, question is on the resolution. Altmire Coffman (CO) Hoekstra when my son, one summer, sat there as The question was taken; and the Austria Cole Hunter documentarian, he would come home Speaker pro tempore announced that Bachmann Conaway Inglis the ayes appeared to have it. Bachus Crenshaw Issa at night and talk about how kindly, Barrett (SC) Culberson Jenkins how friendly Gay was to the pages. Ms. FOXX. Mr. Speaker, on that I de- Barrow Davis (KY) Johnson (IL) That’s very important. That kindness mand the yeas and nays. Bartlett Deal (GA) Johnson, Sam The yeas and nays were ordered. Barton (TX) Dent Jones means so much in this House. It helps Berry Diaz-Balart, L. Jordan (OH) sometimes take off those sharp edges, The SPEAKER pro tempore. This Biggert Diaz-Balart, M. Kaptur and she has done that. will be a 5-minute vote. Bilbray Donnelly (IN) King (NY) This House is a better House because The vote was taken by electronic de- Bilirakis Dreier Kingston vice, and there were—yeas 224, nays Bishop (UT) Duncan Kirk of Gay Topper, and I can say person- Blackburn Ehlers Kirkpatrick (AZ) ally, Mr. Speaker, that I’m a better 198, not voting 9, as follows: Blunt Ellsworth Kosmas person because of Gay Topper. [Roll No. 89] Boehner Emerson Kratovil Bonner Fallin Kucinich Thank you very much. God bless you, YEAS—224 Bono Mack Flake Lamborn Gay. Abercrombie Brown, Corrine Crowley Boozman Fleming Lance Mr. HOYER. I yield to my friend. Ackerman Butterfield Cuellar Boswell Forbes Latham Mr. LaTOURETTE. I thank the ma- Adler (NJ) Capps Cummings Boustany Fortenberry LaTourette Andrews Capuano Dahlkemper Brady (TX) Foxx Latta jority leader for yielding. Arcuri Cardoza Davis (AL) Bright Franks (AZ) Lee (NY) I just wanted to add on our side, in Baca Carnahan Davis (CA) Broun (GA) Frelinghuysen Lewis (CA) happier times—and I know you won’t Baird Carney Davis (IL) Brown (SC) Gallegly Linder agree with me, but I define happier Baldwin Carson (IN) Davis (TN) Brown-Waite, Garrett (NJ) LoBiondo Bean Castor (FL) DeFazio Ginny Gerlach Lucas times as when the Republicans were in Becerra Clarke DeGette Buchanan Giffords Luetkemeyer the majority—a number of us had the Berkley Clay Delahunt Burgess Gingrey (GA) Lummis opportunity to spend very long eve- Berman Cleaver DeLauro Burton (IN) Gohmert Lungren, Daniel Bishop (GA) Clyburn Dicks Buyer Goodlatte E. nings in the chair as the Speaker’s rep- Bishop (NY) Cohen Dingell Calvert Granger Mack resentative, during the appropriations Blumenauer Connolly (VA) Doggett Camp Graves Manzullo process in particular. Boccieri Conyers Doyle Cantor Guthrie Marchant I know it won’t come as a surprise to Boren Cooper Driehaus Capito Hall (TX) Massa Boyd Costa Edwards (MD) Carter Harper Matheson Members, but when you’ve heard that Brady (PA) Costello Edwards (TX) Castle Hastings (WA) McCarthy (CA) 50th speech on the National Endow- Braley (IA) Courtney Ellison Chaffetz Heller McCaul

VerDate Nov 24 2008 02:08 Feb 27, 2009 Jkt 079060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\CR\FM\K26FE7.021 H26FEPT1 wwoods2 on PRODPC68 with HOUSE H2848 CONGRESSIONAL RECORD — HOUSE February 26, 2009 McClintock Posey Shuster Services and the chairman and ranking this bill, a borrower will be able to re- McCotter Price (GA) Simpson McHenry Putnam Smith (NE) minority member of the Committee on duce, for example, a $500,000 mortgage McHugh Radanovich Smith (NJ) the Judiciary. to $400,000. When housing prices rise in McKeon Rehberg Smith (TX) The gentleman from Massachusetts the future, that borrower has no obli- McMorris Reichert Souder (Mr. FRANK), the gentleman from Ala- gation to pay back the $100,000 amount Rodgers Roe (TN) Stearns Mica Rogers (AL) Sullivan bama (Mr. BACHUS), the gentleman they crammed down. Thus, the bor- Michaud Rogers (KY) Taylor from Michigan (Mr. CONYERS) and the rower receives a $100,000 windfall. And Miller (FL) Rogers (MI) Teague gentleman from Texas (Mr. SMITH) experts predict that receiving this Miller (MI) Rohrabacher Terry each will control 15 minutes. windfall will provide an incentive for Minnick Rooney Thompson (PA) Moran (KS) Ros-Lehtinen Thornberry The Chair recognizes the gentleman borrowers to file for bankruptcy. Murphy, Tim Roskam Tiahrt from Michigan. If bankruptcy filings increase as a re- Myrick Ross Tiberi (Mr. CONYERS asked and was given sult of this legislation, which is pre- Neugebauer Royce Turner dicted, it is unlikely that the country’s Nunes Ryan (WI) Upton permission to revise and extend his re- Olson Scalise Walden marks.) only 368 bankruptcy judges could han- Paul Schmidt Wamp Mr. CONYERS. Mr. Chairman, I yield dle the additional caseload in an effec- Paulsen Schock Westmoreland myself as much time as I may con- tive manner. This will prolong the cri- Pence Schrader Whitfield sis as borrowers wait for their bank- Peterson Sensenbrenner Wilson (SC) sume. Petri Sessions Wittman Members of the House, this very im- ruptcy plan to be court-approved. Pitts Shadegg Wolf portant legislation would limit an In fact, even Senator DURBIN, the pri- Platts Shimkus Young (AK) anomaly in the Bankruptcy Code which mary sponsor of this legislation in the Poe (TX) Shuler Young (FL) prohibits judicial modifications of Senate, has stated that he is ‘‘willing NOT VOTING—9 principal residences, even though every to restrict’’ this legislation to Boucher Cassidy Miller, Gary other class of asset, from second homes subprime mortgages in an effort to Campbell King (IA) Perriello to yachts, airplanes, investment prop- make this proposal ‘‘reasonable.’’ Cao Kline (MN) Stark erties, family farm, hotels, and even of- So, the legislation we are considering b 1213 fice buildings, is eligible for such treat- today, and the ‘‘Housing Affordability and Stability Plan’’ announced by the So the resolution was agreed to. ment. I believe that this proposal represents a critical step that we can take President last Tuesday, really amount The result of the vote was announced to another entitlement program, a pro- as above recorded. to not only protect hardworking and honest Americans struggling to keep gram that comes at the expense of the A motion to reconsider was laid on 92 percent of the homeowners who are the table. their homes in the midst of a once in a lifetime economic calamity, but to making their payments on time. And it is a program that benefits f limit the downward cycle of fore- lenders who wrote irresponsible loans closures that are now damaging our MESSAGE FROM THE PRESIDENT and borrowers who borrowed more than neighborhoods, while, at the same A message in writing from the Presi- they could afford. In other words, this time, protecting financial inter- dent of the United States was commu- legislation will punish the successful, mediaries and ensuring that judicial nicated to the House by Ms. Wanda tax the responsible, and hold no one ac- modification is considered only after Evans, one of his secretaries. countable. every reasonable effort has been taken f If we pass this legislation, what mes- to achieve voluntary modification out- sage does it send to responsible bor- GENERAL LEAVE side of the bankruptcy. rowers who are making their payments Mr. Chairman, on that note, I reserve Mr. CONYERS. Mr. Speaker, I ask on time? How can we ask them to foot the balance of my time. the bill for their neighbors’ mortgages? unanimous consent that all Members Mr. SMITH of Texas. Mr. Chairman, I have 5 legislative days in which to re- What are homeowners to think if they yield myself such time as I may con- pay back the full amount of principal vise and extend their remarks and in- sume. sert extraneous material on H.R. 1106. they owe, while others receive a gov- Mr. Chairman, our country has fallen ernment-granted reduction in prin- The SPEAKER pro tempore. Is there into a serious economic recession, a re- objection to the request of the gen- cipal? cession that is worsened by the fore- We need to do everything we can to tleman from Michigan? closure crisis. Until we address the ris- There was no objection. help solve the foreclosure crisis, but we ing number of foreclosures, it will be need to do so in a manner that doesn’t f difficult for the economy to recover. bankrupt the taxpayers or our finan- But some of what is in this bill we cial system and that is, in fact, fair to HELPING FAMILIES SAVE THEIR consider today will be helpful. Pro- HOMES ACT OF 2009 all. viding loan servicers a safe harbor from And as we work to solve the fore- The SPEAKER pro tempore. Pursu- the threat of litigation if they offer closure crisis, we need to remember ant to House Resolution 190 and rule borrowers meaningful loan modifica- how we got here. As the President said XVIII, the Chair declares the House in tion will, in fact, help blunt the crisis. in his address to Congress on Tuesday, the Committee of the Whole House on But the bill also includes many coun- ‘‘It is only by understanding how we the State of the Union for the consider- terproductive components, especially arrived at this moment that we’ll be ation of the bill, H.R. 1106. the bankruptcy provision. This bank- able to lift ourselves out of this predic- ruptcy provision not only will fail to b 1215 ament.’’ solve the foreclosure crisis, but also This foreclosure crisis was brought IN THE COMMITTEE OF THE WHOLE will make the crisis deeper, longer and on largely by irresponsible mortgage Accordingly, the House resolved wider. policies. Those policies were imple- itself into the Committee of the Whole Allowing bankruptcy judges to re- mented by lenders and supported by House on the State of the Union for the write mortgages will increase the over- government-sponsored entities like consideration of the bill (H.R. 1106) to all cost of lending. Lenders and inves- Fannie Mae, who were all too willing prevent mortgage foreclosures and en- tors will hesitate to put up capital in to put profits ahead of prudence. Their hance mortgage credit availability, the future if they fear that judges will irresponsible behavior was encouraged with Mr. SERRANO in the chair. rewrite the terms of their mortgage by Members of Congress and the Clin- The Clerk read the title of the bill. contracts. Less available capital and ton administration. Too often bor- The CHAIR. Pursuant to the rule, the increased risk means that borrowers rowers, spurred on by cheap credit and bill is considered read the first time. will pay higher interest rates in the fu- little or nothing as a down payment, General debate shall not exceed 1 ture. borrowed more than they could afford. hour equally divided and controlled by Allowing bankruptcy judges to re- The mortgage bankruptcy provisions the chairman and ranking minority write mortgages will also encourage in this bill are not the answer. Allow- member of the Committee on Financial borrowers to file for bankruptcy. Under ing bankruptcy modification of home

VerDate Nov 24 2008 02:08 Feb 27, 2009 Jkt 079060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\A26FE7.005 H26FEPT1 wwoods2 on PRODPC68 with HOUSE February 26, 2009 CONGRESSIONAL RECORD — HOUSE H2849 mortgages will be costly, generate un- This bill allows families to remain in Mr. JORDAN of Ohio. I yield the gen- intended consequences, and likely their homes and avoid foreclosure. It tleman an additional minute. delay the resolution of the foreclosure will also lead to a financial recovery Mr. DANIEL E. LUNGREN of Cali- crisis itself. for the lender that would be as good or fornia. And some people have suggested If we’re going to enact this bank- better than they could get at a fore- well, look, it’s treated differently in all ruptcy provision, despite all of its closure sale. This is a win-win. other aspects. flaws, we should at least limit relief to I know some well-meaning opponents Interestingly enough, if you look at subprime and non-traditional mort- believe families will rush headlong into chapter 12, which has to do with agri- gages. We should provide bankruptcy filing for bankruptcy. We all know, cultural loans, and you see the argu- judges with clear guidance on the pro- however, that the grave consequences ment being made that, well, when they cedure to follow in modifying the of filing for bankruptcy means it will made that change there, it had no im- terms of home mortgages, guidance always be a last resort. pact. Interestingly enough, it was dur- that would make lowering payments to Thank you, Chairman CONYERS and ing the Clinton administration that an affordable level the paramount goal Chairman FRANK, for your leadership their Department of Agriculture con- of bankruptcy modification. And we on this issue. cluded that chapter 12 may have sub- should provide much stricter provi- Mr. JORDAN of Ohio. Mr. Chairman, stantially increased costs for farm sions for allowing a lender to recapture I yield 2 minutes to our distinguished businesses. That’s not the Bush admin- any principal that is reduced in bank- colleague from California (Mr. DANIEL istration. That’s not a Republican ruptcy if the home is later sold at a E. LUNGREN). economist. That’s the Clinton adminis- profit. Mr. DANIEL E. LUNGREN of Cali- tration, their Department of Agri- Mr. Chairman, this bill, and the fornia. Mr. Chairman, the suggestion culture concluding that this type of a amendments we are going to consider has been made that it makes no sense change in the agricultural setting ac- today, provide none of these safe- to treat primary residences in the way tually substantially increased costs for guards. that the current bankruptcy law does. home businesses. I urge my colleagues to vote against Well, in fact, Supreme Court Justice If you want to substantially increase this bill. Stevens, in the case of Nobleman v. the cost for home mortgages in the fu- I reserve the balance of my time. American Savings Bank, explained why ture across the board for all Americans Mr. CONYERS. Mr. Chairman, I just we have this when he said that, ‘‘At then vote for this provision. Go home want my friend on the other side to first blush it seems somewhat strange and talk about how you felt good about know that the majority whip of the the Bankruptcy Code could provide less it. But don’t tell folks what it’s really Senate did not make that statement. It protection to an individual’s interest going to do. It’s going to hurt every- is inaccurate. in retaining possession of his or her body in terms of their accessibility to I now yield to the distinguished gen- home than of other assets. The anom- home mortgages. tlelady from Florida, DEBBIE aly, is, however explained by the legis- WASSERMAN SCHULTZ, 2 minutes. lative history indicating that favorable b 1230 Ms. WASSERMAN SCHULTZ. Mr. treatment of residential mortgages was Mr. CONYERS. Mr. Chairman, I yield Chairman, I rise in support of H.R. 1106, intended to encourage the flow of cap- myself 15 seconds to merely apprise my the Helping Families Save Their ital into the home lending market.’’ dear friend from California and distin- Homes Act. In other words, it is precisely because guished member of the Judiciary that Mortgage foreclosures lay at the very we want to promote home ownership Mark Zandi, the GOP adviser to JOHN heart of our financial crisis. Until we that it is treated in this way. MCCAIN, said, ‘‘The total cost of fore- stop this bleeding, we cannot hope to Now, we in the Judiciary Committee closures to lenders is much greater stabilize the housing market and truly believe we can do a lot of things. But than that associated with a chapter 13 rescue our economy. one thing we have been unable to do, bankruptcy.’’ This legislation is about more than but we’re trying to do it once again is The CHAIR. The time of the gen- just shoring up our economy, it’s about suspend the laws of economics. This tleman has expired. helping hardworking Americans hold suggests that this change will have no Mr. CONYERS. Mr. Chairman, I yield on to the American Dream. Fore- impact whatsoever. myself 15 more seconds. closures uproot families and decimate The change will have this impact: It There is no reason to believe that the communities. Vacant homes blight our will include higher risk premiums on cost of mortgage credit across all neighborhoods and depress all of our all mortgages in the future because of mortgage loan products should rise. property values. the uncertainty now involved with re- That’s a Republican economist. Foreclosure rates are now approach- spect to all mortgages. That’s what’s I now yield 2 minutes to my good ing heights not seen since the Great going to happen. friend from Massachusetts, WILLIAM Depression. In my own home State of I had a telephone town hall in my DELAHUNT, himself a distinguished Florida, we have the second highest district with thousands of people on member of the Attorney General’s of- foreclosure rate in the Nation. Since the line, and one person said to me, fice in Massachusetts. January, more than 4,200 Florida fami- how is that fair? How is that fair to Mr. DELAHUNT. Mr. Chairman, last lies have lost their homes. Another 1.2 me? How is that fair to my children year in the United States, over 2 mil- million Florida homeowners are ‘‘under and my grandchildren, when this lion homes went into foreclosure, and water,’’ that is, they owe more than means this is going to increase the cost the rate of mortgage defaults is now their homes are worth. of home mortgages in the future across accelerating. If we don’t act soon, Mr. Chairman, my constituents, our the board and maybe limit the accessi- today, then our entire economy is at constituents need a lifeline, and we bility to home mortgage notice future risk. That’s how we got here to begin must throw it to them. Voluntary to those very people we say we’re try- with. modification is just not working, and ing to help? What I find particularly disturbing is our current bankruptcy laws fail our Sometimes it is more than just a sen- that the people who got us into this families. timent that we have to act on here. It mess oppose the bill. They’d prefer to Unlike every other secured debt, in- is reality. And unless we can suspend have the taxpayers cover their losses cluding debts secured by second homes, the laws of economics, this provision and have them continue to bail them investment properties, luxury yachts will actually undo what the bill is in- out. and private jets, the mortgage for a tended to do, that is, help people be Of the most recent issue of primary residence cannot be modified able to have access to mortgages and BusinessWeek, not a Democratic publi- in bankruptcy. That is simply not fair. help people get lower rates. This is one cation, by the way, this is what it says The Bankruptcy Code should be a of the reasons why you have lower on the cover: ‘‘Home Wreckers: How safety net of last resort for families in rates for home mortgages than you do the Banks Are Making the Foreclosure distress. In this recession, excluding for second homes. Crisis Worse.’’ the family home makes no sense and The CHAIR. The time of the gen- Here is their take on this issue of fans the flames of foreclosure. tleman has expired. this kind of legislation. I’m reading:

VerDate Nov 24 2008 02:08 Feb 27, 2009 Jkt 079060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\CR\FM\K26FE7.025 H26FEPT1 wwoods2 on PRODPC68 with HOUSE H2850 CONGRESSIONAL RECORD — HOUSE February 26, 2009 ‘‘The bad mortgages that started the The point is we can foresee them. We Mr. Chairman, I rise in strong support of current financial crisis have produced know what’s going to happen. Talk to H.R. 1106, ‘‘Helping Families Save Their a terrifying wave of home foreclosures. your community banks. Don’t hurt Homes in Bankruptcy Act of 2009.’’ I would Unless this surge eases, even the most them. Don’t hurt the young, working like to thank Chairman CONYERS of the House extravagant Federal stimulus spending people any more than we already have. Judiciary Committee and Chairman BARNEY won’t spur economic recovery . . . One Give them a break. Do the right thing. FRANK of the Financial Services Committee for reason foreclosures are so rampant is Don’t cram this down on America and their leadership on this issue. Mr. Chairman, I that banks and their advocates in our young people. urge my colleagues to support this bill be- Washington have delayed, diluted and Mr. CONYERS. Mr. Chairman, I yield cause it provides a viable medium for bank- obstructed attempts (like this) to ad- 2 minutes to the distinguished gentle- ruptcy judges to modify the terms of mort- dress the problem.’’ woman from Houston, Texas, SHEILA gages held by homeowners who have little re- So, if we want to have taxpayers JACKSON-LEE. course but to declare bankruptcy. keep bailing out the banks with no end (Ms. JACKSON-LEE of Texas asked This bill could not have come at a more in sight, that’s one option or we can and was given permission to revise and timely moment. Just a day after the Presi- compel the banks to sit down with extend her remarks.) dent’s address before the Joint Session of debtors and mitigate the losses, which Ms. JACKSON-LEE of Texas. Wait a Congress where President Obama outlined his would benefit the consumer, the lender minute. Can we get a little history les- economic plan for America and discussed the in the end and the investors. son here? Does anybody remember the current economic situation that this country is Mr. JORDAN of Ohio. Mr. Chairman, $700 billion that we gifted to the facing. I would yield 2 minutes to my friend banks? When they were on their knees, To be sure, there are many economic woes and colleague from Texas, Congress- they took Federal money. Many of us that saddle this country. The statistics are man GOHMERT. voted against it because we wanted to staggering. Mr. GOHMERT. Mr. Chairman, I’m know what was going to happen to the Home foreclosures are at an all-time high sure most people have heard about the American public. and they will increase as the recession con- Why is my friend talking about the guy who kept beating himself in the tinues. In 2006, there were 1.2 million fore- young people who were hurting in the head with a hammer, and when people closures in the United States, representing an administration before us? They hurt said, Why are you doing that? he said, increase of 42 percent over the prior year. more than young people. They told us Because it feels so good when I stop. During 2007 through 2008, mortgage fore- that we needed $700 billion of govern- The trouble is we keep beating the closures were estimated to result in a whop- ment money to give to the banks. We same people who are footing the bill for ping $400 billion worth of defaults and $100 asked the banks to voluntarily modify everything. Now, I know this bill is billion in losses to investors in mortgage secu- the loans. We begged them to do it. We well-intentioned. I know the hearts of rities. This means that one per 62 American worked with them. We spoke with those who are pushing this, but the households is currently approaching levels not trouble is there’s a big difference be- them. They did not do it. Today, we vote for the little person, seen since the Depression. tween the investment banks that have for the individual who has been respon- The current economic crisis and the fore- squandered money and have gotten us sible, who has been working like a con- closure blight have affected new home sales into big trouble and the community stituent in my constituency for 18 and depressed home value generally. New banks that have been making good years as a cafeteria worker, saving up home sales have fallen by about 50 percent. loans. money, who has got a small bungalow, One in six homeowners owes more on a mort- The trouble is, once you allow a but it was at an adjustable rate. That’s gage than the home is worth raising the possi- bankruptcy judge not only to do what not that lady’s fault. She is still work- bility of default. they can do now with mortgages— ing, but she has fallen behind. She will Home values have fallen nationwide from an change the rate, change the terms—but go into court under this bill. She will average of 19% from their peak in 2006 and to actually bring down the principal to be able to use the FHA and VA. They this price plunge has wiped out trillions of dol- whatever the bankruptcy judge feels will be able to look to voluntarily mod- lars in home equity. The tide of foreclosure like, then banks—these good, solid ify before the court. might become self-perpetuating. The nation community banks—will be in jeopardy, The only thing that this does is it al- could be facing a housing depression—some- and they will only be able to give loans lows, after all things have happened, thing far worse than a recession. to those who can prove for sure they for you to be able to go into the court- Obviously, there are substantial societal and will not ever file for bankruptcy. house, stand before a judge and be as- economic costs of home foreclosures that ad- You’re going to put in jeopardy the sessed on your own responsibility. We versely impact American families, their neigh- bottom lines of the people who’ve actu- have a manager’s amendment. If borhoods, communities and municipalities. A ally been responsible and who’ve had there’s any profit to be made, it goes single foreclosure could impose direct costs good banks and have done the right back to the lender, to the bank. Mr. on local government agencies totaling more things. Bank and Mrs. Bank, why didn’t you do than $34,000. The bottom line is the people whom this on your own? We would have pre- I am glad that this legislation is finally on the we’ve saddled with so much debt in just ferred you to have done it. floor of the United States House of Represent- the last few months—the young people, I’m looking forward to introducing atives. I have long championed in the first the young couples who are trying to legislation where, for people who’ve TARP bill that was introduced and signed late make it and who are hoping for a home been responsible and who go in to redo last Congress, that language be included to loan—are not only going to be cussing their mortgages, their issue will not be specifically address the issue of mortgage our names 30 years from now for the part of their credit score, of their po- foreclosures. I had asked that $100 billion be debt we’ve put them in, but when they tential foreclosure, of their back pay- set aside to address that issue. Now, my idea go to the bank after this passes, they ments, because it is not their fault. has been vindicated as the TARP today has won’t get a home loan because we’ve We’ve fallen into a crisis, into an included language and we here today are con- been irresponsible in trying to help but abyss. tinuing to engage in the dialogue to provide not looking at the ramifications of So, my friends, I don’t know how we monies to those in mortgage foreclosure. I what we’re doing. can stand on the other side of the aisle have also asked for modification of home- This adds to the hundreds of billions talking about the poor little banks. We owners’ existing loans to avoid mortgage fore- we’ve already spent, and now we’re asked the banks to reorder people’s closure. I believe that the rules governing going to hurt the very people we need mortgages. People in my district these loans should be relaxed. These are in- to be relying on to get this economy begged for them to do so, but when deed tough economic times that require tough going. The young people need to be they called, there was nothing but a 1– measures. able to get those loans to get homes, 800 number. Because of the pervasive home fore- and this will ensure they can’t go get Support this legislation. It’s the lit- closures, federal legislation is necessary to them, because we’ve been irresponsible tle fellow’s day today. We want people curb the fallout from the subprime mortgage in not thinking about the unforeseen to save their homes. We’re saving crisis. For consumers facing foreclosure sale conclusions. America. who want to retain their homes, Chapter 13 of

VerDate Nov 24 2008 02:08 Feb 27, 2009 Jkt 079060 PO 00000 Frm 00014 Fmt 7634 Sfmt 9920 E:\CR\FM\K26FE7.027 H26FEPT1 wwoods2 on PRODPC68 with HOUSE February 26, 2009 CONGRESSIONAL RECORD — HOUSE H2851 the Bankruptcy Code provides some modicum undergo a slow credit counseling process. SEC. 205. FORBEARANCE IN CREATION OF CRED- of protection. The Supreme Court has held This will help prevent the debtors credit situa- IT SCORE. (a) In GENERAL.—Section 609 of the Fair that the exception to a Chapter 13’s ability to tion from worsening, potentially spiraling out of Credit Reporting Act (15 U.S.C. 1681g) is modify the rights of creditors applies even if control, and result in the eventual loss of his amended by adding at the end the following the mortgage is undersecured. Thus, if a or her home. new subsection: Chapter 13 debtor owes $300,000 on a mort- Section 4 of the Manager’s Amendment re- ‘‘(h) FORECLOSURE ON SUBPRIME NOT TAKEN gage for a home that is worth less than laxes certain Bankruptcy requirements under INTO ACCOUNT FOR CREDIT SCORES.— $200,000, he or she must repay the entire ‘‘(1) IN GENERAL.—A foreclosure on a Chapter 13 so that the debtor can modify the subprime mortgage of a consumer may not amount in order to keep his or her home, even terms of the mortgage secured by his or her be taken into account by any person in pre- though the maximum that the mortgage would primary residence. This is an idea that I have paring or calculating the credit score (as de- receive upon foreclosure is the home’s value, long championed in the TARP legislation—the fined in subsection (f)(2)) for, or with respect i.e., $200,000, less the costs of foreclosure. ability of debtors to modify their existing pri- to, the consumer. Importantly, H.R. 1106 provides for a relax- ‘‘(2) SUBPRIME DEFINED.—The term mary mortgages. Section 4 allows for a modi- ation of the bankruptcy provisions and waives ‘subprime mortgage’ means any consumer fication of the mortgage for a period of up to the mandatory requirement that a debtor must credit transaction secured by the principal receive credit counseling prior to the filing for 40 years. Such modification cannot occur if dwelling of the consumer that bears or oth- bankruptcy relief, under certain circumstances. the debtor fails to certify that it contacted the erwise meets the terms and characteristics creditor before filing for bankruptcy. In this for such a transaction that the Board has de- The waiver applies in a Chapter 13 case fined as a subprime mortgage.’’. where the debtor submits to the court a certifi- way, the language in the Manager’s Amend- ment allows for the creditor to demonstrate (b) REGULATIONS.—The Board shall pre- cation that the debtor has received notice that scribe regulations defining a subprime mort- the holder of a claim secured by the debtor’s that it undertook its ‘‘last clear’’ chance to gage for purposes of the amendment made by principal residence may commence a fore- work out the restructuring of the debt with its subsection (a) before the end of the 90-day closure proceeding against such residence. creditor before filing bankruptcy. period beginning on the date of the enact- This bill also prohibits claims arising from Importantly, the Manager’s Amendment ment of this Act. amends the bankruptcy code to provide that a (c) EFFECTIVE DATE.—The amendment violations of consumer protection laws. Spe- made by subsection (a) shall take effect at cifically, this bill amends the Bankruptcy Code debtor, the debtor’s property, and property of the end of the 30-day period beginning on the to disallow a claim that is subject to any rem- the bankruptcy estate are not liable for fees date of the enactment of this Act and shall edy for damages or rescission as a result of and costs incurred while the Chapter 13 case apply without regard to the date of the fore- the claimant’s failure to comply with any appli- is pending and that arises from a claim for closure. cable requirement under the Truth in Lending debt secured by the debtor’s principal resi- The homeowners should not be required to Act or other applicable state or federal con- dence. pay for the bad acts of the lenders. It would sumer protection law in effect when the non- Lastly, I worked to get language in the Man- take years for a homeowner to recover from a compliance took place, notwithstanding the ager’s Amendment that would allow the debt- mortgage foreclosure. My amendment would prior entry of a foreclosure judgment. ors and creditors to get to negotiate before a have strengthened this already much needed H.R. 1106 also amends the Bankruptcy declaration of bankruptcy is made. I made and well thought out bill. Code to permit modification of certain mort- sure that the bill addresses present situations I intend to offer a bill later this Congress to gages that are secured by the debtor’s prin- at the time of enactment where homeowners address this issue. cipal residence in specified respects. Lastly, are in the process of mortgage foreclosure. HOUSING AND FORECLOSURES AND TEXAS the bill provide that the debtor, the debtor’s This is done with a view toward consistency Despite being such a large state, Texas property, and property of the bankruptcy es- predictability and a hope that things will im- ranks only 17th in foreclosures, below the na- tate are not liable for a fee, cost, or charge in- prove. tional average. One reason is that Texas curred while the Chapter 13 case is pending homeowners enjoy strong constitutional pro- RULES COMMITTEE and that arises from a debt secured by the tections under the state’s home-equity lending debtor’s principal residence, unless the holder During this time, debtors and average law. These consumer protections include a 3% of the claim complies with certain require- homeowners found themselves in the midst of cap on lender’s fees, 80% loan-to-value ratio ments. a home mortgage foreclosure crisis of unprec- (compared to many other states that allow I have long championed the rights of home- edented levels. Many of the mortgage fore- borrowers to obtain 125% of their home’s owners, especially those facing mortgage foreclosures were the result of subprime lending value), and mandatory judicial sign-off on any closure. I have worked with the Chairman of practices. foreclosure proceeding involving a defaulted the House Judiciary Committee to include lan- I have worked with my colleagues to home-equity loan. guage that would relax the bankruptcy provi- strengthen the housing market and the econ- Nationwide, the number of home fore- sions to allow those facing mortgage fore- omy, expand affordable mortgage loan oppor- closures rose nearly 60% from February 2007 closure to restructure their debt to avoid fore- tunities for families at risk of foreclosure, and to February 2008, while foreclosures in Texas closure. strengthen consumer protections against risky actually decreased 1% during the same pe- MANAGER’S AMENDMENT loans in the future. Unfortunately, problems in riod. In fact, state-wide foreclosure filings in Because I have long championed the rights the subprime mortgage markets have helped Texas dropped 17% from January to Feb- of homeowners facing mortgage foreclose in push the housing market into its worst slump ruary. the recent TARP bill and before the Judiciary in 16 years. Still, in the last month, in Texas alone there Committee, I have worked with Chairman Last night, I offered an amendment that have been 30,720 foreclosures and sadly CONYERS and his staff to add language that would prevent homeowners and debtors, who 15,839 bankruptcies. Much of this has to do would make the bill stronger and that would were facing mortgage foreclosure as a result with a lack of understanding about finance— help more Americans. I co-sponsored sections of the unscrupulous and unchecked lending of especially personal finance. of the Manager’s Amendment and I urge my predatory lenders and financial institutions, Last year, Americans’ personal income de- colleagues to support the bill. from having their mortgage foreclosure count creased $20.7 billion, or 0.2 percent, and dis- Specifically, I worked with the Chairman against them in the determination of their posable personal income (DPI) decreased CONYERS to ensure that in section 2 of the credit score. It is an equitable result given that $11.8 billion, or 0.1 percent, in November, ac- amendment, section 109(h) of the Bankruptcy the debtors ultimately faced mortgage fore- cording to the Bureau of Economic Analysis. Code would be amended to waive the manda- closure because of the bad practices of the Personal consumption expenditures (PCE) de- tory requirement, under current law, that a creased $56.1 billion, or 0.6 percent. In India, lender. debtor receive credit counseling prior to filing household savings are about 23 percent of for bankruptcy relief. Under the amended lan- Simply put, my amendment would prevent their GDP. guage there is now a waiver that will apply homeowners who have declared mortgage Even though the rate of increase has where the debtor submits to the court a certifi- foreclosure as a result of subprime mortgage showed some slowing, uncertainties remain. cation that the debtor has received notice that lending and mortgages from having the fore- Foreclosures and bankruptcies are high and the holder of a claim secured by the debtor’s closure count against the debtor/homeowner could still beat last year’s numbers. principal residence may commence a fore- in the determination of the debtor/home- Home foreclosures are at an all-time high closure proceeding against such residence. owner’s credit score. and they will increase as the recession con- This is important because it affords the Specifically, my amendment language was tinues. In 2006, there were 1.2 million fore- debtor the maximum relief without having to the following: closures in the United States, representing an

VerDate Nov 24 2008 03:41 Feb 27, 2009 Jkt 079060 PO 00000 Frm 00015 Fmt 7634 Sfmt 9920 E:\CR\FM\A26FE7.011 H26FEPT1 wwoods2 on PRODPC68 with HOUSE H2852 CONGRESSIONAL RECORD — HOUSE February 26, 2009 increase of 42 percent over the prior year. I believe that this bill is important and will do vote, and there is a full expectation, During 2007 through 2008, mortgage fore- yeoman’s work helping America get back on when an amendment passes in com- closures were estimated to result in a whop- the right track with respect to the economy mittee, it is part of the bill. That’s why ping $400 billion worth of defaults and $100 and the morgtgage foreclosure crisis. I whole- we have the markup. billion in losses to investors in mortgage secu- heartedly urge my colleagues to support this So I had an impromptu colloquy with rities. This means that one per 62 American bill. the chairman, and he said, ‘‘I accept re- households is currently approaching levels not Mr. JORDAN of Ohio. I yield 2 min- sponsibility. I’ll find out what hap- seen since the Depression. utes to a colleague and friend from pened. I’ll report back to you. I’ll get The current economic crisis and the fore- Iowa, Congressman KING. back to you right away.’’ closure blight have affected new home sales Mr. KING of Iowa. Mr. Chairman, I don’t know the answer to that at and depressed home value generally. New this is a bad bill, and I would echo the this point. I can only draw the conclu- home sales have fallen by about 50 percent. statement of Congressman LOUIE One in six homeowners owes more on a GOHMERT from Texas. sion that, since no one knew this hap- mortgage than the home is worth raising the We have community bankers. We pened and since no member of the Judi- possibility of default. Home values have fallen have independent bankers. They’re ciary Committee, no Member of Con- nationwide from an average of 19% from their good bankers. These are people who un- gress has said, ‘‘I’m responsible,’’ other peak in 2006 and this price plunge has wiped derstand their communities. They un- than responsible for its happening, I out trillions of dollars in home equity. The tide derstand their customers. They under- trust it was a staff act that’s not been of foreclosure might become self-perpetuating. stand their depositors. They make held accountable. Until I get an an- The nation could be facing a housing depres- these discretionary decisions at a com- swer, I’m going to operate under the sion—something far worse than a recession. munity level. assumption that no other agreement Obviously, there are substantial societal and I represent 286 towns in 32 counties in that’s made between gentlemen is economic costs of home foreclosures that ad- western Iowa. Some of those towns going to be valid until we can make versely impact American families, their neigh- have shriveled up. Some other towns this one valid. borhoods, communities and municipalities. A have actually shriveled up and have Mr. CONYERS. Mr. Chairman, it is single foreclosure could impose direct costs gone away, but when I look at what’s with great pleasure that I recognize for on local government agencies totaling more left of the towns that are shrinking, 2 minutes the subcommittee Chair of than $34,000. often the last enterprise is the commu- Immigration, the head of the Ethics Recently, the Congress set aside $100 bil- nity bank, the independent bank, be- Committee, and a great leader in the lion to address the issue of mortgage fore- cause they’re investing back into the Congress, ZOE LOFGREN. closure prevention. I have long championed community. When I watch these communities Ms. ZOE LOFGREN of California. Mr. that money be a set aside to address this very Chairman, there has been a lot dis- important issue. I believe in homeownership grow back again—and some of them have grown back again since I’ve been cussed here on the floor today that this and will do all within my power to ensure that elected to Congress—it’s because is a problem that is limited to just a Americans remain in their houses. there’s an investment locally because few parts of our country—California, BANKRUPTCY decisions are made at the discretion of Nevada, Florida. I just think this is im- I have long championed in the first TARP the depositors. They are those who sup- portant: bill that was introduced and signed late last port the board members who hire the I went and got the records for year to Congress, that language be included to spe- loan officers who make these discre- year on the rate of foreclosure. In Ala- cifically address the issue of mortgage fore- tionary decisions. They want mort- bama, there was nearly a 73 percent in- closures. I had asked that $100 billion be set gages. They want to invest in the com- crease; in Arkansas, a 127 percent in- aside to address that issue. Now, my idea has munity. They’re invested in the com- crease; in Hawaii, a 139 percent in- been vindicated as the TARP that was voted munity. This cramdown bill hands it crease; in Kentucky, a nearly 60 per- upon this week has included language that over to an unelected judge. cent increase; in Maine, a 104 percent would give $100 billion to address the issue of We had an intense discussion in the increase; in Missouri, a nearly 60 per- mortgage foreclosure. I am continuing to en- Rules Committee last night about what cent increase; in Nebraska, a 165 per- gage in the dialogue with Leadership to pro- kind of accountability there is for cent increase; in New Hampshire, a 356 vide monies to those in mortgage foreclosure. judges. I’d like to hear a list of the percent increase; in New Mexico, a 270 I have also asked for modification of home- names of those judges who have been percent increase; in North Carolina, a owners’ existing loans to avoid mortgage fore- removed for incompetence, let alone 126 percent increase; in North Dakota, closure. I believe that the rules governing for poor discretion. I’d rather give that a 150 percent increase. these loans should be relaxed. These are in- discretion to the banker who is ac- This is happening all over the United deed tough economic times that require tough countable to the depositors than to a measures. States, and I’ll tell you: when fore- judge who is not accountable unless closures hit a neighborhood, when half CREDIT CRUNCH Congress happens to find him. of the block is up for sale in a bank A record number of commercial real estate Speaking of accountability, I do rise sale, the value of your home declines loans coming due in Texas and nationwide the in frustration that an amendment that dramatically, and when the meth deal- next three years are at risk of not being re- I introduced in the Judiciary Com- ers move into those naked homes, I’ll newed or refinanced, which could have dire mittee that succeeded by a vote of 21– tell you that it does nothing to in- consequences, industry leaders warn. Texas 3 was taken out of this bill after the crease the value of the homes of the re- has approximately $27 billion in commercial fact. Even though it had the support of maining homeowners. loans coming up for refinancing through 2011, the chairman and of all but three ranking among the top five states, based on Democrats and every Republican, when It is essential that we interrupt this data provided by research firms Foresight something like that happens out of foreclosure wave. Now, this very mod- Analytics LLC and Trepp LLC. Nationally, committee, I have to trust as an elect- est bankruptcy piece is a small part of Foresight Analytics estimates that $530 billion ed Member of Congress that there will the picture. It’s important to note of commercial debt will mature through 2011. be a level of respect so that when the that, contrary to some of the com- Dallas-Fort Worth has nearly $9 billion in com- committee votes, that’s the will of the ments, this provision only relates to mercial debt maturing in that time frame. committee. I would argue that the job mortgages entered into before the ef- Most of Texas’ $27 billion in loans maturing is for the Chair or for the Speaker or fective date of this bill. It is not pro- through 2011—$18 billion—is held by financial for whomever it might be to bring out spective. It is retroactive only. We institutions. Texas also has $9 billion in com- the will of the group. have further narrowed the provision in mercial mortgage-backed securities, the third- The CHAIR. The time of the gen- the manager’s amendment, which will largest amount after California and New York, tleman has expired. be discussed later, but I think it’s according to Trepp. Mr. JORDAN of Ohio. I yield an addi- worth noting that the bad faith on the Mr. Chair, my amendment would have tional minute to the gentleman. part of a debtor throws the whole thing helped alleviate these problems. Although my Mr. KING of Iowa. The way you find out. We’ve made tremendous improve- amendment language was included in the bill, out the will of the group is you have a ments. It’s essential that we act soon.

VerDate Nov 24 2008 02:08 Feb 27, 2009 Jkt 079060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\CR\FM\A26FE7.014 H26FEPT1 wwoods2 on PRODPC68 with HOUSE February 26, 2009 CONGRESSIONAL RECORD — HOUSE H2853 Mr. JORDAN of Ohio. If the gen- rowers and lenders for what’s equitable irresponsibly. But think about this: 94 tleman from Michigan has more speak- and right. These people lose their percent of mortgages are being paid on ers, we will reserve the balance of our homes and the neighborhoods’ values time. It is wrong to tell those individ- time. will go down, home values will go uals they are now going to have to in Mr. CONYERS. I yield 1 minute to down, tax revenues to local and State some way compensate or not be able to the gentlewoman from California, governments will go down, crime will get credit in the future to accommo- LINDA SA´ NCHEZ. go up. This is an effective way for date those individuals, that 6 percent, Ms. LINDA T. SA´ NCHEZ of Cali- neighborhood stabilizations and to who have behaved in an irresponsible fornia. Mr. Chairman, I rise in strong keep families in their homes. fashion. support of the Helping Families Save The fact is this law came out of a Bankruptcy cramdown is not such a Their Homes Act. compromise in the Congress in 1978. solution. It absolves lenders and bor- The mortgage meltdown affects ev- And Justice Stevens might have been rowers of the responsibility, passing eryone. No one is immune from the talking about that legislation, but it that responsibility off on the tax- widespread effects of home fore- wasn’t Justice Stevens’ logic. And he payers, those who borrowed respon- closures. It hurts the families who are talked about the flow of capital into sibly, and those who will seek to bor- forced out of their homes, of course, the housing market. Well, there was row responsibly in the future. but it also hurts their neighbors, who too much flowing of capital into the I urge my colleagues to vote against see a drastic drop in property values housing market, and that’s what’s this bill. and communities that have to cut back caused these foreclosures. I yield back the remainder of our services due to losses in property val- This bill will force modifications. time. ues. For too many, the American People have to give 15 days’ notice be- Mr. CONYERS. Mr. Chairman, it dream of owning a home has quickly fore they can go into bankruptcy, and gives me pleasure to yield the remain- eroded into a nightmare. The bill’s hopefully banks will then have vol- der of our time to the gentleman from mortgage bankruptcy and loan modi- untary modifications, which they’ve North Carolina, BRAD MILLER. fication provisions will provide direct refused to do up to this point. And re- Mr. MILLER of North Carolina. Mr. help to real American families. member, the key to this bill is FDIC Chairman, it is remarkable after all As the former chairwoman of the insurance. And if we don’t pass this that has happened in the American Commercial and Administrative Law bill, the banks and the community economy to still hear the talking Subcommittee, I held many hearings banks and the credit unions won’t get points of the banking industry and the on the mortgage foreclosure crisis and $250,000 of FDIC insurance to protect securities industry repeated verbatim its impact on families. I know that this the banks for what has been their prof- without criticism, simply parroted. bill fixes an inequity in the bankruptcy ligate ways that have put us in this That the banking industry is really all code by ensuring that, under limited circumstance that we are in now in about helping folks, that’s what caused conditions, homeowners and bank- this economy and in this country. the problem; that they were trying too ruptcy proceedings will have access to But we need to support this legisla- hard to help people; that they loaned, the full range of financial support and tion and see that we get the FDIC in- perhaps not wisely but too well. options available. surance for the right spot, and then we The reality is, this is not going to af- I urge my colleagues on both sides of need to do something for our families fect the availability of credit. We’ve the aisle to support homeowners and and our neighborhoods. got plenty to judge that by. There have neighborhoods by supporting this vital Mr. JORDAN of Ohio. Mr. Chairman, been rafts of economic studies by real piece of legislation. I continue to reserve. economists in peer review journals that Mr. JORDAN of Ohio. We will con- Mr. CONYERS. Mr. Chairman, may I show that when you compare lending tinue to reserve the balance of our inquire how many speakers my friend practices in one place and another at time. on the other side has remaining? the same time with different laws, Mr. JORDAN of Ohio. I will be clos- there is very little, if any, difference. 1245 b ing. Now, the minority has tried to tap Mr. CONYERS. Mr. Chairman, I yield The CHAIR. The Chair will note that into the American anger at banks by 2 minutes to the distinguished gen- both sides have 2 minutes remaining. calling this a bailout. The reason that tleman from Tennessee (Mr. COHEN). Mr. JORDAN of Ohio. Mr. Chairman, the banking industry is so virulently Mr. COHEN. Mr. Chairman, Chair- there is nothing in this bill that re- opposed to this, this is the only pro- man CONYERS has done a wonderful job quires borrowers to attempt to work posal to deal with the foreclosure prob- bringing this bill to the floor with oth- out a loan modification prior to filing lem that does not give them tax ers. This is a bill that shouldn’t be par- for bankruptcy. There is nothing in money. We aren’t begging them, we tisan, but the other side has tried to this bill that will limit bankruptcy re- aren’t bribing them to do the right make it such. And obviously it’s not lief to only those borrowers that are in thing; we will make them do the right because otherwise Jack Kemp wouldn’t danger to losing their homes because thing. They will modify mortgages in be wholeheartedly supporting this. Be- they have a subprime or nontraditional the way they should have, voluntarily, sides Jack Kemp, Nobel Prize winners loan. involuntarily in bankruptcy court if in economics, Joseph Stiglitz and Paul In fact, I offered this very amend- they don’t do it voluntarily. Krugman, as well as George Soros, en- ment to limit the scope of the provi- Mr. GOHMERT suggests this is some- dorse it. In fact, this is something the sion in committee, same amendment how going to be wild, arbitrary, the American people need. that was actually the bill that came Wild West, no one knows what a bank- President Obama just the other night out of committee last session. Unfortu- ruptcy court will do, what a bank- spoke about doing something worth- nately, that was defeated. ruptcy judge will do. Mr. Chairman, while, words engraved above the There is nothing in this bill that ad- there have been thousands of bank- Speaker’s rostrum. This is something dresses the moral hazard the bankruptcy cases. The law is very clear. The worthwhile we can do to help individ- ruptcy provisions will create by procedures are very clear. The judges uals stay in their homes, help commu- incentivizing homeowners to file for do this all the time. Everyone involved nities, help local governments. bankruptcy so they can cram down in bankruptcy knows exactly what will If we lose these people’s homes to their principal and receive a windfall happen, and it will be a very predict- foreclosure, which otherwise we would, when housing prices rise in the future. able, orderly, logical modification of it’s no cupcake ride into the bank- And there is nothing in this bill that mortgages in bankruptcy so that bor- ruptcy court. There are strict rules will place a sunset on the bankruptcy rowers will come out with the very about income and assets that allow a provisions so that this relief is limited mortgage—with the mortgage they person to get in there. And the judges to the current crisis. should have gotten, if they should have who are there, who might be decried by Americans want solutions to this cri- gotten a mortgage at all—and the lend- some, are judges that are appointed sis that do not abandon accountability er will come out with a mortgage they and sit as a decider between the bor- and that do not reward those who acted should have made in the first place.

VerDate Nov 24 2008 02:08 Feb 27, 2009 Jkt 079060 PO 00000 Frm 00017 Fmt 7634 Sfmt 0634 E:\CR\FM\K26FE7.029 H26FEPT1 wwoods2 on PRODPC68 with HOUSE H2854 CONGRESSIONAL RECORD — HOUSE February 26, 2009 Do something the banks won’t like to duction of the gentleman from Dela- they did an excellent drafting job on solve this problem and pass this bill. ware (Mr. CASTLE) and the gentleman this bill—is to say that if you want to The CHAIR. The gentleman from from Pennsylvania (Mr. KANJORSKI) to go bankrupt, you have to notify your Massachusetts (Mr. FRANK) will be rec- say that if you as the servicer modify lender and then there is a waiting pe- ognized for 15 minutes and the gen- a loan that you hold on behalf of an in- riod. tleman from Alabama (Mr. BACHUS) vestor in ways that will minimize the So this will promote exactly the kind will be recognized for 15 minutes. loss to the investor, you could not be of communication between lenders and The Chair recognizes the gentleman successfully sued because you will have borrowers that we hoped would go for- from Massachusetts. carried out your obligation. It author- ward. Mr. FRANK of Massachusetts. Mr. izes the payment of a fee of up to a NATIONAL ASSOCIATION OF REALTORS, Chairman, this bill is a joint product of thousand dollars to servicers for modi- Washington, DC, February 24, 2009. two committees: the Committee on the fications because this is a job that DEAR REPRESENTATIVE: When people lose Judiciary and the Committee on Fi- many of them did not expect. homes to foreclosure, our communities, the nancial Services. I very much appre- It also improves the HOPE for Home- housing market and our economy all suffer. ® ciate the fully cooperative relationship owners program which, when we passed The National Association of REALTORS that the gentleman from Michigan and believes H.R. 1106, the ‘‘Helping Families it in July, had some hopes and they Save Their Homes Act,’’ includes provisions I and the members of the committee weren’t realized; and I will acknowl- to minimize foreclosures, stabilize home val- staffs have had. Working with him has edge that we didn’t do that well. We ues and move the country closer to an eco- been a pleasure as he has taken the were at the time responding to pres- nomic recovery. lead in the more controversial parts of sures that said don’t be too generous. The bill provides a safe harbor for mort- this bill. I say controversial not in As a result, particularly after the Sen- gage servicers who conduct loan modifica- denigration but in support. ate got through with it, it became un- tions in good faith. Currently few loan modi- I think the bankruptcy provisions— workable. fications are occurring because servicers face which are the product of the Judiciary The impetus for change came in part the threat of investor lawsuits. This provision will relieve servicers from liability, and Committee, not the committee I from the Bush administration. The allow more loans to be modified. chair—are essential. I was particularly FHA, under the Bush administration, The bill also reforms the Hope for Home- struck—and I will enter into the Secretary Preston and Commissioner owners program, allowing more borrowers to RECORD letters from the National Montgomery, said you’ve made this un- refinance into safe, affordable mortgages. Council of Life Insurers specifically ap- workable. So we have amendments Despite being well-intentioned, the Hope for proving the bankruptcy provision, and that would make it workable. And Homeowners program has enjoyed very lim- from the National Association of Real- what we hope coming together is this: ited success. The program’s constraints have made it very difficult for lenders and tors also approving the bill. no one ought to be encouraged to go Obviously, there are people entitled servicers to participate. H.R. 1106 eases cur- bankrupt or think bankruptcy is an rent restrictions and makes the program to a variety of opinions, but I think it’s easy path. We do prefer voluntary more useable, while still preserving the ben- relevant to note that two important modifications. efits to homeowners and limiting risks to groups, one involved in housing—the What we have is a package, along the FHA fund and the American taxpayer. Realtors—and another very, very much with the very good proposals enun- The bill strengthens oversight of FHA-ap- involved in finance—the Life Insurance ciated last week by the President, proved lenders. FHA is experiencing unprece- Council—support the bill including the worked on by Secretary Geithner and dented volume during this mortgage liquid- bankruptcy provision. Secretary Donovan, who did an excel- ity crisis. More and more lenders want to be- There is another reason why bank- come involved with FHA. To ensure that lent job on it, we have a menu of ways predatory lenders are unable to participate, ruptcy is relevant to some of the using all the powers of the Federal the bill provides a number of safeguards to things in the jurisdiction of our com- Government, including authority, by protect the FHA fund and taxpayers from mittee. Even where there are people the way, that we first gave the admin- fraud and abuse. willing to modify mortgages, there are istration, the Bush administration, in As progress continues on the bankruptcy some legal tangles. We have this form the TARP bill, which they sadly re- provisions within this bill, NAR would sup- of a servicer. A servicer is an entity fused to use. But this administration is port reasonable and equitable requirements which has been given control or au- using authorities that were given to for judicial review of loan terms for home- thority over packages of mortgage se- owners who are forced into bankruptcy be- the Bush administration through cause they are unable to qualify for or ob- curities. Even in cases where the Fannie Mae and Freddie Mac, through tain foreclosure prevention assistance. servicer has been willing, in some the TARP, through other ways, The National Association of REALTORS® cases, to do a modification, that entity through the FDIC and other bank regu- believes H.R. 1106 will help millions of home- is facing lawsuits from investors who lators. This enhances the authority to owners who are at risk of losing their homes. say you can’t do it. do modifications. It will also help neighborhoods avoid the There are also second mortgages, So the result—and this is why it’s a ramifications of foreclosures and will help that is, even in cases where there are a package. We strengthen the commu- our economy on the road to recovery. We ask lot of willing parties to this on both nity banks, in particular, with this in- you to support this important bill. Sincerely, the lender and the borrower’s side, the crease in the deposit insurance; we pro- CHARLES MCMILLAN, fact that there is such a tangle of legal vide a set of options other than bank- 2009 President. rights has been an obstacle. Bank- ruptcy to modify; and we remove legal ruptcy is the only way to cut through obstacles, to the extent we can con- FEBRUARY 24, 2009. that. And given the moderate way in stitutionally do so, to such voluntary DEAR MEMBER OF CONGRESS: On behalf of which bankruptcy has been put into modifications. But we then believe that the ACLI and its 340 member companies, I this bill, that adds to—let me put it in some cases, you will still need to go commend Congress and President Obama for this way, people are saying let’s have to bankruptcy to deal with these tan- considering different ways to mitigate the impact of foreclosures on homeowners. I am voluntary modification. But some gles that I mentioned, and we also be- particularly pleased that as the House moves modifications that are supported by al- lieve that the fact that there is a bank- forward with H.R. 1106, which includes new most everybody cannot go forward be- ruptcy looming will be an encourage- mortgage ‘‘cram down’’ authority for bank- cause of this. ment to negotiations. ruptcy courts, the effects on investors are Beyond that, this bill has some On both the lender’s and the bor- being taken into consideration. things that are widely supported. For rower’s side, we’ve heard complaints The policy rationale behind bankruptcy re- instance, the increase in the insurance that they have tried to communicate lief is laudable: providing a way for home- deposit limits is supported by the com- with the other. Some people say, ‘‘I owners in financial distress but with suffi- munity banks and the National Federa- cient means to remain in their homes. As the wrote to my lender. He didn’t answer.’’ bill recognizes, it is equally important to en- tion of Independent Business and al- Some lenders say, ‘‘I wrote to the bor- sure that there are no unintended negative most every other group. It does provide rower. She didn’t respond.’’ consequences on those who have invested in to the servicers to whom I just alluded One of the things that the Judiciary mortgage backed securities to the benefit of a protection that was a bipartisan pro- Committee did very well—and I think millions of American homeowners.

VerDate Nov 24 2008 03:41 Feb 27, 2009 Jkt 079060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\CR\FM\K26FE7.032 H26FEPT1 wwoods2 on PRODPC68 with HOUSE February 26, 2009 CONGRESSIONAL RECORD — HOUSE H2855 The life insurance industry provides mil- ing to the NFIB’s Research Foundation, a H.R. 1106 and to immediately approve this lions of Americans with the products that majority of small-business owners use two or timely and needed legislation. can help them attain financial and retire- more financial institutions to conduct their Sincerely, ment security. To maintain sufficient re- firms’ affairs. DAVID P. SLOANE, serves and surplus to meet obligations to America’s 26 million small businesses are Senior Vice President, policyholders, life insurance companies are facing the toughest economic climate in dec- Government Relations and Advocacy. required to invest in high quality financial ades. Raising FDIC deposit limits will ensure I reserve the balance of my time. instruments. For decades we have been the that small business owners can readily ac- Mr. BACHUS. Mr. Chairman, I yield 2 largest holder of corporate bonds in the U.S., cess their insured accounts, allowing them minutes to the gentleman from South and we also hold a significant amount of top to survive and compete in today’s chal- tier mortgage backed securities. That is why lenging economy. Carolina (Mr. BARRETT). language clarifying the new cram down law’s Thank you for your support of small busi- Mr. BARRETT of South Carolina. effect on investors is so important to this in- nesses, and we appreciate your leadership on Mr. Chairman, I rise in opposition to dustry. this issue. H.R. 1106 because I believe the bill is Without clarifying language, top tier mort- Sincerely, unwise, unproductive, and most of all, gage backed securities could be downgraded SUSAN ECKERLY, unfair. significantly, resulting in increased capital Senior Vice President, My heart goes out, Mr. Chairman, to requirements for life insurers and a need to Public Policy and Political. anyone facing foreclosure. It’s never raise additional capital in a hostile environment. An inability to raise capital could re- easy to hear the stories of families los- AARP, ing their homes. But allowing bank- sult in unwelcome downgrades for life insur- Washington, DC, February 25, 2009. ruptcy judges to modify mortgages is ers. Hon. NANCY PELOSI, This issue by itself is of extreme impor- Speaker, House of Representatives, The Capitol, not the right solution for our economy tance to life insurers. When coupled with the Washington, DC. or for our housing market. impact of other recent government actions, Hon. JOHN A. BOEHNER, b 1300 it could impair an otherwise strong and sta- Minority Leader, House of Representatives, The ble, but increasingly challenged, industry. Capitol, Washington, DC. The provisions in this bill allow For example, the $3.5 billion in bonds held by DEAR SPEAKER PELOSI AND REPRESENTA- bankruptcy judges to cram down prin- life insurers were virtually erased by the fire TIVE BOEHNER: On behalf of AARP and its 40 cipal in mortgages on primary resi- sale of WaMu to JP Morgan. Life insurers’ $1 million members, I am writing to reiterate dences, and it will have long-lasting billion in preferred stock was virtually wiped our strong support for legislation to permit adverse and unintended consequences out by the take-over of Fannie and Freddie. modification of home mortgages in bank- And we are tested daily by the SEC’s failure on our housing market. I offered an ruptcy as an option to help homeowners amendment that would take out these to adjust mark to market accounting. avoid foreclosure. Bankruptcy offers an ex- The cumulative impact of these actions on isting structure, and an impartial and trust- cramdown provisions, but unfortu- the life insurance industry could erode a vi- ed process that can help hundreds of thou- nately, Mr. Speaker, it wasn’t even al- tally important sector of the financial serv- sands of families save their homes, and do so lowed to come to the floor. ices industry. Our companies can weather at little cost to taxpayers. This legislation is unfair to Ameri- this economic storm, but only if lawmakers Over 1.5 million homes with subprime cans who have made difficult decisions recognize the consequences of their actions mortgages have already been lost to fore- on an industry that provides millions of to cut back their spending in order to closure. A December 2008 Credit Suisse re- Americans with financial protections they pay for their mortgages. By further port estimated that foreclosures of all types cannot obtain anywhere else. tightening the credit market, this bill That is why we endorse the inclusion of the of mortgages could exceed 8 million by the end of 2012 the equivalent of one foreclosure forces homebuyers to pay more for language in Section 124 of H.R. 1106. We be- their mortgages. lieve the inclusion of this language is a step for every 6 households with mortgages. Re- cent research by AARP found that Ameri- Allowing judges to rewrite mortgage in the right direction in avoiding negative, contracts will effectively increase the unintended consequences on investors who cans age 50 and older hold 41 percent of all are vital to this nation’s economic recovery. first mortgages and represent 28 percent of cost and reduce the availability of We look forward to working with the House all homeowners in delinquency or fore- credit to homebuyers. No matter how and Senate as this legislation moves forward closure. Clearly, millions of older home- narrow the mortgage cramdown provi- to make sure that all the ramifications are owners will face the loss of their homes, and sions are, allowing these mortgages to considered and properly addressed. much of their retirement assets, unless more be modified in bankruptcy courts will Sincerely, effective foreclosure relief can be provided. The foreclosure relief plan announced by create additional uncertainly in the FRANK KEATING, housing market. America needs cer- President & Chief Executive Officer, ACLI. President Obama last week includes support for judicial mortgage modification as part of tainty right now, Mr. Speaker, and this bill moves us in the wrong direction. NATIONAL FEDERATION a coordinated set of new initiatives to ad- OF INDEPENDENT BUSINESS, dress the foreclosure crisis. While these ini- I urge my colleagues to join me in Washington, DC, February 25, 2009. tiatives will benefit many distressed home- opposing H.R. 1106 to protect respon- Hon. BARNEY FRANK, owners, many others will not be assisted ei- sible homeowners. Chairman, Financial Services Committee, House ther because they are too deeply in debt to Mr. FRANK of Massachusetts. I yield benefit from loan refinancing, their loans ex- of Representatives, Washington, DC. 11⁄2 minutes to the gentleman from Or- ceed the GSE loan principal limits, or they Hon. SPENCER BACHUS, egon (Mr. BLUMENAUER). Ranking Member, Financial Services Committee, lose their jobs and have too little income to pay their mortgage. Court supervised loan Mr. BLUMENAUER. I appreciate the House of Representatives, Washington, DC. gentleman’s courtesy in permitting me DEAR CHAIRMAN FRANK AND RANKING MEM- modification thus becomes essential to the BER BACHUS: On behalf of the National Fed- success of the broader foreclosure relief plan, to speak on this just as I appreciate his eration of Independent Business, the nation’s serving both as an option of last resort for hard work and leadership. leading small business advocacy organiza- these families to save their homes and as an We hear our Republican friends from tion, I am writing in support of Section 204 incentive for servicers generally to offer the other side of the aisle who talk of H.R. 1106, which makes permanent the de- meaningful loan modifications outside of about their hearts going out to people posit insurance limits enacted as part of the court. across the country who are facing the Emergency Economic Stabilization Act of Legislation to allow for judicial modifica- tragedy of losing their homes. They tion of primary mortgages (H.R. 200) was ap- 2008. have their home mortgage under water, Specifically, we are pleased that H.R. 1106 proved last month by the Judiciary Com- permanently increases the FDIC insurance mittee and has been combined with other im- in circumstances beyond their control limits from $100,000 to $250,000, giving small portant measures to stabilize the housing in a system that has systematically de- businesses confidence that their business market and prevent foreclosures in H.R. 1106, stroyed the ability of people to be able banking assets are secure. It also provides the ‘‘Helping Families Save Their Homes Act to actually voluntarily deal with a more assurance for banks, especially com- of 2009.’’ modification of their loan as my friend, munity banks, that their customers will not This legislation offers a balanced approach the chairman, mentioned. This legisla- remove their money. to bankruptcy reform that will provide relief tion steps forward to restructure the Permanently expanding deposit insurance for many distressed homeowners while lim- coverage from $100,000 per account to $250,000 iting any adverse impact on the cost of fu- relationship, to be able to have the is critical for small businesses, many of ture mortgage credit. modification. But most importantly, it whom rely on bank deposits to meet payroll We urge the House to resist all weakening is the fastest, least expensive way to and finance other business activity. Accord- amendments to the bankruptcy sections of cut through the thicket of these issues.

VerDate Nov 24 2008 03:41 Feb 27, 2009 Jkt 079060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\CR\FM\A26FE7.025 H26FEPT1 wwoods2 on PRODPC68 with HOUSE H2856 CONGRESSIONAL RECORD — HOUSE February 26, 2009 Now, I hear people talking about that, long term, this private mortgage year loans now at 6 percent. And when cramdown provisions. It’s exactly the contract is essential. If we begin to people are contacted, we find that most same provision that Donald Trump is undo that contract, there isn’t any rea- of these don’t go into foreclosure. going to have the next time he goes son to believe that interest rates won’t That’s where the focus should be. bankrupt on his fourth vacation home. climb up commensurate with the kinds Mr. FRANK of Massachusetts. I will I’ve got a situation in my community, of interest rates that we see with re- yield myself such time as I may con- and it’s much worse on the gold coast spect to what you pay on your Visa sume because the gentleman from Cali- of Florida, or in Las Vegas, or in some card or Master Charge. fornia wants to talk about the history places in California, where we have The reality really is that Supreme and who pressured people into doing condominia, where there are people Court Justice John Paul Stevens was this. who bought three, four, five units as right some 15 years ago when he cited Yes, it’s true, there is a govern- investments. Then there is somebody that legislative history indicating that mental role here: it is a refusal to regu- who has the misfortune of just buying favorable treatment of residential late subprime loans. In 1994—and party it to live in. The investor, the specu- mortgages were intended to encourage is relevant—the last time before the lator can have the ‘‘cramdown’’ provi- the flow of capital into the home lend- previous Congress that the Democrats sion, he can have the terms modified, ing market. And his point was that, were in the majority, this Congress with the interest rate reduced, the bal- without that capital flow coming in passed a law directing the Federal Re- ance reduced, but the poor person who and pushing down interest rates, that serve to regulate home loans in the just is living in his or her home is long term we were going to face a con- subprime category that were issued by stuck. Doesn’t sound to me like their siderably higher interest on home everybody. Bank loans were regulated, hearts are going out to the people who mortgages for the next generation. nonbanks were not. Alan Greenspan, are in trouble. That’s not equitable. If Now, to those skeptics that have the Chairman of the Federal Reserve, we had had these provision in law be- been convinced this is a temporary so- refused to use the authority and ac- fore, we never would have securitized lution, I would just say that we should knowledged in testimony before the goofy loans and had this pyramid all remind ourselves that here in Wash- Committee on Government Reform scheme start in the first place. ington there is nothing more perma- late last year that he had refused to I salute the committee’s work; I’m nent than a temporary solution. These use it and that he was mistaken. proud to support it. It is going to make things have a way of becoming perma- So, part of the problem was, yes, a big difference, and everybody should nent, and that is what I’m concerned there was a lowering of standards be- vote for it. about. cause the Federal Reserve refused to Mr. BACHUS. Mr. Chairman, I yield I am also concerned that we haven’t impose them. And then, let me quote 11⁄2 minutes to the gentleman from Col- recognized the role we played in this. Mark Zandi, who had been an adviser orado (Mr. COFFMAN). And maybe, in terms of the good inten- to JOHN MCCAIN, is now an economist Mr. COFFMAN. Mr. Chairman, I rise tions of many of these Members who, of great repute—he was then, too, obvi- in opposition to H.R. 1106. frankly, if you look at the erosion of ously—who notes in his book on this The poison pill in this legislation is standards, once 20 percent was the crisis that in 2004, the Bush adminis- the cramdown provision. And the down payment for a house, then it went tration decided, as part of its strategy cramdown provision will create uncer- to zero. And one of the reasons it went of expanding homeownership, to push tainty in our credit markets at the to zero was because of political pres- for an increase here, including, in 2004, very time that we are trying to sta- sure, because of the perception that we the Bush administration ordered bilize our financial system. It will sig- would make homeownership more af- Fannie Mae and Freddie Mac to in- nificantly raise the cost of borrowing, fordable. One of the reasons Fannie crease the number of loans they gave not just for Americans who are trying Mae and Freddie Mac were allowed to to people below the median income. to refinance their homes, but for all fu- over-leverage was for this same reason. And I will put into the RECORD my ture American homeowners. It will sig- This is not the solution. quotation at the time from an article nificantly raise the cost of borrowing The CHAIR. The gentleman’s time put out by Bloomberg in which I ob- because it will create a risk premium has expired. jected to that. Secretary Jackson made that lenders will have to place on these Mr. BACHUS. I yield an additional them increase by 10 percent the num- loans, knowing full well that if the minute to the gentleman from Cali- ber of loans they had to give to people value of the property goes down, then fornia. below the median. And I said I thought they will take a loss. But the legisla- Mr. ROYCE. I thank the gentleman that would be bad for Fannie and tion also creates a fiction that if the for yielding me that time because this Freddie and bad for the borrowers be- value of the property rises, that the is not the solution. We are going to cause helping people borrow money lenders will be able to recover some of compound the problem. We are going to they can’t repay does them no good. those losses. put in motion here a reticence on the And there was then an effort to try to This cramdown provision is wrong for part of those who loan. And once the get legislation passed to do what the restoring our credit markets and it is principal amount is reduced in these Federal Reserve refused to do under wrong for the millions of future home- loans, once people know that they can Mr. Greenspan, regulate subprime owners across this country who will be go through the process of bankruptcy, loans. But the Republican leadership of forced to pay more for those who will they will be more hesitant to work the House at the time said we don’t be able to use our court system to pay through the process that Treasury has want to do this. less. set up with this Hope Now Alliance. There was also concern about Fannie I would encourage a ‘‘no’’ vote on There’s 2.3 million loans last year that Mae and Freddie Mac. And in 2005, I, as this legislation. were reworked with lower interest the ranking minority member of the Mr. BACHUS. At this time, Mr. rates. And if you think about it, it’s in Committee on Financial Services, Chairman, I yield 2 minutes to the gen- the borrower’s interest and it’s also in joined the chairman, a former col- tleman from California (Mr. ROYCE). the lender’s interest to sit down and do league, Mr. Oxley, in supporting a bill Mr. ROYCE. Mr. Chairman, I think I these reworks. That’s where our focus out of our committee to tighten the want to comment here on the marked should be. regulation of Fannie Mae and Freddie difference that I’ve seen between the We should be encouraging those vol- Mac. I later was opposed to what was sanctity of the mortgage contract in untary arrangements. We should be done in the Rules Committee to weak- the United States and what I’ve seen bringing resources to bear, to contact en a housing provision, but I wanted around the world. homeowners that are having trouble the bill to go forward. And, in fact, Hernando de Soto, the Peruvian right now making those payments and that bill went to the Senate with a economist, touches on this in his book, remind them that instead of filing for large majority. I opposed it on the ‘‘The Mystery of Capital: Why Cap- foreclosure, if they get in touch with a housing ground, but I was for the regu- italism Succeeds in the West and Fails lending institution, you can volun- latory part. The Bush administration Everywhere Else.’’ And his point is tarily right now run those out to 30- rejected it. Then Secretary of the

VerDate Nov 24 2008 02:14 Feb 27, 2009 Jkt 079060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\CR\FM\K26FE7.035 H26FEPT1 wwoods2 on PRODPC68 with HOUSE February 26, 2009 CONGRESSIONAL RECORD — HOUSE H2857 Treasury Snow said he thought the modification is a good thing. But with Jackson said his critics should withhold President was wrong. Mr. Oxley said he the servicer-investor conundrum and judgment until after Jan. 1. ‘‘I don’t see how was very disappointed that the admin- with second mortgages, even almost people can say something is not going to istration wouldn’t go forward. entirely voluntary agreements to mod- work when we have not had a chance to implement it.’’ In any case, the Republican-con- ify cannot go forward without bank- trolled Senate refused to take the bill ruptcy. A SARBOX FOR HOUSING—HOW TO RESTRICT up. So from 1995 until 2006, under Re- FANNIE, FREDDIE TO SUFFER UNDER NEW LENDING TO THE POOR FOR YEARS TO COME publican control of the Congress, no RULE, FRANK SAYS Throughout the 1980s and ’90s, Congress bill was passed to regulate Fannie Mae (By James Tyson) prodded, even strong-armed, banks into mak- and Freddie Mac better, and nothing June 17 (Bloomberg)—Fannie Mae and ing more mortgage loans to low-income and was done to restrain inappropriate Freddie Mac would suffer financially under a minority families. Washington enacted anti- subprime mortgages. Bush administration requirement that they discrimination and community lending laws In 2007, the Democrats returned to channel more mortgage financing to people with penalties against lenders for failing to the majority. Within 4 months, the with low incomes, said the senior Democrat issue riskier mortgages to homebuyers living on a congressional panel that sets regula- Committee on Financial Services had in poor neighborhoods or with low down pay- tions for the companies. ments and subpar credit ratings. And so it reported on exactly the bill that the The new rule compels the companies to put was that the modern subprime mortgage Bush administration wanted under Sec- 57 percent of their mortgage financing by market was born. retary Paulson to tight the regulation 2008 toward homes for people with incomes Now, and for a variety of reasons, some of Fannie Mae and Freddie Mac. There no greater than area median income. Fannie two million of those loans have gone sour, was an organization called FM Watch Mae and Freddie, the two largest U.S. mort- and the same politicians are searching for gage finance companies, must currently that existed to try to tighten regula- villains. Leading the charge is House Finan- meet a 50 percent threshold. cial Services Chairman Barney Frank, who is tion of Fannie Mae and Freddie Mac, The White House ‘‘could do some harm if accusing banks of ‘‘predatory lending’’—by and they have been quoted as saying, you don’t refine the goals,’’ said Representa- which he means making loans to the very tive Barney Frank, a member from Massa- after the House acted, ‘‘Well, we finally group of borrowers that Mr. Frank and his chusetts on the House Financial Services got what we wanted.’’ That was in 2007. colleagues urged banks to serve. Committee. Frank’s comments echo con- So, yes, I regret the fact that in 2005 As early as today, Mr. Frank plans to hold cerns of executives at the government-char- there was an intra-Republican split be- a committee vote on his Mortgage Reform tered companies that the new goals will un- tween Mr. Oxley and the President, and Anti-Predatory Lending Act of 2007, dermine profits and put new homeowners with the Secretary of Treasury on Mr. into dwellings they can’t afford. ‘‘At their which would impose new rules and financial Oxley’s side and Senator SHELBY on the outer edges they become counter- penalties on subprime lenders, while pro- President’s side, and we got no bill. We productive—there are not loans to make that viding new lawsuit opportunities for dis- got it through the House in 2007. It was will get repaid,’’ Freddie Mac Chief Execu- tressed borrowers. ‘‘People should not be tive Richard Syron said Monday in an inter- lent money that’s beyond what they can be then delayed in the Senate, unfortu- expected to pay back,’’ Mr. Frank says. Now, nately. In 2008, I asked the Secretary of view, referring to the new financing rule. Frank said the administration is aiming to there’s an idea. Why didn’t the bankers the Treasury to put it into the stim- reduce the role of the two companies in think of that? ulus, the tough regulation of Fannie mortgage financing, and has seized on the Mr. Frank’s proposal is a trial lawyer’s Mae and Freddie Mac. He couldn’t do higher goals ‘‘as a useful stick by which to dream. It would forbid banks from signing up that at the time. We got it, but we got beat Fannie arid Freddie.’’ borrowers for ‘‘overly expensive loans’’; require banks to make sure that the consumer it too late. But we got it too late be- HUD DEFENDS RULE cause 12 years of Republican rule went has a ‘‘reasonable ability to repay the loan’’; Alphonso Jackson, secretary of Housing and insist that loans must be ‘‘solely in the by and no bill became law. and Urban Development, said the Bush ad- best interest of the consumer.’’ This kind of Then we had subprime. When we were ministration has no hidden motives in seek- murky language would invite litigation from unable to pass a subprime bill in 2005 ing to raise the percentage of financing for every borrower who misses a payment. If it because the Republican leadership said low-income homeowners. becomes law we can expect to see billboards ‘‘There is no administration more sup- no, we, in 2007, brought out a subprime reading: ‘‘Behind on your mortgage? For re- portive of Fannie and Freddie than we are,’’ lief, call 1–800–Sue–Your–Banker.’’ bill. It passed this House. It was a bill Jackson said today in interview. ‘‘We are Also for the first time, banks that to restrict inappropriate subprime just actualizing what should have been done securitize mortgages would be made ‘‘explic- loans. It was attacked by the Wall years ago.’’ An agency within HUD, the Of- itly liable for violations of lending laws.’’ Street Journal—I’ll put the editorial in fice of Federal Housing Enterprise Oversight, This is a version of secondary liability that regulates Fannie Mae and Freddie Mac, there—it said it was ‘‘Sarbanes-Oxley holds the bundlers and resellers of mortgages which own or guarantee about half the $7.3 for housing,’’ that we would be depriv- responsible for the sins of the original lending people of the chance to buy trillion U.S. mortgage market. The housing guidelines, subject to a public ers. The reselling of mortgages has been a homes—yeah, people who shouldn’t comment period that ends on July 2, would boon both to housing liquidity and risk di- have had that chance. Once again, that become law Jan. 1. Referring to both the versification. So to the extent the Frank bill was held up in the Senate. But to his White House plans and the coming presi- adds a new risk element to securitizing credit, Chairman Bernanke, a Bush ap- dential election, Frank said, ‘‘nothing can subprime loans—and it surely will—the main pointee, used precisely the authority stop them except a change in November.’’ He losers will be subprime borrowers who will spoke at a news conference sponsored by the pay higher rates if they can get a loan at all. that Alan Greenspan refused to use No one disputes that there were lending ex- from 1994, from that statute, and im- presidential campaign of Senator John Kerry of Massachusetts. cesses during this decade’s housing revels. posed strict restrictions on bad Frank and housing industry representa- The Federal Reserve’s easy money policy subprime loans. tives such as Jerry Howard, chief executive created a subsidy for debt and fed an asset I think we will go further. And I ex- of the National Association of Homebuilders, bubble that made borrowers and lenders pect the Committee on Financial Serv- say the White House rules fail to focus fi- alike think prices would rise forever. If com- ices once again to bring out the bill to nancing on multifamily housing and other panies or individuals committed fraud, they restrict inappropriate subprime loans. market segments. The regulations also don’t should be punished. Meanwhile, federal regu- address a decline in refinancing and other lators have been rewriting rules to outlaw And I will look for that energy that the most abusive practices, such as onerous I’ve heard from time to time expressed market changes, they said. ‘‘We don’t see how these goals in any way prepayment penalties and disguised balloon by some of my Republican colleagues put Fannie Mae and Freddie Mac into spe- interest payments. about keeping people from being put cific types of affordable housing,’’ Howard But for all the demonizing, about 80% of into homes they shouldn’t have. Be- said. even subprime loans are being repaid on time cause last time it was a more partisan The association, which represents Centex and another 10% are only 30 days behind. fight than it should have been, al- Corp., Toll Brothers Inc. and about 215,000 Most of these new homeowners are low-in- though the ranking member, who has a other companies in the housing industry, come families, often minorities, who would otherwise not have qualified for a mortgage. very good history of being concerned plans to ask for a 60-day extension of the public comment period, Howard said. In the name of consumer protection, Mr. about this, did join us in voting for the Referring to the housing goals and the two Frank’s legislation will ensure that far fewer bill. companies, Frank said, we want to push of these loans are issued in the future. The only other thing I would say is them further, but it doesn’t make sense to All of this would also hit banks when they this—and I would agree that voluntary push them in an undifferentiated way.’’ and their shareholders are already being

VerDate Nov 24 2008 03:41 Feb 27, 2009 Jkt 079060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\CR\FM\K26FE7.037 H26FEPT1 wwoods2 on PRODPC68 with HOUSE H2858 CONGRESSIONAL RECORD — HOUSE February 26, 2009 punished in the marketplace. The stock val- minutes remaining and the gentleman I heard from one of my constituents ues of financial companies have taken a from Massachusetts has 21⁄2 minutes re- about this very subject. I heard from beating and executives are losing their jobs. maining. Theresa Steele in Mesquite, Texas, and Lenders are fleeing the subprime market, Mr. FRANK of Massachusetts. Mr. and the pendulum has swung to the opposite she wrote me: ‘‘Congressman, I had to extreme as banks have tightened credit, Chairman, I will now yield 1 minute to put off purchasing a home because of which is contributing to the mortgage melt- the gentleman from Pennsylvania (Mr. medical expenses that my family had down. KANJORSKI). to deal with. While paying these med- The latest housing data indicate that new Mr. KANJORSKI. I want to thank my ical expenses, I was able to pay rent on home sales are down 23% from a year ago, chairman for allowing me this time. a house. But it’s really frustrating. with the biggest retrenchment in the Mr. Chairman, let me say I want to You cannot get a break because our subprime market. The volume of subprime rise in favor of the Helping Families securities was down a whopping 70% to $15 taxes keep going up along with the cost Save Their Homes Act. I have two par- of groceries and gas, et cetera, and it billion in the third quarter from $62 billion ticular areas that I am particularly in- one year ago. Originations of the controver- seems no matter what you do, you can- sial subprime ARMs are down by 50% so far terested in. One was the provision that not get ahead when others are out this year compared to 2006. Mr. Frank’s bill allows a reconstitution and protection there throwing caution to the wind and couldn’t come at a worse time, as it will fur- or hold harmless for those who do mod- seem able to have my tax dollars bail ther shrink credit to marginal borrowers, ify mortgages. And Mr. CASTLE and I them out. It doesn’t seem right to me.’’ which will mean fewer buyers and extend the worked on that provision in the last Well, Mr. Chairman, if Theresa housing downturn. Congress, and substantially the same Steele was here, I would say it doesn’t The Frank bill is essentially a Sarbanes- type of provision has been included in Oxley for housing, an attempt to punish seem right to me either. To increase this bill. It benefits everyone other business in general for the excesses of an un- her taxes to pay for somebody else’s scrupulous few and the perverse incentives than those cranky few investors who have the weakest part of the tranches mistake is patently unfair, will not created by Washington policy. help our economy. You cannot tax and Mr. Chairman, I reserve the balance of the securitized mortgages who would like to stop those actions from being borrow your way back into prosperity. of my time. Mr. FRANK of Massachusetts. Mr. Mr. BACHUS. Mr. Chairman, I yield 2 taken. But even most investors favor it Chairman, in the absence of any cor- minutes to the gentlelady from Illinois and certainly the mortgage holder and rection, I have only one speaker left; so (Mrs. BIGGERT). the mortgage maker favor it. So I hope Mrs. BIGGERT. Mr. Chairman, I rise that provision will become law. I will reserve the balance of my time. today in opposition to this bill and to And, finally, we also included in this Mr. BACHUS. Mr. Chairman, I yield 1 express my sincere disappointment in package the provision that allows the 1 ⁄2 minutes to the gentleman from the way it has come to the floor. Federal Credit Union Act to be amend- Georgia (Mr. KINGSTON). Yesterday, I brought to the Rules ed to allow a 5-year period of payment Mr. KINGSTON. I thank the gen- Committee two simple, straightforward to rebuild the deposit insurance re- tleman for yielding. amendments that would have made serves of the Federal Credit Union. And I certainly applaud the committee this a much better bill. They would as we all know, with these hard times for trying to do something about this have ensured that taxpayers are pro- and circumstances, the credit unions problem, but I’m afraid that this is not tected from others making unfair prof- need the same help to rebuild their de- the right solution. It actually seeks to its on their dime. They would also pre- posit reserves. help a few at the cost of all home- vent flippers, speculators, illegals and So, Mr. Chairman, I urge my col- owners. criminals from taking advantage of a leagues to support this bill. First of all, the government seems to program that should be aimed at wor- Mr. BACHUS. Mr. Chairman, I yield 2 be very content these days picking thy borrowers who are struggling to minutes to the gentleman from Texas winners and losers. But I don’t under- (Mr. HENSARLING). keep their homes. stand if Mr. BACHUS is paying his mort- Mr. HENSARLING. I thank the gen- The first amendment I offered re- gage and I’m not, why am I nec- tleman for yielding. quired that taxpayer-funded mortgage essarily, just because of that, deserving assistance not go to those who mis- Mr. Chairman, to state the obvious, everybody in this economy is hurting. to renegotiate the contract? What is it stated their income to get a mortgage, that the Federal bankruptcy judge will aren’t even living in the residence, I’ve got personal friends of mine who never thought they would lose their know about me which will make me were convicted of financial fraud, or have the insider advantage over my aren’t in the country legally and per- jobs who have lost their jobs. But when we look at this piece of leg- friend from Alabama? It doesn’t make manently. islation, you have to ask the question sense. The judge will have to decide, The second amendment is that tax- well, was I laid off because of some- payers get paid back first. It required who are you helping, why are you helping, and whom are you hurting to help thing that I did? Did I bite off more that those who profit from selling a than I should have chosen, because of property that benefited from taxpayer the other people? We need to remember, Mr. Chairman, that, first, 94 per- my irresponsibility, because of the support pay back some of the money lender’s irresponsibility? I think the through an added capital gains tax. cent of all America still is either rent- ing their home, they own it outright, precedent of this is extremely scary. b 1315 or they’re current on their mortgage. And why only contracts that involve Why should the 93 to 95 percent of Now, I want to make sure that we real estate? What about other con- Americans who are paying their mort- help those who through no fault of tracts that people get involved with in gages on time have to foot the bill for their own are finding themselves in ar- terms of debt? others to make a profit on their real rears. I want to help the person who The fact of this is it’s going to also estate? It’s not fair to my constituents lost their job or through some debili- not just put the government in a posi- who acted responsibly, have worked tating disease can’t keep up with their tion of picking winners and losers, but hard, saved, and took loans they knew mortgage. it’s going to put more uncertainty in that they could afford. But, Mr. Chairman, mortgage fraud the market. And right now, as I talk to Mr. Chair, these sound to me like has ran rampant for the last 2 years. Realtors and bankers and investors, principles that we can all agree on, and There were people out there who specu- what this market needs on Main Street yet the majority in the Rules Com- lated in real estate. There were people and Wall Street is knowledge of rules. mittee has refused to allow Members of who turned their homes into personal Rules that govern, regulatory prac- the full House to vote on these com- ATM machines. There are people who tices, whatever they are, if they’re here monsense amendments. I don’t think could have made sacrifices and now or if they’re here, what Wall Street and that’s what the American people want, they expect their neighbor to make the the investment community needs to and I would urge my colleagues to op- sacrifice. Mr. Chairman, it’s just pat- know is what are the rules? We will ad- pose this bill. ently unfair when you’re struggling to just to them. But here we go one more The CHAIR. The Chair will note that pay your mortgage to be forced to pay time increasing uncertainty by chang- the gentleman from Alabama has 71⁄2 your neighbor’s as well. ing the rules.

VerDate Nov 24 2008 03:41 Feb 27, 2009 Jkt 079060 PO 00000 Frm 00022 Fmt 7634 Sfmt 9920 E:\CR\FM\A26FE7.017 H26FEPT1 wwoods2 on PRODPC68 with HOUSE February 26, 2009 CONGRESSIONAL RECORD — HOUSE H2859 Mr. Chair, the Helping Families Save Their payments from mortgages and forward them $729,750 are eligible for the initiative, meaning Homes Act (H.R. 1106) would allow bank- (after fees) to the owners of the mortgages. that the well-to-do will receive more financial ruptcy judges to reduce the principal owed on As the main contact with homeowners, mort- benefits than those of modest means. And as a mortgage, a practice often referred to as a gage servicers should be able to refinance or analysts at one nationwide financial firm ‘‘cramdown.’’ Judges would also be able to re- alter mortgages in order to ensure that the noted, ‘‘The modifications would go dispropor- duce interest rates or lengthen the term of the owners get the best possible return, but many tionately to borrowers who overstretched and mortgage. This will help only a few people fear that unhappy mortgage owners would sue who lied about their income.’’ This moral haz- while raising the cost of borrowing for thou- them. The legislation provides these servicers ard sends a clear message to the American sands of moderate-income and first-time with a safe harbor so long as they act within people: The worse the behavior, the greater homebuyers. certain specified boundaries. This is a needed the reward. Although supporters claim that this is a lim- change. Under this Stability Initiative, borrowers with ited provision that applies only to existing Making $250,000 FDIC and MCUA deposit a ratio of mortgage debt service to income mortgages, the cramdown language can easily insurance levels permanent: Last fall, Con- greater than 31 percent can have their mort- be amended to make it permanent at a later gress increased deposit insurance coverage gage interest rate reduced to as little as 2 per- date—which would then be priced into future by FDIC and NCUA to $250,000 until Decem- cent if that is what it takes to achieve the 31 mortgages. In addition, the House bill lacks ber 2009. This bill makes that change perma- percent ratio-with government paying half the many of the targeted limitations designed to nent and also increases the agencies’ bor- subsidy and the investor/lender surrendering make sure that bankruptcy is a last resort. It rowing authority to cover their losses. Bor- the other half. If this concession is insufficient even weakens language passed earlier by the rowing authority is used only if the deposit in- to reach 31 percent. Eligible borrowers may House Judiciary Committee that was designed surance fund runs out. This is a useful change also have loans that are as much as 50 per- to keep those who filed fraudulent mortgage but unlikely to be needed. cent greater than the value of the house. applications from taking advantage of Keeping predatory lenders from taking ad- It is also unlikely that, under the Stability Ini- cramdowns. vantage of FHA programs: Section 203 of tiative, borrowers with a ratio of debt service H.R. 1106 does contain two important provi- H.R. 1106 makes it easier for HUD and the payment to income as high as 55 percent— sions to correct flaws in the housing bailout FHA to prevent predatory lenders from under- because of combined mortgage, credit card, plan passed last year. writing FHA-guaranteed home loans. This is a and automobile debt—will be eligible to re- Problems with Cramdowns: Allowing bank- needed reform. ceive temporary payment reductions if they ruptcy judges to modify mortgages would raise Trying to fix the Hope for Homeowners pro- merely agree to HUD-approved counseling. mortgage costs for everyone and even more gram: Last summer, Congress created Hope Such borrowers may then be eligible for per- for first time homebuyers. Cramdowns would for Homeowners, an FHA-based program that manent payment reductions. This reduction add additional risk that mortgages will not be it originally. FHA claimed the program which is scheme will be disclosed in rules that the Ad- repaid as the contract requires. Lenders must run jointly with Treasury, would help up to 2 ministration has announced it will release on charge for that added risk, and experts esti- million homeowners. To date, according to the March 4. mate that the additional costs would raise FHA, it has actually helped about 500. The Because the investor/lenders will be respon- mortgage rates by as much as two full per- legislation makes a number of changes that sible for a portion of the mortgage rate reduc- centage points or substantially increase re- will make it more attractive to homeowners, tion, this program will deter private sector in- quired down payments. This increase would raise the cost of it by $2.3 billion, but is un- vestment in all but the best mortgages. Com- apply to every mortgage applicant in order to likely to otherwise improve it. bined with the proposed ‘‘cramdown’’ bank- ensure that the entire pool of mortgages re- Making the Problem Worse: Mortgage ruptcy proposals, the net effect will be to remains profitable upon resale to the secondary cramdowns would further destabilize an al- quire a substantial and permanent federal market. ready damaged housing market while increas- presence in the housing finance market to ac- Mortgage companies would greatly expand ing mortgage costs for future borrowers. The commodate those many potential borrowers ‘‘risk based pricing’’ of individual mortgages as useful changes it makes are necessary but in who are not highly qualified. well. These added costs would fall hardest on no way overcome the downsides associated The plan also includes a formal endorse- moderate-income and first-time homebuyers, with the passage of this legislation. ment by the President of a bankruptcy provi- who have a higher risk of defaulting on a ANALYSIS OF THE HOMEOWNER AFFORDABILITY AND sion that allows judges to alter the terms of mortgage. This will price many families out of STABILITY PLAN certain mortgages. This provision will increase the housing market. Two of the bill’s three key components are the risk to lenders of all mortgages. The indus- Further undermine the value of mortgage- designed to provide subsidies and benefits pri- try is already treating this as a permanent backed securities: Banks and other investors marily to homeowners who, while still current measure. Increased risk requires higher costs are already facing heavy losses not only be- in their payments, may not be able to take ad- to compensate lenders, and either down pay- cause mortgage-backed securities have lost vantage of attractive refinancing opportunities ments or interest rates would have to rise, much of their value but because of uncertain- at lower interest rates because the value of while potential borrowers with checkered credit ties about whether the mortgages will be paid. their home has declined beyond the loan-to- histories would be denied access to credit. The language in H.R. 1106 increases this un- value ratio permitted by rules governing mort- However, these costs would not rise evenly for certainty. Investors will be at risk of both fore- gage investments made by Fannie Mae and all borrowers: Higher-risk borrowers (first-time closure and cramdowns that reduce the earn- Freddie Mac. The second such provision of buyers and moderate-income workers) would ings of these securities. Many cramdown mort- the plan would provide taxpayer and investor see costs rise more and have fewer opportuni- gages will later go into foreclosure. Since in- subsidies to mortgage borrowers who have ties to buy a house. vestors have no idea what this new provision taken on more debt than they could safely Anticipating such criticisms, the proposal will do to the value of their securities, prices manage, including, in some cases, credit card contends that it will ‘‘seek careful changes to will drop further. and automobile debt. The third component of personal bankruptcy provisions.’’ However, be- Fail to help many homeowners: Only one- the plan encourages the enactment of legisla- cause any changes in bankruptcy law must be third of all Chapter 13 fliers completes the tion allowing bankruptcy judges to alter the passed in legislation, this outcome may merely process successfully and gets the fresh start terms of certain mortgage loans, a practice be wishful thinking. As the President wants to that bankruptcy promises. The other two-thirds that to date has been prohibited by federal make sure that ‘‘millionaire homes don’t clog ‘‘pay court fees, pay attorney’s fees, pay fees law. bankruptcy courts,’’ mortgages eligible for judi- to the bankruptcy trustee, invest time and The legislation suffers from 12 specific cial ‘‘cramdown’’ cannot exceed $729,750 in money to restructure their financial affairs, and weaknesses and risks: The plan’s Stability Ini- value. Moreover, the most recent version of then wind up with nothing more than tem- tiative bestows new and costly benefits on the legislation weakens language adopted ear- porary relief. In fact, one third of chapter 13 fil- those who took on more debt than they could lier by the House Judiciary Committee to pre- ers go on to file for bankruptcy again. handle, including credit cards, automobile vent borrowers who committed fraud in their Other Provisions in H.R. 1102: The Helping loans, and mortgages (including refinancing mortgage application from taking advantage of Families Save Their Homes Act also contains and seconds). Worse, the value of the benefits cramdown. a mixture of other housing and financial provi- will vary in direct proportion to the degree of The plan’s Refinancing Initiative creates a sions. These include: borrower financial irresponsibility and the in- new right for American borrowers now current Liability waivers for mortgage servicers that tensity of community land regulations. Home- in their mortgage payments; the right to refi- modify mortgages: Mortgage servicers receive owners with a first mortgage as large as nance their home at a lower interest rate even

VerDate Nov 24 2008 03:41 Feb 27, 2009 Jkt 079060 PO 00000 Frm 00023 Fmt 7634 Sfmt 9920 E:\CR\FM\A26FE7.027 H26FEPT1 wwoods2 on PRODPC68 with HOUSE H2860 CONGRESSIONAL RECORD — HOUSE February 26, 2009 if the quality of the loan—as measured by the President and/or Congress wish to pursue. These are terrible economic times. loan-to-value ratio—would otherwise pose a And with the plan’s many provisions discour- All taxpayers are under risk. Many risk to the lender. As such, this proposal es- aging the private sector from getting involved taxpayers are facing loss of their job. tablishes the act of being highly leveraged or in mortgage finance, this plan substantially ad- At a time like this, an uncertain time slightly ‘‘underwater’’ (the amount that a bor- vances the de facto nationalization of Amer- like this, to further expose the tax- rower owes on his or her mortgage is more ica’s housing finance system for all but the payers of this country, the American than the value of the house) as a legitimate ‘‘jumbo’’ mortgages that exceed conforming families we represent, to another half reason to default, and as a policy problem limits. trillion dollars’ worth of exposure is worthy of taxpayer support and federal inter- Mr. FRANK of Massachusetts. Mr. not something that I’m willing to do. vention. The creators of this new right fail to Chairman, I yield myself 10 seconds. I am willing, and I have said many recognize that many other consumer credit The gentleman from Georgia asked times I was willing, to endorse the markets operate comfortably, successfully, about what other contracts. This is Kanjorski-Castle provision, which and safely despite the fact that many bor- precisely the bill to make this like would allow servicers with lenders and rowers are underwater the minute they sign other contracts. Everything else can be borrowers to work out terms, and I ap- the contract—notably home improvements, declared void in bankruptcy. So the plaud that provision in the bill. Strip mobile homes, automobiles, RVs, and gentleman has it absolutely back- out this $23,000 per-loan program and HDTV’s. Though those borrowers do expect to wards. This doesn’t create an exception we will all go down and vote for Castle- be ‘‘underwater’’ for these kinds of purchases, to general contract law. It amends one Kanjorski. it raises the question of whether future legisla- and makes this on the same footing as, And let me say this: we have had one tion will extend this concession to car loans quoting the gentleman, all other con- too many bailouts. We don’t need an- and credit card debt, which are also experi- tracts. other one. It’s time that we started encing significant levels of default. Mr. BACHUS. Mr. Chairman, I yield watching out for the taxpayer and help Only borrowers with loans held or repack- myself such time as I may consume. borrowers without submitting the bill aged by the federally controlled and sub- Mr. Chairman, I would like to intro- to hardworking Americans. sidized Fannie Mae and Freddie Mac will be duce into the RECORD an article from [From the New York Times, Sept. 30, 1999] eligible to exercise this new right to refinance. the New York Times, dated September FANNIE MAE EASES CREDIT TO AID MORTGAGE Borrowers whose loans are held by private in- 30, 1999, and here’s what it says: LENDING vestors are denied this right, further distorting ‘‘Fannie Mae, the Nation’s biggest (By Steven A. Holmes) the housing markets with government-selected underwriter of home mortgages, has In a move that could help increase home winners and losers. been under increasing pressure from ownership rates among minorities and low- To date, the several, federal loan modifica- the Clinton administration to expand income consumers, the Fannie Mae Corpora- tion programs that have been put in place mortgage loans among low and mod- tion is easing the credit requirements on have had very limited success, and the rate of erate income people . . . ’’ loans that it will purchase from banks and failures exceeds that of successes, especially And then they quote Franklin other lenders. Raines: ‘‘Fannie Mae has expanded The action, which will begin as a pilot pro- for loans where one or more payments have gram involving 24 banks in 15 markets—in- been missed. For loans that were four months home ownership for millions of fami- cluding the New York metropolitan region— past due at time of modification, the recidivism lies in the 1990s by reducing down pay- will encourage those banks to extend home rate is 80 percent after 12 months. For loans ment requirements. Yet there remains mortgages to individuals whose credit is gen- one month past due, the recidivism rate after too many borrowers whose credit is erally not good enough to qualify for conven- 12 months is 60 percent. With the nationwide just below what our underwriting has tional loans. Fannie Mae officials say they decline in house prices accelerating in recent required and who have been relegated hope to make it a nationwide program by months, the risk of recidivism under the new to paying significantly higher mort- next spring. gage rates . . .’’ Fannie Mae, the nation’s biggest under- program could remain at high levels. writer of home mortgages, has been under in- The program will cost $275 billion ($75 bil- Well, I think we know the rest was creasing pressure from the Clinton Adminis- lion for problem mortgages and $200 billion for history. They lowered their standards, tration to expand mortgage loans among low Fannie Mae and Freddie Mac). they moved into this new risky form of and moderate income people and felt pres- Obama’s plan will take a great deal of time lending, and then last July the Amer- sure from stock holders to maintain its phe- to implement. A recent MarketWatch.com arti- ican people were submitted the bill, nomenal growth in profits. cles notes that loan refinancing applications and that bill was a half trillion dollars, In addition, banks, thrift institutions and are up 47 percent at a time when a substantial and every day we’re adding billions of mortgage companies have been pressing dollars to that tab. And there were peo- Fannie Mae to help them make more loans portion of the loan originating infrastructure to so-called subprime borrowers. These bor- has disappeared due to bankruptcy and bank ple at that time who warned that it rowers whose incomes, credit ratings and consolidation. The prospect that a shrunken was risky and who warned that ulti- savings are not good enough to qualify for mortgage lending system could expeditiously mately the taxpayers may have to step conventional loans, can only get loans from accommodate the 7–9 million borrowers ex- in and bail out Freddie and Fannie. finance companies that charge much higher pected by the Obama plan is wishful thinking. Now today we are being asked to adopt interest rates—anywhere from three to four The result will be long waits for refinancing legislation, the HOPE for Homeowners percentage points higher than conventional that will come too late for some borrowers and Program, which would require FHA to loans. ‘‘Fannie Mae has expanded home owner- may also crowd out efforts by unsubsidized insure loans with a greater risk of de- ship for millions of families in the 1990s by borrowers to refinance due to the generous fi- fault and require a higher per loan tax- reducing down payment requirements,’’ said nancial incentives offered to servicers partici- payer subsidy. Franklin D. Raines, Fannie Mae’s chairman pating in the new federal program. In fact, the Congressional Budget Of- and chief executive officer. ‘‘Yet there re- Perhaps the most troubling part of the plan fice says that this program is going to main too many borrowers whose credit is is the increased reliance being placed on the help 25,000 borrowers, but it’s going to just a notch below what our underwriting now federally controlled Fannie Mae and cost up to $579 billion. Now, coupled has required who have been relegated to pay- Freddie Mac, whose tax and corrupt behavior with the new projection that the HOPE ing significantly higher mortgage rates in the so-call subprime market.’’ over the past decade was an important con- for Homeowners is going to only help Demographic information on these bor- tributing factor to the present economic crisis. 25,000 borrowers, that’s $23,000 per borrowers is sketchy. But at least one study in- Although nominally privately owned, both are rower that you’re going to ask the dicates that 18 percent of the loans in the now run by the U.S. Treasury, whose massive American people to pay or expose them subprime market went to black borrowers, holdings of preferred shares in both give it a to that risk. compared to 5 percent of loans in the conven- huge implicit ownership stake. As is clear from I’m going to give you the same warn- tional loan market. the refinancing plan—which will reduce ing that was given in 1999. It’s the tax- In moving, even tentatively, into this new payer that’s going to have to take up area of lending, Fannie Mae is taking on sig- Fannie’s and Freddie’s earnings and thus nificantly more risk, which may not pose weaken them further—the two have become the cost of this subsidy and this risk. any difficulties during flush economic times. little more than the federal government’s cap- And for that reason, I am not willing But the government-subsidized corporation tive mortgage financing banks to be used at to burden the taxpayer with another may run into trouble in an economic down- will for any housing policy initiatives that the dollar. turn, prompting a government rescue similar

VerDate Nov 24 2008 03:41 Feb 27, 2009 Jkt 079060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\CR\FM\A26FE7.029 H26FEPT1 wwoods2 on PRODPC68 with HOUSE February 26, 2009 CONGRESSIONAL RECORD — HOUSE H2861 to that of the savings and loan industry in The CHAIR. The gentleman from for a safe harbor to mortgage servicers that the 1980s. Massachusetts has 80 seconds remain- elect to participate in mortgage modifications ‘‘From the perspective of many people, in- ing. cluding me, this is another thrift industry will help stem the tide of foreclosures sweep- growing up around us,’’ said Peter Wallison a Mr. FRANK of Massachusetts. Mr. ing across the country. The bill’s provision to resident fellow at the American Enterprise Chairman, I yield the balance of my make permanent the increase in Federal de- Institute. ‘‘If they fail, the government will time to one of the leaders in the effort posit insurance from $100,000 to $250,000 will have to step up and bail them out the way it to preserve homeownership for deserv- give Americans greater faith in the safety of stepped up and bailed out the thrift indus- ing people in America and the fight their savings at a time of continued bank fail- try.’’ against abuses, the gentlewoman from ures. Mr. Chair, there are elements in this legisla- California (Ms. WATERS). Nevertheless, I am troubled by the broad tion that I support, such as permanently in- Ms. WATERS. Mr. Chairman and authority afforded to bankruptcy judges in Title creasing deposit insurance coverage limits to Members, I am so pleased to stand here I of H.R. 1106 to modify the terms of a loan $250,000 that will strengthen our banking sys- today in support of H.R. 1106, the Help- for primary residences. It is my view that this tem and help avoid destabilizing bank runs. ing Families Save Their Homes Act of authority should be limited to apply only to The Kanjorski-Castle language, providing a 2009. those homeowners subject to the ill effects of safe harbor for mortgage servicers, is a timely I work on both of these committees, deceptive lending practices that gave rise to and targeted solution that encourages loan the Financial Services Committee, the the recent mortgage crisis. Further, I am con- modifications that benefit both homeowners Judiciary Committee. I want to thank cerned that the aptly named ‘‘cramdown’’ au- and investors. It is a commonsense approach Mr. FRANK, I want to thank Mr. CON- thority in Title I of the bill will encourage peo- to help keep American families in their homes. YERS, and all those Members who have ple to seek bankruptcy as a matter of course, And while I do support certain provisions in been working so hard to try to assist and not of last resort, in addressing their in- this bill—and did so in Committee—I oppose our homeowners with loan modifica- debtedness. the legislation as a whole, and urge my col- tions. We knew that we’d never be able This aside, I cannot in all good conscience leagues to do the same. to get this done without judicial modi- oppose passage of H.R. 1106. I will vote in Enacted by Congress last July, Hope for fications of home mortgages during favor of this well-intentioned legislation but in Homeowners has been a failure by virtually bankruptcy for borrowers who have run so doing, call upon my colleagues to narrow every metric. And rather than cut taxpayer out of options. That’s in the bill. the applicability of the H.R. 1106’s loan term losses, this legislation aims to fix a fundamen- The other thing in this bill, the safe modification provisions in conference. tally unfixable program, while abandoning key harbor for servicers that would allow Mr. BLUMENAUER. Mr. Chair, this bill is a taxpayer safeguards. them to move forward now and do significant step in the right direction for all Initially, proponents claimed this program these modifications, the strengthening Americans struggling to pay their mortgages. would provide relief to 400,000 borrowers. of HOPE for Homeowners, which Mr. Today, our economy is facing a real and They were wildly off mark. In fact, the program FRANK has worked so hard on, and a growing crisis, threatening the longest period has received a mere 400 applications and piece that I wrote in on FHA approval of economic stagnation since the Great De- closed on just 43 new loans. that would ensure that predatory lend- If today’s legislation was enacted, the Hope pression. Nowhere is that problem more evi- ing entities are not allowed to partici- for Homeowners program would allow FHA to dent than in the wave of home foreclosures. In pate in the program because they have insure loans with greater risk of default and re- my state, the foreclosure rate is below the na- been ripping off our homeowners. quire a higher per loan taxpayer subsidy. The tional average but continues to rise. According I want to thank JACKIE SPEIER and non-partisan Congressional Budget Office to the Center for Responsible Lending, more Mr. DRIEHAUS for working with me on (CBO) projects that even with these changes, than 20,000 new foreclosures will be initiated this part of the legislation. Now I the program will help a mere 25,000 bor- in Oregon in 2009. think we are finally putting all the rowers, at best. Far from the 400,000 prom- These foreclosures affect neighbors who pieces together that can truly do loan ised, and far from a success. may have paid off their mortgages long ago According to CBO research, taxpayers may modification for so many deserving and communities whose tax bases are eroding be responsible for up to $579 million as a re- citizens. I believe that we don’t have to quickly, creating a vicious cycle of house price sult of potential defaults. This nearly billion deal with this one-by-one effort where declines, defaults, and foreclosures. dollar figure, coupled with the new projection homeowners are trying to call banks I would like to highlight the bankruptcy pro- that Hope for Homeowners will only assist at and servicers, not being able to get in visions in this bill. Providing the bankruptcy most 25,000 borrowers, could potentially cost touch with anybody, not being able to courts with the authority to reduce the prin- the taxpayer an astounding $23,000 per loan. be serviced, but, rather, they can now cipal owed on mortgages, reduce interest Throughout the campaign, President Obama depend on the law that we are putting rates, and reduce fees is a crucial victory for almost daily expressed his goal of ending out here today. consumers. wasteful, underperforming and duplicative gov- I would urge everyone to vote for this Under those provisions, the bill provides ernment programs. How many times do we bill. bankruptcy courts with the same options for have to attempt to change a program that has Mr. DINGELL. Mr. Chair, I rise today in sup- the treatment of primary residences that are helped 43 borrowers nationwide? Under Presi- port of H.R. 1106, the ‘‘Helping Families Save already available to the courts for second dent Obama’s criteria, HOPE for Homeowners Their Homes Act of 2009.’’ We are in the homes, vacation homes, and investment prop- would certainly qualify as a program to be cut. midst of the gravest recession in recent mem- erty. And worse, bankruptcy cram-down provi- ory and hear daily of countless foreclosures It makes absolutely no sense that Donald sions included in this bill will further reward across the Nation, particularly in my home Trump can have the mortgage of his fourth va- poor decisions made by a small amount of in- state of Michigan. As President Obama men- cation home modified to more acceptable dividuals and lenders, while adding uncertainty tioned during his address to the Congress two terms if he goes bankrupt, but that John and to the market and increasing mortgage costs days ago, the Federal government can and Jane Doe living in their primary residence of for the vast majority of Americans. must pursue measures to mitigate the effects Anywhere, USA, are not afforded this help. Congress should be asking: who is this leg- of this terrible economic blight upon the Na- Another key set of provisions are the im- islation intended to help, and is it fair? Will this tion’s citizens. provements to the Hope for Homeowners pro- bill reward irresponsible behavior and punish With the painful memories of the Great De- gram. Under the Bush Administration, that pro- those who have played by the rules and lived pression still clearly in mind, I offer my whole- gram—while touted as a lifeline for struggling within their means? And how will this legisla- hearted praise and support for the President’s homeowners—did not insure a single loan. tion stimulate the economy? call to action. Additionally, as the representa- This bill opens the door to participation by Times are tough for American families—we tive of a congressional district with one of the homeowners by reducing insurance premiums, all know that. But merely throwing good tax- Nation’s highest foreclosure rates and most easing requirements for lenders to participate, payer money after bad is not the solution to dramatic decline in housing values, I feel it im- and defraying some of the costs of refinancing our economic problems. We must consider the perative that we move swiftly to stabilize the mortgages. long-term consequences of our actions and housing market to keep people in their homes. Overall, this legislation is a good step in the how working American families and taxpayers H.R. 1106 is a good first step toward right direction, but we cannot take our eye off will be affected. This legislation is not the an- achieving this goal. Its improvements to the the ball, and I will continue working with my swer. I urge my colleagues to vote ‘‘no.’’ Hope for Homeowners program and provision colleagues to addressing these challenges.

VerDate Nov 24 2008 02:14 Feb 27, 2009 Jkt 079060 PO 00000 Frm 00025 Fmt 7634 Sfmt 9920 E:\CR\FM\A26FE7.008 H26FEPT1 wwoods2 on PRODPC68 with HOUSE H2862 CONGRESSIONAL RECORD — HOUSE February 26, 2009 b 1330 Edwards (TX) Latham Reichert NOT VOTING—32 Ehlers LaTourette Reyes Becerra Grijalva Pence The CHAIR. All time for general de- Ellison Latta Richardson Berman Hill Ellsworth Lee (CA) Rodriguez Perriello bate has expired. Boucher Kirk Emerson Lee (NY) Roe (TN) Sanchez, Loretta Mr. FRANK of Massachusetts. Mr. Campbell Kline (MN) Engel Levin Rogers (AL) Snyder Cao Larson (CT) Chairman, I move that the Committee Eshoo Lewis (CA) Rogers (KY) Stark Carter Linder Etheridge Lewis (GA) Rogers (MI) Sullivan do now rise. Cassidy Lucas Fallin Lipinski Rohrabacher Terry The motion was agreed to. Conyers Massa Farr LoBiondo Rooney Tiberi Deal (GA) Miller (MI) Accordingly, the Committee rose; Vela´ zquez Fattah Loebsack Ros-Lehtinen Doyle Miller, Gary and the Speaker pro tempore (Mr. Wamp Filner Lofgren, Zoe Roskam Duncan Murphy, Patrick TONKO) having assumed the chair, Mr. Flake Lowey Ross SERRANO, Chair of the Committee of Fleming Luetkemeyer Rothman (NJ) b 1404 Forbes Luja´ n Roybal-Allard the Whole House on the state of the Fortenberry Lummis Royce So (two-thirds being in the affirma- Union, reported that that Committee, Foster Lungren, Daniel Ruppersberger tive) the rules were suspended and the having had under consideration the bill Foxx E. Rush resolution was agreed to. (H.R. 1106) to prevent mortgage fore- Frank (MA) Lynch Ryan (OH) Franks (AZ) Mack Ryan (WI) The result of the vote was announced closures and enhance mortgage credit Frelinghuysen Maffei Salazar as above recorded. availability, had come to no resolution Fudge Maloney Sa´ nchez, Linda A motion to reconsider was laid on thereon. Gallegly Manzullo T. the table. Garrett (NJ) Marchant Sarbanes f Gerlach Markey (CO) Scalise f Giffords Markey (MA) Schakowsky AUTHORIZING THE SPEAKER TO EXPRESSING CONDOLENCES TO Gingrey (GA) Marshall Schauer Gohmert Matheson Schiff DECLARE A RECESS ON WEDNES- FAMILIES OF VICTIMS OF CRASH Gonzalez Matsui Schmidt DAY, MARCH 4, 2009, FOR THE OF CONTINENTAL CONNECTION Goodlatte McCarthy (CA) Schock PURPOSE OF RECEIVING IN FLIGHT 3407 Gordon (TN) McCarthy (NY) Schrader Granger McCaul Schwartz JOINT MEETING THE RIGHT HON- The SPEAKER pro tempore. The un- Graves McClintock Scott (GA) ORABLE GORDON BROWN, PRIME finished business is the question on Grayson McCollum Scott (VA) MINISTER OF THE UNITED KING- suspending the rules and agreeing to Green, Al McCotter Sensenbrenner Green, Gene McDermott Serrano DOM OF GREAT BRITAIN AND the resolution, H. Res. 183. Griffith McGovern Sessions NORTHERN IRELAND The Clerk read the title of the resolu- Guthrie McHenry Sestak Ms. WASSERMAN SCHULTZ. Mr. tion. Gutierrez McHugh Shadegg Hall (NY) McIntyre Shea-Porter Speaker, I ask unanimous consent that The SPEAKER pro tempore. The Hall (TX) McKeon Sherman it may be in order at any time on question is on the motion offered by Halvorson McMahon Shimkus Wednesday, March 4, 2009, for the the gentleman from New York (Mr. Hare McMorris Shuler Speaker to declare a recess, subject to ARCURI) that the House suspend the Harman Rodgers Shuster Harper McNerney Simpson the call of the Chair, for the purpose of rules and agree to the resolution, H. Hastings (FL) Meek (FL) Sires receiving in joint meeting the Right Res. 183. Hastings (WA) Meeks (NY) Skelton Honorable Gordon Brown, Prime Min- The question was taken. Heinrich Melancon Slaughter ister of the United Kingdom of Great The SPEAKER pro tempore. In the Heller Mica Smith (NE) Hensarling Michaud Smith (NJ) Britain and Northern Ireland. opinion of the Chair, two-thirds being Herger Miller (FL) Smith (TX) The SPEAKER pro tempore. Is there in the affirmative, the ayes have it. Herseth Sandlin Miller (NC) Smith (WA) objection to the request of the gentle- Mr. CLEAVER. Mr. Speaker, on that Higgins Miller, George Souder Himes Minnick Space woman from Florida? I demand the yeas and nays. Hinchey Mitchell Speier There was no objection. The yeas and nays were ordered. Hinojosa Mollohan Spratt The vote was taken by electronic de- Hirono Moore (KS) Stearns f vice, and there were—yeas 399, nays 0, Hodes Moore (WI) Stupak Hoekstra Moran (KS) Sutton ADJOURNMENT TO MONDAY, not voting 32, as follows: Holden Moran (VA) Tanner MARCH 2, 2009 [Roll No. 90] Holt Murphy (CT) Tauscher Honda Murphy, Tim Taylor Ms. WASSERMAN SCHULTZ. Mr. YEAS—399 Hoyer Murtha Teague Speaker, I ask unanimous consent that Abercrombie Boren Clyburn Hunter Myrick Thompson (CA) when the House adjourns today, it ad- Ackerman Boswell Coble Inglis Nadler (NY) Thompson (MS) Aderholt Boustany Coffman (CO) Inslee Napolitano Thompson (PA) journ to meet at 12:30 p.m. on Monday Adler (NJ) Boyd Cohen Israel Neal (MA) Thornberry next for morning-hour debate. Akin Brady (PA) Cole Issa Neugebauer Tiahrt The SPEAKER pro tempore. Is there Alexander Brady (TX) Conaway Jackson (IL) Nunes Tierney objection to the request of the gentle- Altmire Braley (IA) Connolly (VA) Jackson-Lee Nye Titus Andrews Bright Cooper (TX) Oberstar Tonko woman from Florida? Arcuri Broun (GA) Costa Jenkins Obey Towns There was no objection. Austria Brown (SC) Costello Johnson (GA) Olson Tsongas Baca Brown, Corrine Courtney Johnson (IL) Olver Turner f Bachmann Brown-Waite, Crenshaw Johnson, E. B. Ortiz Upton HONORING JOHN MAYES Bachus Ginny Crowley Johnson, Sam Pallone Van Hollen Baird Buchanan Cuellar Jones Pascrell Visclosky (Mr. GINGREY of Georgia asked and Baldwin Burgess Culberson Jordan (OH) Pastor (AZ) Walden was given permission to address the Barrett (SC) Burton (IN) Cummings Kagen Paul Walz Barrow Butterfield Dahlkemper Kanjorski Paulsen Wasserman House for 1 minute and to revise and Bartlett Buyer Davis (AL) Kaptur Payne Schultz extend his remarks.) Barton (TX) Calvert Davis (CA) Kennedy Perlmutter Waters Mr. GINGREY of Georgia. Mr. Speak- Bean Camp Davis (IL) Kildee Peters Watson Berkley Cantor Davis (KY) Kilpatrick (MI) Peterson Watt er, in celebration of Black History Berry Capito Davis (TN) Kilroy Petri Waxman Month, I want to continue recognizing Biggert Capps DeFazio Kind Pingree (ME) Weiner African Americans from throughout Bilbray Capuano DeGette King (IA) Pitts Welch Georgia’s 11th Congressional District Bilirakis Cardoza Delahunt King (NY) Platts Westmoreland Bishop (GA) Carnahan DeLauro Kingston Poe (TX) Wexler who have a major impact on their com- Bishop (NY) Carney Dent Kirkpatrick (AZ) Polis (CO) Whitfield munity. Bishop (UT) Carson (IN) Diaz-Balart, L. Kissell Pomeroy Wilson (OH) Today, I rise to recognize John Blackburn Castle Diaz-Balart, M. Klein (FL) Posey Wilson (SC) Blumenauer Castor (FL) Dicks Kosmas Price (GA) Wittman Mayes of Rome, Georgia. John has been Blunt Chaffetz Dingell Kratovil Price (NC) Wolf a dedicated public servant for the peo- Boccieri Chandler Doggett Kucinich Putnam Woolsey ple of Rome and Floyd County, Georgia Boehner Childers Donnelly (IN) Lamborn Radanovich Wu for the majority of his adult life. John Bonner Clarke Dreier Lance Rahall Yarmuth Bono Mack Clay Driehaus Langevin Rangel Young (AK) is a three-term member of the Floyd Boozman Cleaver Edwards (MD) Larsen (WA) Rehberg Young (FL) County Board of Commissioners, and

VerDate Nov 24 2008 02:14 Feb 27, 2009 Jkt 079060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 E:\CR\FM\K26FE7.043 H26FEPT1 wwoods2 on PRODPC68 with HOUSE February 26, 2009 CONGRESSIONAL RECORD — HOUSE H2863 he currently serves as the chairman. Well, here’s another Housing bill, claiming to 1. Does a family have to declare bankruptcy He is also the current Chair of the be a nostrum for what ails us with housing before qualifying for a ‘‘workout/refinancing’’? Floyd County Public Works Com- foreclosures. Why do families have to do this but not the mittee. Last August, the same committee, with no banks? In addition to his commitment to im- hearings and no opportunity for amendment 2. What % of troubled loans would this plan proving his home county, John also pushed through a landmark bill called Hope rescue—less than 10%, . . . up to 90%? dedicates much of his time to strength- for Homeowners. It was supposed to help 3. Are eligible loans only ‘‘subprime’’ ones, ening the health care community in workouts, to bring assistance to counselors, to or any loan? Floyd County, serving on both the prevent foreclosures. To this date this program 4. In Title 1, why do lenders need financial Floyd Medical Center Hospital Author- has worked out on 25 mortgages only. Twen- incentives to modify loans? They’ve got TARP ity and Management Board and the ty-Five—not 250, 2500, 25,000; just 25. $. Floyd County Board of Health. We have seen more foreclosures, not 5. What % of appropriated funds for this Despite his heavy involvement in enough workouts, no Wall Street firms or their program will go to lenders? Why? How @ county and city government, John still hired gun servicers coming to the table. The servicers? They’re not licensed or certified. finds time devote to philanthropic ac- money for the communities engaged in coun- Why let them qualify for anything? They’ve tivities, founding Camp Uncle John, a seling arrived late, and people lost their been awful. private retreat designed to reach out to homes. The next batch of money did not ar- 6. How will the government recoup its area youth, and serving as the director rive to allow cities to buy homes, and now out money? Is there a shared appreciation provi- of community organizations such as of state individuals or companies own the sion that reimburses government for its invest- the YMCA. homes and these new owners have no vested ment? In 2007, John Mayes was honored by interest in the properties. They are looking at 7. What happens to credit union financed Rome residents for his selfless commu- the profit they will receive. The communities mortgages? They did no subprimes. Are their nity service with the prestigious Heart lose. The people lose. Even those home- loans eligible for workouts? What happens of the Community Award. owners who are paying their mortgages, keep- when a reduction in principal wipes out their I ask my colleagues, please join me ing up with their bills and being overall good annual profits? in thanking John Mayes for his service to the people of Rome and Floyd Coun- economic citizens are paying because their f neighbors fell on dire straits, property values ty and his commitment to the better- STOP MEDDLING IN THE are plummeting. The money that did reach ment of his community. MORTGAGE INDUSTRY communities sometimes only reached certain f communities—others suffered. In northern (Mr. FLEMING asked and was given REGULAR ORDER SHOULD BE THE Ohio, Cleveland got the majority of the money permission to address the House for 1 RULE OF THE DAY and Toledo suffers with little or no money minute and to revise and extend his re- (Ms. KAPTUR asked and was given available to help people. I myself attended an marks.) permission to address the House for 1 auction run by a company in Dallas, TX, that Mr. FLEMING. Mr. Speaker, I rise to minute and to revise and extend her re- sold away my constituent’s homes to far away speak also about H.R. 1106, the so- marks.) people and the communities are struggling called mortgage cram-down bill which, Ms. KAPTUR. Mr. Speaker, I rise to and some neighborhoods are even dying. I am afraid, is being crammed down the express the opinion that in the recent Then, the last Administration shoved TARP throats of the American citizens. vote on H.R. 1106, which had to do with at us. Crisis was coming or at hand and it was There are families in this country se- mortgage foreclosures and so-called en- the only way to stop it. Those that voted for riously hurting in these tough eco- hancement of mortgage credit avail- it thought that they were going to prevent nomic times. They’re looking for ways ability, it would be incumbent upon more foreclosures—they wanted to help the to keep their homes from going into leadership of the institution to follow people. foreclosure. normal process and to allow the mem- They found out Hank Paulson took all the I would support a targeted measure bership, if they wish to offer amend- money for Wall Street banks that didn’t do to help those who didn’t overreach ments before the Rules Committee, to workouts, and are not doing workouts. But the when they purchased a home, but this be afforded that opportunity. last Congress held them up, saved them, and broad stroke cram-down bill we have The challenges we face in the mort- paid them taxpayer dollars. To what end? been given allows the court system to gage market are enormous, and regular It’s a new Congress and a new President. modify home mortgages, including reorder should be the rule of the day Foreclosures are still rampant. The economy ducing the loan principal. This would here. You know, we wouldn’t have all is oscillating and the recession is deepening leave responsible homeowners to pick these difficulties in our country if we rather than stabilizing. up the tab for the mistakes of others. would be properly using the normal in- Now we are told: we’ve got another idea we Also, it would further encourage folks stitutions to resolve loans, loan dif- want to sell you. to file bankruptcy, rather than work- ficulties, the Federal Deposit Insur- Let’s go the bankruptcy route. ing out their financial problems. Giv- ance Corporation and the Securities Of course, this won’t deal with the millions ing the judges the power to arbitrarily and Exchange Commission. When you of pending subprime foreclosures and achieve change the terms of a mortgage is not don’t use those, and you begin to try to workouts. It will only address people filing for the direction we need to go in this tinker at the edges of a really large bankruptcy and about 20% of them might country. Home buyers will be forced to problem that the country faces, and have a home involved in that process. These pay higher interest rates and the implosion of the mortgage market people could be helped, but we are not help- downpayments if lenders face the risk itself, you can make a lot of mistakes. ing all the other people who are not turning to that a judge could change mortgage Members deserve respect. We deserve the last, absolute last resort of bankruptcy. terms in the future. due diligence by the respective sub- Do I understand this—no Wall Street big It was the meddling in the mortgage committee and committees, including bank has been asked to go bankrupt and its industry by Congress that helped start the opportunity to amend and include assets distributed to more responsible commu- this economic mess in the first place. ideas in the manager’s amendment. If nity banks. But instead of bringing discipline to Why should we continue meddling? that does not happen, we don’t serve the banks, now we’re going to ask the Amer- Continued efforts by Congress to re- the American people well. ican people to file bankruptcy first. And, we’re ward unwise financial decisions will I think every Member here deserves going to provide money to pay the fraudulent keep the dream of affordable home that respect. And I would hope that, as servicers. ownership unattainable for many re- next week begins, we will have the op- If you’re not sure how to vote on this, think sponsible citizens for years to come. portunity to perfect this legislation, if what happened before. Think about the solu- f it can be perfected or, more properly, tions we were told would work. Look around to meet with the Secretary of the your community. Are they working? PROTECT OUR CONSTITUTIONAL Treasury and the economic leaders of I can tell you in my district they are not. LIBERTIES the new administration to perhaps Here are some questions that ought to be (Mr. BURTON of Indiana asked and shape a different path forward. answered before we move forward: was given permission to address the

VerDate Nov 24 2008 02:14 Feb 27, 2009 Jkt 079060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\CR\FM\K26FE7.046 H26FEPT1 wwoods2 on PRODPC68 with HOUSE H2864 CONGRESSIONAL RECORD — HOUSE February 26, 2009 House for 1 minute and to revise and THE APPROACHING FINANCIAL roll into the next without much notice extend his remarks.) HURRICANE or fanfare. Budgets are proposed that Mr. BURTON of Indiana. Mr. Speak- (Mr. CULBERSON asked and was offer some new programs or eliminate er, we’re not supposed to talk to the given permission to address the House an initiative, but by and large con- American people here. We’re supposed for 1 minute and to revise and extend tinuity reigns. Then there are the years that come to address our colleagues, so I will not his remarks.) along once in a generation, when we talk to the American people. But if I Mr. CULBERSON. Mr. Speaker, the look at where the country has been and could, I would say to them they ought American people need to know that recognize that we need a break from a to be very concerned about their con- this Congress in less time has spent troubled past, that the problems we stitutional liberties because they’re more money than any Congress in his- face demand that we begin charting a being challenged and some of them tory. At a time in American history new path. This is one of those years. may be done away with very quickly. when we are at war worldwide with ter- People who are members of compa- We start 2009 in the midst of a crisis rorists, at a time when we face finan- unlike any we have seen in our life- nies, who work for companies, are cial crisis of unprecedented proportion, going to be forced to do an open vote times. Our economy is in a deep reces- we, as Members of Congress, have a sion that threatens to be deeper and on whether or not they want to join a very special duty to protect the Treas- union if the Card Check Bill comes and longer than any since the Great De- ury of the United States, to be careful, pression. More than three and a half passes this body or is passed by the ad- thoughtful and deliberative and an ministration through regulation. And million jobs were lost over the past 13 open process. months, more jobs than at any time this is something that would take And I want to thank my colleague, away the right of these people to have since World War II. In addition, an- Congresswoman MARCY KAPTUR of other 8.8 million Americans who want a secret ballot on whether or not they Ohio. She’s exactly right. We need to want to join the union. That, in my and need full-time work have had to follow the committee process, absolute settle for part-time jobs. Manufac- opinion, is a violation of the first transparency, an opportunity to offer amendment. turing employment has hit a 60-year amendments, an opportunity for public low. Our capital markets are virtually And then also we have what’s called hearings. Let the public see what bills the Fairness Doctrine they’re going to frozen, making it difficult for busi- we are considering. nesses to grow and for families to bor- try to pass, which would kill talk The stimulus, $800 billion, was only row money to afford a home, car, or radio. The liberals in this body and the filed on the Internet 13 hours before college education for their kids. Many other body want to stop people like the vote. And this Congress, in 21 days, families cannot pay their bills or their Rush Limbaugh and Sean Hannity has increased the annual budget of the mortgage payments. Trillions of dol- from talking about the issues that face United States by 110 percent, counting lars of wealth have been wiped out, the American people because they’re the President’s budget today. leaving many workers with little or conservatives and they’re making their Congressman FRANK WOLF is going to nothing as they approach retirement. points to the American people and the speak for 5 minutes in just a minute. And millions of Americans are unsure American people listen to them. They We must address the approaching fi- about the future—if their job will be don’t listen to the liberals, and so nancial hurricane. Congressman there tomorrow, if their children will they’re going to try to shut them up WOLF’s commission deserves the atten- be able to go to college, and if their with the Fairness Doctrine. That’s un- tion of this Congress in a careful, grandchildren will be able to realize constitutional, and we should do every- thoughtful and deliberative way. Let thing we can to stop it. the full promise of America. the sun shine in, Mr. Speaker. This crisis is neither the result of a f f normal turn of the business cycle nor b 1415 an accident of history. We arrived at this point as a result of an era of pro- ADMINISTRATION SHOULD LISTEN DOVER POLICY found irresponsibility that engulfed TO THOSE WHO SERVE IN THE (Mr. HUNTER asked and was given both private and public institutions ARMED FORCES permission to address the House for 1 from some of our largest companies’ minute and to revise and extend his re- (Mr. WOLF asked and was given per- executive suites to the seats of power marks.) mission to address the House for 1 in Washington, D.C. For decades, too Mr. HUNTER. Mr. Speaker, I had the minute and to revise and extend his re- many on Wall Street threw caution to privilege last night to meet with marks.) the wind, chased profits with blind op- Angelia Phillips. Her son, Specialist Mr. WOLF. I just want the Members timism and little regard for serious Michael Phillips, was killed in Iraq on to know that the son of former Con- risks—and with even less regard for the February 24, 2008, with the 1st of the gressman Duncan Hunter, now cur- public good. Lenders made loans with- 502nd, 101st Airborne. She was ada- rently Congressman DUNCAN HUNTER out concern for whether borrowers mant, Mr. Speaker, when she was talk- who just spoke here about the flag could repay them. Inadequately in- ing about the Dover Policy. That’s the drape policy with regard to our fallen formed of the risks and overwhelmed policy that we have right now that soldiers who return to Dover Air Force by fine print, many borrowers took on does not allow the media to take pic- Base, served in Iraq in combat and debt they could not really afford. And tures of our soldiers, marines, sailors served in Afghanistan in combat. I those in authority turned a blind eye and airmen coming home from Iraq and think that the Obama administration to this risk-taking; they forgot that Afghanistan. She said that that return ought to listen to people who serve. markets work best when there is trans- of her son, Specialist Phillips, his re- f parency and accountability and when turning to America, that was him com- A NEW ERA OF RESPONSIBILITY— the rules of the road are both fair and ing home and to her, that was more im- MESSAGE FROM THE PRESIDENT vigorously enforced. For years, a lack portant than the actual funeral be- OF THE UNITED STATES (H. DOC. of transparency created a situation in cause that was finally her son coming NO. 111–19) which serious economic dangers were home to his country that he loved so visible to all too few. much and that he gave his life for. The SPEAKER pro tempore (Mr. This irresponsibility precipitated the The Dover Policy is good policy. The KISSELL) laid before the House the fol- interlocking housing and financial cri- American public does not need to see lowing message from the President of ses that triggered this recession. But the flag-draped coffins of those who the United States; which was read and, the roots of the problems we face run carry the burden of freedom for this without objection, referred to the Com- deeper. Government has failed to fully country. It’s up to that family because mittee on Appropriations and ordered confront the deep, systemic problems that’s a special solemn moment, Mr. to be printed: that year after year have only become Speaker. The Dover Policy is good pol- Throughout America’s history, there a larger and larger drag on our econ- icy. We should not reverse it. have been some years that appeared to omy. From the rising costs of health

VerDate Nov 24 2008 02:14 Feb 27, 2009 Jkt 079060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\CR\FM\K26FE7.047 H26FEPT1 wwoods2 on PRODPC68 with HOUSE February 26, 2009 CONGRESSIONAL RECORD — HOUSE H2865 care to the state of our schools, from protecting the privacy of patients. This effective, we will invest. This is the ap- the need to revolutionize how we power is a necessary step to reducing waste, proach, for example, we have begun in our economy to our crumbling infra- eliminating red tape, and avoiding the allocating funds to education, health structure, policymakers in Washington need to repeat expensive medical tests. care, and national security. And as we have chosen temporary fixes over last- We also will fundamentally reform our continue the budgetary process, we will ing solutions. health care system, delivering quality identify more cuts and reallocations The time has come to usher in a new care to more Americans while reducing for the full Budget presented this era—a new era of responsibility in costs for us all. This will make our spring, and undertake efforts to reform which we act not only to save and cre- businesses more competitive and ease a how the programs you fund are man- ate new jobs, but also to lay a new significant and growing burden middle- aged so that overruns are avoided, foundation of growth upon which we class families are bearing. waste is cut, and you get the most ef- can renew the promise of America. To give our children a fair shot to fective and efficient Government pos- This Budget is a first step in that thrive in a global, information-age sible. journey. It lays out for the American economy, we will equip thousands of In the little more than a month my people the extent of the crisis we inher- schools, community colleges, and uni- Administration has had in office, we ited, the steps we will take to versities with 21st Century classrooms, have not had the time to fully execute jumpstart our economy to create new labs, and libraries. We’ll provide new all the budget reforms that are needed, jobs, and our plans to transform our technology and new training for teach- and to which I am fully committed. economy for the 21st Century to give ers so that students in Chicago and Those will come in the months ahead, our children and grandchildren the Boston can compete with kids in Bei- and next year’s budget process will fruits of many years of economic jing for the high-tech, high-wage jobs look much different. growth. of the future. We will invest in innova- But this Budget does begin the hard It is true that we cannot depend on tion, and open the doors of college to work of bringing new levels of honesty government alone to create jobs or to millions of students. We will pursue and fairness to your Government. It generate long-term growth. Ours is a new reforms—lifting standards in our looks ahead a full 10 years, making market economy, and the Nation de- schools and recruiting, training, and good-faith estimates about what costs pends on the energy and initiative of rewarding a new generation of teach- we would incur; and it accounts for private institutions and individuals. ers. And in an era of skyrocketing col- items that under the old rules could But at this particular moment, govern- lege tuitions, we will make sure that have been left out, making it appear ment must lead the way in providing the doors of college remain open to that we had billions more to spend the short-term boost necessary to lift children from all walks of life. than we really do. The Budget also be- us from a recession this severe and lay To create a platform for our entre- gins to restore a basic sense of fairness the foundation for future prosperity. preneurs and workers to build an econ- to the tax code, eliminating incentives That’s why immediately upon taking omy that can lead this future, we will for companies that ship jobs overseas office, my Administration worked with begin to rebuild America for the de- and giving a generous package of tax the Congress to pass the American Re- mands of the 21st Century. We will re- cuts to 95 percent of working families. Finally, while we have inherited covery and Reinvestment Act. This pair crumbling roads, bridges, and record budget deficits and needed to plan’s provisions will put money in the schools as well as expand broadband pass a massive recovery and reinvest- pockets of the American people, save lines across America, so that a small ment plan to try to jump-start our or create at least three and a half mil- business in a rural town can connect economy out of recession, we cannot and compete with its counterparts any- lion jobs, and help to revive our econ- lose sight of the long-run challenges where in the world. And we will invest omy. that our country faces and that threat- This moment is one of great paradox in the science, research, and tech- en our economic health—specifically, and promise: while there are millions nology that will lead to new medical the trillions of dollars of debt that we of Americans trying to find work, there breakthroughs, new discoveries, and inherited, the rising costs of health is also so much work to be done. That’s entire new industries. care, and the growing obligations of why the Recovery Act and our Budget Regaining our economic strength Social Security. Therefore, while our also is critical to our national security. will make long overdue investments in Budget will run deficits, we must begin It is a major source of our global lead- priorities—like clean energy, edu- the process of making the tough ership, and we must not let it waver. cation, health care, and a new infra- choices necessary to restore fiscal dis- That’s why this Budget makes critical structure—that are necessary to keep cipline, cut the deficit in half by the us strong and competitive in the 21st investments in rebuilding our military, end of my first term in office, and put Century. securing our homeland, and expanding our Nation on sound fiscal footing. To finally spark the creation of a our diplomatic efforts because to pro- Some may look at what faces our Na- clean energy economy, we will make vide for the security of the United tion and believe that America’s great- the investments in the next three years States we need to use all elements of est days are behind it. They are wrong. to double our Nation’s renewable en- our power. Moreover, to honor the Our problems are rooted in past mis- ergy capacity. We will modernize Fed- service of those who have worn our takes, not our capacity for future eral buildings and improve the energy military’s uniform, we will make the greatness. We should never forget that efficiency of millions of American investments necessary to take care of our workers are more innovative and homes, saving consumers and tax- our veterans. industrious than any on earth. Our uni- payers billions on our energy bills. In For these initiatives to lay a founda- versities are still the envy of the world. the process, we will put Americans to tion for long-term economic growth, We are still home to the most brilliant work in new jobs that pay well—jobs it’s important that we not only change minds, the most creative entre- installing solar panels and wind tur- what Washington invests in, but how preneurs, and the most advanced tech- bines; constructing energy efficient Washington does business. We must nology and innovation that history has buildings; manufacturing fuel efficient usher in a new era of responsibility in ever known. And we are still the Na- vehicles; and developing the new en- which we empower citizens with the in- tion that has overcome great fears and ergy technologies that will lead to even formation they need to hold their improbable odds. It will take time, but more jobs and more savings, putting us elected representatives accountable for we can bring change to America. We on the path toward energy independ- the decisions they make. We need to can rebuild that lost trust and con- ence for our Nation and a cleaner, safer put tired ideologies aside, and ask not fidence. We can restore opportunity planet in the process. whether our Government is too big or and prosperity. And we can bring about To improve the quality of our health too small, or whether it is the problem a new sense of responsibility among care while lowering its cost, we will or the solution, but whether it is work- Americans from every walk of life and make the immediate investments needing for the American people. Where it from every corner of the country. ed to computerize all of America’s does not, we will stop spending tax- BARACK OBAMA. medical records within five years while payer dollars; where it has proven to be THE WHITE HOUSE, February 26, 2009.

VerDate Nov 24 2008 02:14 Feb 27, 2009 Jkt 079060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\CR\FM\A26FE7.031 H26FEPT1 wwoods2 on PRODPC68 with HOUSE H2866 CONGRESSIONAL RECORD — HOUSE February 26, 2009 SPECIAL ORDERS sions which will shine a much-needed says, ‘‘It is easy to cut the deficit in The SPEAKER pro tempore. Under light on a system that, for too long, half after you’ve quadrupled it.’’ the Speaker’s announced policy of Jan- has operated in the shadows. Today’s Politico features an article uary 6, 2009, and under a previous order Because it introduces sensible re- titled, ‘‘Arguments Lost in Blizzard of Billions,’’ which contends—and I of the House, the following Members forms to correct the many failings of agree—that Congress is so desensitized will be recognized for 5 minutes each. immigration detention in this country, the Immigration Oversight and Fair- to numbers that ‘‘a billion here, a bil- f ness Act has garnered broad-based sup- lion there, pretty soon you’re talking THE IMMIGRATION OVERSIGHT port. More than 100 faith, human about—well, pretty soon no one has a AND FAIRNESS ACT rights, civil liberties, immigrant and clue what you’re talking about.’’ Have we forgotten that we have over The SPEAKER pro tempore. Under a community organizations have signed $56 trillion in unfunded obligations previous order of the House, the gentle- a letter endorsing my bill. I would like through Social Security, Medicare, and woman from California (Ms. ROYBAL- to specifically thank the Lutheran Im- Medicaid—already saddled on the back ALLARD) is recognized for 5 minutes. migration and Refugee Service, the of future generations—$11 trillion of Ms. ROYBAL-ALLARD. Mr. Speaker, American Immigration Lawyers Asso- debt? Do elected officials know that I rise to introduce the Immigration ciation, and the National Immigrant Standard and Poor’s Investment Serv- Oversight and Fairness Act, which will Justice Center for the important role ice predicts the loss of America’s tri- help address the shameful state of im- they played in formulating this legislation and for the tireless work they do ple-A bond rating as early as 2012? migration detention in our country. When Secretary of State Clinton was every day on behalf of immigrant de- It is unconscionable that our govern- in Beijing last week, she asked the Chi- ment holds families in conditions re- tainees. Mr. Speaker, the detention system in nese—who now holds the paper of about served for hardened criminals, forces 1 of every 10 American dollars—to keep children caught on their own to spend which thousands of detainees languish daily—frequently denied access to buying our debt. I never thought I harrowing nights in border jails and in- would see the day when the United loved ones, legal counsel, and medical carcerates in bare cells asylum seekers States was forced to hold a tin cup in care—is incompatible with our laws who came to these shores in search of China mortgaging the future for our and inconsistent with our American freedom. These inexcusable abuses children and our grandchildren to some should never have happened, and Amer- values. The Immigration Oversight and Fair- of the worst human rights violators in icans never should have tolerated the world. ness Act will ensure that our govern- them. We are in a crisis today. Main Street ment honors its most sacred obliga- By strengthening existing regula- is suffering. Americans everywhere un- tions and giving them the force of law, tions: to respect our laws and to pro- derstand our country is in serious trou- the Immigration Oversight and Fair- tect the children entrusted to its care. ble—we are sinking—and it is on this I look forward to working with the ness Act will help ensure that the De- Congress’ watch. The 111th Congress is Obama administration to fix America’s partment of Homeland Security does doing nothing. not violate its own detention stand- broken immigration system, and I ask Confidence. The definition of ‘‘con- ards. my colleagues to support the Immigra- fidence,’’ according to Webster’s Dic- tion Oversight and Fairness Act. b 1430 tionary, is ‘‘faith or the belief that one f will act in a right, proper, or effective My bill ensures that all detainees can The SPEAKER pro tempore. Under a way.’’ ‘‘Act’’ being the key word. communicate with their lawyers and previous order of the House, the gen- Americans are under the belief that obtain needed medical care. It will also tleman from Texas (Mr. POE) is recog- elected officials will work together to help to expand legal orientation pro- nized for 5 minutes. solve the Nation’s most pressing prob- grams so that detainees understand (Mr. POE of Texas addressed the lem. But if Congress is paralyzed by their rights and the likelihood of win- House. His remarks will appear here- partisan bickering, what happens to ning their cases. after in the Extensions of Remarks.) the word ‘‘act’’? The Immigration Oversight and Fair- f Entitlement spending and the mas- ness Act also protects vulnerable chil- sive debt we’re leaving to our children dren who are arrested on their own and COMMISSION WITH TEETH: FORC- and our grandchildren are pressing held in DHS custody at border stations. ING CONGRESS TO ADDRESS EN- issues of economic and moral—this is a A recent report by the Women’s Ref- TITLEMENT ISSUE moral issue. The Tenth Commandment ugee Commission found that the Bor- The SPEAKER pro tempore. Under a says, ‘‘Thou shalt not steal.’’ Well, this der Patrol continues to hold unaccom- previous order of the House, the gen- generation is stealing from the next panied immigrant children in inappro- tleman from Virginia (Mr. WOLF) is generation. Every day the canyon of priate conditions. This bill increases recognized for 5 minutes. debt widens and deepens, and yet elect- training for the Border Patrol officers Mr. WOLF. Mr. Speaker, today the ed leaders—many hiding behind the and facilitates speedy transfers of chil- President released his budget request mantra of regular order—seem to think dren to safer, better-equipped facili- which projects a $1.8 trillion deficit the problem will magically go away. ties. this year and a $533 billion deficit for The fact is, congressmen give speeches In addition, the bill expands the use 2013. Yet, the Congressional Budget Of- and say, ‘‘I’m all for this. I’m con- of alternatives to detention. It costs fice ran a deficit projection using a cerned. But let’s go through regular the American taxpayer nearly $2 bil- baseline which assumed the policies in order.’’ lion a year to house detainees, yet the the President’s budget request con- When it goes through regular order vast majority of detained immigrants tends that the FY 2013 deficit will be a and it goes through the Budget Com- pose no threat to their communities or staggering $715 billion. mittee, when it goes through regular our country. This legislation will make President Obama’s pledge of cutting order and it goes through the Ways and it possible for vulnerable populations— the deficit in half is important, but it Means Committee, it is dead. This including asylum seekers, torture vic- will still be at record levels. In this Ways and Means Committee this year tims, families, pregnant women, and morning’s Washington Post, Maya will not act unless they’re forced to act the elderly—to be released using se- MacGuineas, president of the bipar- by changing the process. cure, proven methods of supervision tisan Committee For a Responsible With that, Mr. Speaker, we have to that come at a fraction of the cost of Federal Budget, said she would like act to get control of our debt for our incarceration. ‘‘To see them [the Obama Administra- children and our grandchildren. Addressing the problems that plague tion] go much further in terms of fiscal f our detention facilities will require a responsibility in actually closing that The SPEAKER pro tempore. Under a new commitment to openness and deficit gap.’’ previous order of the House, the gentle- transparency. This bill, therefore, has More to the point, Brian Riedl, budg- woman from California (Ms. WOOLSEY) oversight and accountability provi- et analyst for the Heritage Foundation, is recognized for 5 minutes.

VerDate Nov 24 2008 02:14 Feb 27, 2009 Jkt 079060 PO 00000 Frm 00030 Fmt 7634 Sfmt 0634 E:\CR\FM\K26FE7.049 H26FEPT1 wwoods2 on PRODPC68 with HOUSE February 26, 2009 CONGRESSIONAL RECORD — HOUSE H2867 (Ms. WOOLSEY addressed the House. serve on other problems—base pro- The SPEAKER pro tempore. Under a Her remarks will appear hereafter in grams, not emergency programs. And previous order of the House, the gen- the Extensions of Remarks.) there is a tendency in this body, and tleman from North Carolina (Mr. f that on the other side of the Capitol, to JONES) is recognized for 5 minutes. do the same thing. (Mr. JONES addressed the House. His The SPEAKER pro tempore. Under a Now, those are the things for which I previous order of the House, the gen- remarks will appear hereafter in the can give the President credit, but over- Extensions of Remarks.) tleman from Indiana (Mr. BURTON) is all, this budget is of great concern to f recognized for 5 minutes. me and ought to be great concern to The SPEAKER pro tempore. Under a (Mr. BURTON of Indiana addressed the rest of the American people. the House. His remarks will appear What it would do is increase the na- previous order of the House, the gen- hereafter in the Extensions of Re- tional debt by $2.7 trillion. That’s not tleman from California (Mr. SCHIFF) is marks.) billion; it’s trillion with a ‘‘T.’’ $2.7 recognized for 5 minutes. (Mr. SCHIFF addressed the House. f trillion this year to $12.7 trillion requiring another increase in the debt His remarks will appear hereafter in PRESIDENT OBAMA’S BUDGET limit which was just increased to $12.1 the Extensions of Remarks.) The SPEAKER pro tempore. Under a trillion in the stimulus bill. It actually f previous order of the House, the gen- doubles the national debt in 8 years. b 1445 tleman from California (Mr. DANIEL E. Now, I know my friends on the other LUNGREN) is recognized for 5 minutes. side of the aisle have said, ‘‘How can NOT DOING AWAY WITH ‘‘POLITICS Mr. DANIEL E. LUNGREN of Cali- you Republicans speak? You didn’t do a AS USUAL’’ fornia. Mr. Speaker, today the Presi- very good job.’’ And I will be the very The SPEAKER pro tempore. Under a dent of the United States continued a first to admit that when I came back previous order of the House, the gentle- tradition that has existed since the be- here after an absence of 16 years, I was woman from Wyoming (Mrs. LUMMIS) is ginning of this Republic, and that is for surprised by the lack of intestinal for- recognized for 5 minutes. the Presidents of the United States to titude in this institution towards fiscal Mrs. LUMMIS. Mr. Speaker, I want send to Congress a message including responsibility, and my party was in to congratulate you, Mr. Speaker; you his budget. This is the blueprint for charge. and I are freshmen colleagues, and it’s this administration in the area of tax- You might say, well, President Bush wonderful to see you in the chair this allowed the debt to rise from the first ation and spending for the foreseeable afternoon. day he was in office to the day he left future. You and I came to this Congress as by $4.9 trillion. That is a record. But At the outset, Mr. Speaker, let me freshmen with a desire to do away with President Obama has already shown us give the President credit where credit ‘‘politics as usual’’ and start anew. And that he’s a record breaker because is due. We should remark that the what I saw yesterday on this floor was under his budget, the debt is projected President’s budget does highlight the not exemplary of that particular goal to increase by $5.6 trillion in just 3 dire problem with unsustainable of mine, and I suspect yours and some years. growth and entitlement spending. He How are we going to take care of of our other freshmen colleagues as acknowledges that, as it should be ac- this? Are we going to be more indebted well. knowledged, and he does it up front. to the Communist Chinese? Are we What I saw was a rule that was And for that, he is due respect. going to be more indebted to those brought to the floor that would prevent Secondly, the President does propose around the world? When do we stop the us from discussing amendments to the to fix the alternative minimum tax, printing presses printing our money? big omnibus $410 billion spending bill. the AMT, and builds the impact of this When does the impact of that fall on If you voted for that amendment to proposal into his budget’s out-year pro- our most vulnerable in this society, stop amendments to the bill, that was jections. Now, this is something the that is those on fixed incomes, when your way of being able to voice support previous administration did not do. So the value of the dollar they have in for keeping congressional salaries this is an improvement in terms of their pocket or in their bank account capped. So those of us who are fiscal what we might call accounting proce- or somewhere in the their investment conservatives had to vote for that dures. portfolio is worth less than it was just amendment in order to be consistent The reform of the AMT does fall a few months before? and true to our fiscal conservative short of full reform since it only ad- So we raise taxes by $1.4 trillion over roots; but at the same time, we had to justs for inflation, and bracket creep the next 10 years. Now, some of it disallow ourselves the opportunity to will push more and more of our con- doesn’t really look like taxes because debate and discuss a $410 billion spend- stituents, the taxpayers of America, on it’s called cap and trade revenues. Cap ing package. So I want to discuss it a to the AMT, which was originally con- and trade. So under the guise of global little bit today. That bill has already sidered to catch just a few, a handful, warming or climate change, we now are passed, but there are some concerns I of multimillionaires who, in periods of going to have a huge tax increase. have about it, especially when coupled time some decades ago, escaped any So what we have here is a budget with the stimulus package we passed, payment of taxes—not because they did with some small good points, huge especially when coupled with the Presi- anything illegal, but because they took debt, huge taxes. That’s not the way dent’s budget that we just received advantage of various tax credits, tax forward. We must do something better. today. shelters, et cetera, that were then We can do better. Some of my concerns are these: the available in the Tax Code. f President’s proposal would provide The President does one courageous The SPEAKER pro tempore. Under a that those who are making $250,000 a thing, I would suggest. He asks us to previous order of the House, the gen- year and above will be those who are consider means testing Medicare Part tleman from Oregon (Mr. DEFAZIO) is subject to a tax increase. That applies D premiums. Always a controversial recognized for 5 minutes. to many of our small businesses in the issue but one that the President at (Mr. DEFAZIO addressed the House. United States. And my State of Wyo- least presented us with the facts forc- His remarks will appear hereafter in ming has no large businesses; it is ening us to deal with those facts. the Extensions of Remarks.) tirely made up of small businesses. And And the President should be com- f those businesses create jobs for 70 per- mended for proposing in this budget for The SPEAKER pro tempore. Under a cent of the jobs in this Nation. So we emergencies. The previous President, previous order of the House, the gen- are, in essence, going to tax those who President Bush, set aside $5.6 billion in tleman from Texas (Mr. PAUL) is recog- are creating jobs. And to me, when a reserve for emergencies in his first nized for 5 minutes. we’re in a budget crisis and a fiscal cri- budget, but President Obama should be (Mr. PAUL addressed the House. His sis and a mortgage crisis, those are the advised that the results of that were remarks will appear hereafter in the wrong people to whom to turn and ask that Congress quickly spent the re- Extensions of Remarks.) for more revenue.

VerDate Nov 24 2008 02:14 Feb 27, 2009 Jkt 079060 PO 00000 Frm 00031 Fmt 7634 Sfmt 0634 E:\CR\FM\K26FE7.053 H26FEPT1 wwoods2 on PRODPC68 with HOUSE H2868 CONGRESSIONAL RECORD — HOUSE February 26, 2009 In addition, the previous speaker dertake more government spending to (The following Members (at the re- pointed out that the President’s mes- see if the budget that was passed yes- quest of Mr. DANIEL E. LUNGREN of sage, although very comforting to me terday, the $410 billion, is responsive to California) to revise and extend their coming from a coal-producing State stimulus so we can flatten budgets in remarks and include extraneous mate- like Wyoming, that he does acknowl- the future. But what we saw yesterday rial:) edge that we need clean coal tech- is that we’re going to increase spending Mr. POE of Texas, for 5 minutes, nology, in the very same sentence said over last year’s budget, followed the March 5. we also need cap and trade. And cap very next day, today, by even more Mr. JONES, for 5 minutes, March 5. and trade is a tax, it will fall primarily spending. The levels of spending just Mr. WOLF, for 5 minutes, today. on coal, that will send us to other na- get higher and higher, government Mr. DANIEL E. LUNGREN of California, tions to derive our energy. And that, I intervention into the private sector for 5 minutes, today. think, is a step in the wrong direction gets higher and higher. The people of Mrs. LUMMIS, for 5 minutes, today. as well. this country need us to go shoulder to Furthermore, the debt that we’re shoulder with them and exercise the f taking on will have to be absorbed in fiscal discipline that they are having to SENATE ENROLLED BILL SIGNED large part by other nations. We’re al- exercise themselves. ready the largest debtor nation in the Mr. Speaker, again, it’s wonderful to The Speaker announced her signa- world. China already owns over $1 tril- see you in the Chair. I thank you for ture to an enrolled bill of the Senate of lion worth of our Treasury notes, our your time. the following title: S. 234. To designate the facility of the debt. And it must be of great concern f to them that we would approach them United States Postal Service located at 2105 to buy more of our debt knowing that SPECIAL ORDERS GRANTED East Cook Street in Springfield, Illinois, as the ‘‘Colonel John H. Wilson, Jr. Post Office the consequence of all of this spending By unanimous consent, permission to Building’’. will mean we will be paying them back address the House, following the legis- in dollars that are worth less than the lative program and any special orders f dollars that they needed to purchase heretofore entered, was granted to: our U.S. treasuries now. Inflation will (The following Members (at the re- ADJOURNMENT be the consequence of all the spending quest of Ms. ROYBAL-ALLARD) to revise Mrs. LUMMIS. Mr. Speaker, I move we are doing. and extend their remarks and include that the House do now adjourn. Consequently, I was so hopeful that extraneous material:) The motion was agreed to; accord- the President’s budget would provide a Ms. ROYBAL-ALLARD, for 5 minutes, ingly (at 2 o’clock and 49 minutes modicum of discipline and would be today. p.m.), under its previous order, the flat spending so that the American peo- Ms. WOOLSEY, for 5 minutes, today. House adjourned until Monday, March ple will have a chance to see if the Mr. DEFAZIO, for 5 minutes, today. 2, 2009, at 12:30 p.m., for morning-hour stimulus package works beforeh we un- Mr. SCHIFF, for 5 minutes, today. debate. EXPENDITURE REPORTS CONCERNING OFFICIAL FOREIGN TRAVEL Reports concerning the foreign currencies and U.S. dollars utilized for Speaker-Authorized Official Travel during the fourth quarter of 2008 and the first quarter of 2009 pursuant to Public Law 95–384 are as follows:

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

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

Juan Lara ...... 12/01 12/02 Rome ...... 150.00 ...... 150.00 Mike Brinck ...... 12/01 12 /02 Rome ...... 150.00 ...... 150.00 Kingston Smith ...... 12/01 12/02 Rome ...... 150.00 ...... 150.00 Juan Lara ...... 12/01 12/05 Berlin ...... 682.00 ...... 682.00 Mike Brinck ...... 12/01 12 /05 Berlin ...... 682.00 ...... 682.00 Kingston Smith ...... 12/01 12/05 Berlin ...... 682.00 ...... 682.00 Kimberly Ross ...... 12/14 12 /17 Rome ...... 313.00 ...... 313.00 Brian Lawrence ...... 12/14 12 /17 Rome ...... 313.00 ...... 313.00 Kimberly Ross ...... 12/14 12 /23 Paris ...... 1,071.00 ...... 1,071.00 Brian Lawrence ...... 12/14 12 /23 Paris ...... 1,071.00 ...... 1,071.00

Committee total ...... 5,264.00 ...... 5,264.00

1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. HONORABLE BOB FILNER, Chairman, Feb. 10, 2009.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, THOMAS W. ROSS, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JAN. 26 AND JAN. 31, 2009

Thomas W. Ross, Jr...... 1/26 1/30 Kosovo ...... 796.00 ...... 10,093.73 ...... 10,889.73 1/30 1/31 Austria ...... 361.00 ...... 361.00

Committee total ...... 1,157.00 ...... 10,093.73 ...... 11,250.73

1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. THOMAS W. ROSS, Jr., Feb. 9, 2009.

VerDate Nov 24 2008 02:14 Feb 27, 2009 Jkt 079060 PO 00000 Frm 00032 Fmt 7634 Sfmt 8634 E:\CR\FM\K26FE7.060 H26FEPT1 wwoods2 on PRODPC68 with HOUSE February 26, 2009 CONGRESSIONAL RECORD — HOUSE H2869 (AMENDED) REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON FOREIGN AFFAIRS, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN OCT. 1 AND DEC. 31, 2008

Hon. Gary L. Ackerman ...... 12/12 12/14 Cyprus ...... 306.00 ...... (3) ...... 306.00 12/14 12/15 Afghanistan ...... 75.00 ...... (3) ...... 75.00 12/15 12/16 Belgium ...... 425.00 ...... (3) ...... 425.00 David Adams ...... 12 /12 12 /14 Cyprus ...... 306.00 ...... (3) ...... 306.00 12/14 12/15 Afghanistan ...... 75.00 ...... (3) ...... 75.00 12/15 12/16 Belgium ...... 425.00 ...... (3) ...... 425.00 Jasmeet Ahuja ...... 12/11 12/16 Sri Lanka ...... 875.00 ...... 875.00 12/17 12/19 Pakistan ...... 152.00 ...... 152.00 12/11 12/19 ...... 4 11,382.33 ...... 11,382.33 David Beraka ...... 11/30 12 /3 Algeria ...... 1,081.00 ...... 1,081.00 12/3 12/6 Tunisia ...... 616.00 ...... 616.00 11/30 12/6 ...... 10,412.18 ...... 10,412.18 Hon. Howard L. Berman ...... 10/12 10 /16 Russia ...... 1,984.00 ...... 11,497.37 ...... 13,481.37 12/15 12/19 Israel ...... 1,724.00 ...... 9,254.30 ...... 10,978.30 Paul Berkowitz ...... 12/1 12/5 Germany ...... 1,760.00 ...... 1,760.00 12/5 12/11 Russia ...... 2,934.00 ...... 2,934.00 12/1 12/11 ...... 4 9,845.46 ...... 9,845.00 Hon. Dan Burton ...... 11/6 11/9 Peru ...... 1,384.12 ...... (3) ...... 1,384.12 11/9 11/11 Chile ...... 635.56 ...... (3) ...... 635.56 11/1 11/13 Paraguay ...... 372.37 ...... (3) ...... 372.37 Douglas Campbell ...... 10 /12 10/16 Russia ...... 1,984.00 ...... 8,872.17 ...... 10,856.17 Hon. Russ Carnahan ...... 9 /30 10 /1 Kosovo ...... 176.00 ...... (3) ...... 176.00 10/1 10/2 Italy ...... 203.00 ...... (3) ...... 203.00 Joan Condon ...... 12/8 12/9 Belgium ...... 341.00 ...... 341.00 12/9 12/10 Senegal ...... 249.00 ...... 249.00 12/10 12/11 Guinea-Bissau ...... 217.00 ...... 217.00 12/11 12/13 Senegal ...... 551.00 ...... 551.00 12/8 12/13 ...... 4 11,668.18 ...... 11,668.18 Hon. William D. Delahunt ...... 11/30 12 /5 Germany ...... 1,886.00 ...... 1,886.00 12/5 12/11 Russia ...... 2,967.00 ...... 2,967.00 12/5 12/11 ...... 4 9,209.98 ...... 9,209.98 Howard Diamond ...... 12 /12 12/14 Cyprus ...... 306.00 ...... (3) ...... 306.00 12/14 12/15 Afghanistan ...... 75.00 ...... (3) ...... 75.00 12/15 12/16 Belgium ...... 425.00 ...... (3) ...... 425.00 Hon. Eliot L. Engel ...... 11/6 11/9 Peru ...... 1,384.12 ...... (3) ...... 1,384.12 11/9 11/11 Chile ...... 635.56 ...... (3) ...... 635.56 11/11 11/13 Paraguay ...... 372.37 ...... (3) ...... 372.37 Hon. F. H. Faleomavaega ...... 12/9 12/10 Samoa ...... 466.00 ...... 466.00 12/10 12/15 Tonga ...... 1,290.00 ...... 1,290.00 12/9 12/15 ...... 4 1,966,93 ...... 1,966.93 Hon. Jeff Flake ...... 12/12 12 /14 Cyprus ...... 306.00 ...... (3) ...... 306.00 12/14 12/15 Afghanistan ...... 75.00 ...... (3) ...... 75.00 12/15 12/16 Belgium ...... 425.00 ...... (3) ...... 425.00 Lelia Gomez ...... 11 /5 11 /9 El Salvador ...... 726.00 ...... 2,025.30 ...... 2,751.30 Dennis Halpin ...... 12 /2 12 /7 Taiwan ...... 1,250.00 ...... 11,059.36 ...... 12,309.36 Daniel Harsha ...... 11 /13 11 /16 Spain ...... 1,281.00 ...... (3) ...... 1,281.00 Hon. Rube´n Hinojosa ...... 12 /12 12 /15 Peru ...... 766.00 ...... (3) ...... 766.00 12/15 12/16 Chile ...... 319.00 ...... (3) ...... 319.00 12/16 12/18 Argentina ...... 599.42 ...... (3) ...... 599.42 Hans Hogrefe ...... 11 /8 11 /13 Ecuador ...... 1,223.00 ...... 2,241.30 ...... 3,464.30 Eric Jacobstein ...... 11/6 11/9 Peru ...... 1,384.12 ...... (3) ...... 1,384.12 11/9 11/11 Chile ...... 635.56 ...... (3) ...... 635.56 11/11 11/13 Paraguay ...... 372.37 ...... (3) ...... 372.37 Jonathan Katz ...... 11 /11 11/12 Austria ...... 369.00 ...... 369.00 11/12 11/13 Belgium ...... 425.00 ...... 425.00 11/11 11/13 ...... 4 7,610.38 ...... 7,610.38 12/2 12/4 Israel ...... 862.00 ...... 862.00 12/4 12/5 Czech Republic ...... 413.48 ...... 413.48 12/2 12/5 ...... 4 7,904.81 ...... 7,904.81 David Killion ...... 11 /30 12/3 Tunisia ...... 1,081.00 ...... 1,081.00 12/3 12/6 Algeria ...... 616.00 ...... 616.00 12/6 12/10 France ...... 1,692.00 ...... 1,692.00 11/30 12/10 ...... 4 10,453.60 ...... 10,453.60 Robert King ...... 10/12 10/16 Russia ...... 1,984.00 ...... 8,872.17 ...... 10,856.17 Sophia King ...... 12 /12 12/15 Peru ...... 766.00 ...... (3) ...... 766.00 12/15 12/16 Chile ...... 319.00 ...... (3) ...... 319.00 12/16 12/18 Argentina ...... 599.42 ...... (3) ...... 599.42 Hon. Ron Klein ...... 11 /13 11/16 Spain ...... 1,281.00 ...... (3) ...... 1,281.00 12/12 12/14 Cyprus ...... 306.00 ...... (3) ...... 306.00 12/14 12/15 Afghanistan ...... 75.00 ...... (3) ...... 75.00 12/15 12/16 Belgium ...... 425.00 ...... (3) ...... 425.00 Jessica Lee ...... 12 /2 12 /7 Taiwan ...... 1,388.00 ...... 11,059.36 ...... 12,447.36 Vili Lei ...... 12 /4 12 /09 Italy ...... 2,475.00 ...... 8,260.83 ...... 10,735.83 Gregory McCarthy ...... 12/12 12/14 Cyprus ...... 306.00 ...... (3) ...... 306.00 12/14 12/15 Afghanistan ...... 75.00 ...... (3) ...... 75.00 12/15 12/16 Belgium ...... 425.00 ...... (3) ...... 425.00 Mary McVeigh ...... 12/2 12/7 Taiwan ...... 1,388.00 ...... 11,059.36 ...... 12,447.36 Alan Makovsky ...... 12 /15 12 /23 Israel ...... 3,448.00 ...... 7,100.30 ...... 10,548.30 Pearl-Alice Marsh ...... 11/9 11/11 Senegal ...... 530.00 ...... 530.00 11/11 11/12 Italy ...... 415.00 ...... 415.00 11/12 11/14 Germany ...... 668.00 ...... 668.00 11/9 11/14 ...... 4 16,718.35 ...... 16,718.35 12/8 12/9 Belgium ...... 341.00 ...... 341.00 12/9 12/10 Senegal ...... 269.00 ...... 269.00 12/10 12/11 Guinea-Bissau ...... 217.00 ...... 217.00 12/11 12/13 Senegal ...... 551.00 ...... 551.00 12/8 12/13 ...... 4 11,356.02 ...... 11,356.02 Hon. Gregory W. Meeks ...... 11 /6 11 /10 Colombia ...... 1,499.00 ...... 2,341.90 ...... 3,840.90 12/12 12/15 Peru ...... 766.00 ...... (3) ...... 766.00 12/15 12/16 Chile ...... 319.00 ...... (3) ...... 5 8,124.15 ...... 8,443.15 12/16 12/18 Argentina ...... 599.42 ...... (3) ...... 5 5,016.86 ...... 5,616.28 Hon. Brad Miller ...... 11 /6 11 /9 Peru ...... 1,384.12 ...... (3) ...... 1,384.12 11/9 11/11 Chile ...... 635.56 ...... (3) ...... 635.56 11/11 11/13 Paraguay ...... 372.37 ...... (3) ...... 372.37 Jonathan Cobb Mixter ...... 10/12 10/15 Malaysia ...... 500.00 ...... 13,371.44 ...... 13,871.44 12/2 12/7 Taiwan ...... 1,388.00 ...... 11,059.36 ...... 5 977.15 ...... 13,425.51 Taylor Morgan ...... 12/8 12/10 Kazakhstan ...... 679.00 ...... 679.00 12/10 12/12 Kyrgyzstan ...... 562.00 ...... 562.00 12/12 12/16 Uzbekistan ...... 824.00 ...... 824.00 12/16 12/17 United Kingdom ...... 425.00 ...... 425.00 12/8 12/17 ...... 4 13,570.93 ...... 13,570.93 Jim Nichols ...... 12/16 12/20 Poland, Georgia, Iceland ...... 1,495.00 ...... (3) ...... 1,495.00 Elisa Perry ...... 12/5 12/11 Russia ...... 2,967.00 ...... 8,770.36 ...... 11,737.36 Hon. Ted Poe ...... 11 /1 11 /2 France ...... 463.00 ...... 463.00 11/2 11/4 Georgia ...... 1,004.00 ...... 1,004.00

VerDate Nov 24 2008 02:14 Feb 27, 2009 Jkt 079060 PO 00000 Frm 00033 Fmt 7634 Sfmt 8634 E:\CR\FM\A26FE7.001 H26FEPT1 wwoods2 on PRODPC68 with HOUSE H2870 CONGRESSIONAL RECORD — HOUSE February 26, 2009 (AMENDED) REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON FOREIGN AFFAIRS, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN OCT. 1 AND DEC. 31, 2008—Continued

11/2 11/4 ...... 4 13,175.79 ...... 13,175.79 12/15 12/17 Greece ...... 631.00 ...... 631.00 12/17 12/19 Macedonia ...... 373.00 ...... 373.00 12/15 12/19 ...... 4 11,827.97 ...... 11,827.97 Peter Quilter ...... 11 /6 11 /9 Argentina ...... 595.00 ...... 3,829.90 ...... 4,424.90 11/9 11/11 Chile ...... 635.56 ...... (3) ...... 635.56 11/11 11/13 Paraguay ...... 372.37 ...... (3) ...... 372.37 David Richmond ...... 12/4 12/9 Italy ...... 2,475.00 ...... 8,260.83 ...... 10,735.83 Sheri Rickert ...... 11/24 11/28 Brazil ...... 1,212.00 ...... 8,891.30 ...... 10,103.30 12/3 12/6 Russia ...... 1,338.00 ...... 8,141.45 ...... 9,479.45 Joshua Rogin ...... 11 /10 11 /12 Austria ...... 738.00 ...... 738.00 11/12 11/13 Belgium ...... 425.00 ...... 425.00 11/10 11/13 ...... 4 8,727.49 ...... 8,727.49 Hon. Dana Rohrabacher ...... 12/2 12/5 Germany ...... 1,320.00 ...... 1,320.00 12/5 12/11 Russia ...... 2,867.00 ...... 2,867.00 12/2 12/11 ...... 4 9,283.78 ...... 9,283.78 Jule Schoenthaler ...... 11 /6 11 /9 Peru ...... 1,384.12 ...... (3) ...... 1,384.12 11/9 11/11 Chile ...... 635.56 ...... (3) ...... 635.56 11/11 11/13 Paraguay ...... 372.37 ...... (3) ...... 372.37 Daniel Silverberg ...... 12 /17 12 /18 Pakistan ...... 76.00 ...... 10,974.45 ...... 11,050.45 Hon. Albio Sires ...... 11 /13 11 /16 Spain ...... 1,281.00 ...... (3) ...... 1,281.00 Amanda Sloat ...... 10 /12 10/16 Russia ...... 1,984.00 ...... 1,984.00 10/16 10/18 Ukraine ...... 708.00 ...... 708.00 10/2 10/18 ...... 4 8,021.48 ...... 8,021.48 12/15 12/20 Bosnia ...... 1,424.00 ...... 9,276.36 ...... 10,700.36 Hon. Christopher H. Smith ...... 12 /3 12 /6 Russia ...... 1,338.00 ...... 8,141.45 ...... 9,479.45 Jason Steinbaum ...... 11 /6 11 /9 Peru ...... 1,384.12 ...... (3) ...... 1,384.12 11/9 11/11 Chile ...... 635.56 ...... (3) ...... 635.56 11/11 11/13 Paraguay ...... 372.37 ...... (3) ...... 372.37 Mark Walker ...... 11/6 11/9 Peru ...... 1,384.12 ...... (3) ...... 1,384.12 11/9 11/11 Chile ...... 635.56 ...... (3) ...... 635.56 11/11 11/13 Paraguay ...... 372.37 ...... (3) ...... 372.37 Robyn Wapner ...... 11 /6 11 /9 Peru ...... 1,384.12 ...... (3) ...... 1,384.12 11/9 11/11 Chile ...... 635.56 ...... (3) ...... 635.26 11/11 11/13 Paraguay ...... 372.37 ...... (3) ...... 373.37 Lynne Weil ...... 11/30 12 /3 Algeria ...... 826.00 ...... 826.00 12/3 12/7 Tunisia ...... 768.00 ...... 768.00 12/7 12/10 France ...... 1,031.00 ...... 1,031.00 11/9 11/11 Chile ...... 635.56 ...... (3) ...... 635.26 11/30 12/10 ...... 3 10,428.60 ...... 10,428.60 Kristin Wells ...... 11 /24 11 /28 Brazil ...... 1,212.00 ...... 7,563.30 ...... 8,775.30 Hon. Robert Wexler ...... 11 /11 11 /12 Austria ...... 369.00 ...... 369.00 11/12 11/13 Belgium ...... 425.00 ...... 425.00 11/11 11/13 ...... 4 7,610.38 ...... 7,610.38 12/2 12/4 Israel ...... 862.00 ...... 3 10,428.60 ...... 862.00 12/4 12/5 Czech Republic ...... 413.48 ...... 413.48 12/2 12/5 ...... 4 7,904.81 ...... 7,904.81 Lisa Williams ...... 12/4 12/9 Italy ...... 2,475.00 ...... 8,260.83 ...... 10,735.83 Hon. Joe Wilson ...... 12 /12 12 /14 Cyprus ...... 306.00 ...... (3) ...... 306.00 12/14 12/15 Afghanistan ...... 75.00 ...... (3) ...... 75.00 12/15 12/16 Belgium ...... 425.00 ...... (3) ...... 425.00 Brent Woolfork ...... 12 /8 12 /10 Kazakhstan ...... 679.00 ...... 679.00 12/10 12/12 Kyrgyzstan ...... 562.00 ...... 562.00 12/12 12/16 Uzbekistan ...... 824.00 ...... 824.00 12/16 12/17 United Kingdom ...... 425.00 ...... 425.00 12/8 12/17 ...... 4 13,570.93 ...... 13,570.93 Hon. Lynn C. Woolsey ...... 11/13 11 /16 Spain ...... 1,281.00 ...... (3) ...... 1,281.00 Committee total ...... 119,932.55 ...... 412,835.13 ...... 14,118.16 ...... 546,885.84 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. 3 Military air transportation. 4 Round trip airfare. 5 Indicates delegation costs. h HONORABLE HOWARD L. BERMAN, Chairman, Feb. 5, 2009. EXECUTIVE COMMUNICATIONS, evaluation of the Polytrauma Liaison/Non- 801(a)(1)(A); to the Committee on Financial ETC. commissioned Officer Program, pursuant to Services. Section 1665 of the National Defense Author- Under clause 8 of rule XII, executive 691. A letter from the Acting Assistant ization Act for Fiscal Year 2008; to the Com- Secretary for Legislative Affairs, Depart- communications were taken from the mittee on Armed Services. ment of the Treasury, transmitting notifica- Speaker’s table and referred as follows: 688. A letter from the Acting Under Sec- tion of an investment made by the Depart- 685. A letter from the Director, Program retary of Defense (Personnel and Readiness), ment through the Capital Purchase Program Dev. And Regulatory Analysis, Rural Devel- Department of Defense, transmitting the De- (CPP); to the Committee on Financial Serv- opment Utilities Programs, Department of partment’s report on the Family Subsistence ices. Agriculture, transmitting the Department’s Supplemental Allowance (FSSA) program, 692. A letter from the Secretary, Securities final rule — Amending the Water and Waste pursuant to 37 U.S.C. 402a(f); to the Com- and Exchange Commission, transmitting the Program Regulations (RIN: 0572-AC11) re- mittee on Armed Services. Commission’s final rule — INTERACTIVE ceived February 24, 2009, pursuant to 5 U.S.C. 689. A letter from the Chief Counsel, DATA FOR MUTUAL FUND RISK/RETURN 801(a)(1)(A); to the Committee on Agri- FEMA, Department of Homeland Security, SUMMARY [Release Nos.: 33-9006, 34-59391, culture. transmitting the Department’s final rule — 39-2462, IC-2861; File Number S7-12-08] (RIN: 686. A letter from the Administrator, De- partment of Agriculture, transmitting the Suspension of Community Eligibility [Dock- 3235-AK13) received February 24, 2009, pursu- Department’s final rule — Grapes Grown in a et ID: FEMA-2008-0020; Internal Agency ant to 5 U.S.C. 801(a)(1)(A); to the Committee Designated Area of Southeastern California Docket No.: FEMA-8057] received February on Financial Services. and Imported Table Grapes; Change in Regu- 17, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to 693. A letter from the Secretary, Depart- latory Periods [Doc. No.: AMS-FV-06-0184; the Committee on Financial Services. ment of Energy, transmitting notification of FV03-925-1IFR] received February 17, 2009, 690. A letter from the Chief Counsel, the Department’s intentions to increase the pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- FEMA, Department of Homeland Security, ceiling dollar amounts of the Department of mittee on Agriculture. transmitting the Department’s final rule — Energy’s (DOEs) expiring energy savings per- 687. A letter from the Assistant Secretary Final Flood Elevation Determinations formance contracts, pursuant to 41 U.S.C. for Health Affairs, Department of Defense, [Docket ID: FEMA-2008-0020] received Feb- 253(c)(7); to the Committee on Energy and transmitting the Department’s report on the ruary 17, 2009, pursuant to 5 U.S.C. Commerce.

VerDate Nov 24 2008 02:14 Feb 27, 2009 Jkt 079060 PO 00000 Frm 00034 Fmt 7634 Sfmt 0634 E:\CR\FM\A26FE7.001 H26FEPT1 wwoods2 on PRODPC68 with HOUSE February 26, 2009 CONGRESSIONAL RECORD — HOUSE H2871 694. A letter from the Acting Adminis- 230 RM-11504] received February 10, 2009, pur- poration, transmitting a copy of the Resolu- trator, Energy Information Administration, suant to 5 U.S.C. 801(a)(1)(A); to the Com- tion Funding Corporation’s Statement on Department of Energy, transmitting the De- mittee on Energy and Commerce. the System of Internal Controls and the 2008 partment’s report entitled, ‘‘Emissions of 704. A letter from the Chief of Staff, Media Audited Financial Statements; to the Com- Greenhouse Gases in the United States 2007,’’ Bureau, Federal Communications Commis- mittee on Oversight and Government Re- pursuant to Public Law 102-486, 1605(a); to sion, transmitting the Commission’s final form. the Committee on Energy and Commerce. rule — In the Matter of Amendment of Sec- 716. A letter from the Acting Assistant At- 695. A letter from the Acting Director, De- tion 73.202(b) Table of Allotments, FM Broad- torney General, Department of Justice, partment of Health and Human Services, cast Stations. (Basin, Wyoming) [MB Docket transmitting the Department’s reports enti- transmitting the Department’s first Biennial No.: 08-43 RM-11420] received February 10, tled, ‘‘Sexual Violence Reported by Juvenile Report to Congress of the NIH Director for 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to the Correctional Authorities, 2005-06’’ and ‘‘Sex- Fiscal Years 2006 and 2007, pursuant to Pub- Committee on Energy and Commerce. ual Victimization in Local Jails Reported by lic Law 109-482, section 403; to the Committee 705. A letter from the Acting Assistant Inmates, 2007,’’ pursuant to Public Law 108- on Energy and Commerce. Secretary Legislative Affairs, Department of 79, section 4(c)(1)(A); to the Committee on 696. A letter from the Director, Regulatory State, transmitting certification of a pro- the Judiciary. Management Division, Environmental Pro- posed manufacturing license agreement with 717. A letter from the Ombudsman for Part tection Agency, transmitting the Agency’s Japan (Transmittal No. DDTC 149-08), pursu- E, Department of Labor, transmitting the final rule — Enforcement Discretion Guid- ant to 22 U.S.C. 2776(d); to the Committee on Department’s 2008 Annual Report of the Om- ance Regarding the Applicability of the Bona Foreign Affairs. budsman for Part E of the Energy Employees Fide Prospective Purchaser Definiton in 706. A letter from the Acting Assistant Occupational Illness Compensation Program, CERCLA Section 101(40) to Tenants — re- Secretary Legislative Affairs, Department of pursuant to 42 U.S.C. 7385s-15(e); to the Com- ceived February 17, 2009, pursuant to 5 U.S.C. State, transmitting certification of a pro- mittee on the Judiciary. 801(a)(1)(A); to the Committee on Energy and posed manufacturing license agreement with 718. A letter from the Attorney-Advisor, Commerce. France (Transmittal No. DDTC 140-08), pur- Department of Homeland Security, transmit- 697. A letter from the Director, Regulatory suant to 22 U.S.C. 2776(d); to the Committee ting the Department’s final rule — Pollution Management Division, Environmental Pro- on Foreign Affairs. Prevention Equipment [Docket No.: USCG- tection Agency, transmitting the Agency’s 707. A letter from the Acting Assistant 2004-18939] (RIN: 1625-AA90) received Feb- final rule — Revisd Guidance on Reclassi- Secretary Legislative Affairs, Department of ruary 24, 2009, pursuant to 5 U.S.C. fication of Superfund Special Accounts — re- State, transmitting certification of a pro- 801(a)(1)(A); to the Committee on Transpor- posed manufacturing license agreement with ceived February 17, 2009, pursuant to 5 U.S.C. tation and Infrastructure. Canada and Mexico (Transmittal No. DDTC 719. A letter from the Attorney Advisor, 801(a)(1)(A); to the Committee on Energy and 136-08), pursuant to 22 U.S.C. 2776(d); to the Department of Homeland Security, transmit- Commerce. 698. A letter from the Director, Regulatory Committee on Foreign Affairs. ting the Department’s final rule — ‘‘Gasco’’ 708. A letter from the Acting Assistant Management Division, Environmental Pro- Regulated Navigation Area, Willamette Secretary Legislative Affairs, Department of tection Agency, transmitting the Depart- River, Portland, OR [Docket No.: USCG-2008- State, transmitting certification of a pro- ment’s final rule — Extension of Deadline for 0112] (RIN: 1625-AA11) received February 24, posed manufacturing license agreement with 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to the Action on Section 126 Petition From Dela- Belgium (Transmittal No. DDTC 092-08), pur- Committee on Transportation and Infra- ware [EPA-HQ-OAR-2009-0017; FRL-8774-6] re- suant to 22 U.S.C. 2776(d); to the Committee structure. ceived February 17, 2009, pursuant to 5 U.S.C. on Foreign Affairs. 720. A letter from the Attorney Advisor, 801(a)(1)(A); to the Committee on Energy and 709. A letter from the Vice Admiral, USN Department of Homeland Security, transmit- Commerce. Director, Defense Security Cooperation ting the Department’s final rule — ‘‘McCor- 699. A letter from the Director, Regulatory Agency, transmitting a notice of proposed mick & Baxter’’ Regulated Navigation Area, Management Division, Environmental Pro- lease with the Government of Singapore Willamette River, Portland, OR [Docket No.: tection Agency, transmitting the Agency’s (Transmittal No. 01-09) pursuant to Section USCG-2008-0121] (RIN: 1625-AA11) received final rule — National Emission Standards for 62(a) of the Arms Export Control Act; to the February 24, 2009, pursuant to 5 U.S.C. Hazardous Air Pollutants for Area Sources: Committee on Foreign Affairs. 801(a)(1)(A); to the Committee on Transpor- Electric Arc Furnace Steelmaking Facilities 710. A letter from the Vice Admiral, USN tation and Infrastructure. [EPA-HQ-OAR-2004-0083; FRL-8774-1] (RIN: Director, Defense Security Cooperation 721. A letter from the Attorney Advisor, 2060-AM71) received February 17, 2009, pursu- Agency, transmitting the Agency’s report on Department of Homeland Security, transmit- ant to 5 U.S.C. 801(a)(1)(A); to the Committee services performed during Fiscal Year 2008 ting the Department’s final rule — Regu- on Energy and Commerce. by full-time United States government em- lated Navigation Area and Saftey Zone, Chi- 700. A letter from the Chief of Staff, Media ployees who are performing services for cago Sanitary and Ship Canal, Romeoville, Bureau, Federal Communications Commis- which reimbursement is provided under Sec- IL [Docket No.: USCG-2008-1247] (RIN: 1625- sion, transmitting the Commission’s final tion 21(a) or Section 43(b) of the AECA; to AA11) received February 24, 2009, pursuant to rule — In the Matter of Amendment of Sec- the Committee on Foreign Affairs. 5 U.S.C. 801(a)(1)(A); to the Committee on tion 73.622(i), Final DTV Table of Allot- 711. A letter from the Acting Assistant Transportation and Infrastructure. ments, Television Broadcast Stations. Secretary Legislative Affairs, Department of 722. A letter from the Attorney — Advisor, (Santa Ana, California) [MB Docket No.: 08- State, transmitting certification of a pro- Department of Homeland Security, transmit- 250 RM-11508] received February 24, 2009, pur- posed technical assistance agreement for the ting the Department’s final rule — Draw- suant to 5 U.S.C. 801(a)(1)(A); to the Com- export of technical data, defense services, bridge Operation Regulation; Willamette mittee on Energy and Commerce. and defense articles with India (Transmittal River, Portland, OR Schedule Change [Dock- 701. A letter from the Chief of Staff, Media No. DDTC 142-08), pursuant to Section 36(c) et No.: USCG-2008-0721] (RIN: 1625-AA09) re- Bureau, Federal Communications Commis- of the Arms Export Control Act; to the Com- ceived February 24, 2009, pursuant to 5 U.S.C. sion, transmitting the Commission’s final mittee on Foreign Affairs. 801(a)(1)(A); to the Committee on Transpor- rule — In the Matter of Amendment of Sec- 712. A letter from the Acting Assistant tation and Infrastructure. tion 73.622(i), Final DTV Table of Allot- Secretary Legislative Affairs, Department of 723. A letter from the Program Analyst, ments, Television Broadcast Stations. (Clo- State, transmitting a report pursuant to Department of Transportation, transmitting vis, New Mexico) [MB Docket No.: 08-132 RM- Section 201 of Public Law 110-429; to the the Department’s final rule — Revocation of 11464] received February 10, 2009, pursuant to Committee on Foreign Affairs. Class E Airspace; Altus AFB, OK [Docket 5 U.S.C. 801(a)(1)(A); to the Committee on 713. A letter from the Chief Operating No.: FAA-2009-0001; Airspace Docket No.: 09- Energy and Commerce. Officer/ President, Financing Corporation, ASW-2] received February 24, 2009, pursuant 702. A letter from the Chief of Staff, Media transmitting a copy of the Financing Cor- to 5 U.S.C. 801(a)(1)(A); to the Committee on Bureau, Federal Communications Commis- poration’s Statement on the System of In- Transportation and Infrastructure. sion, transmitting the Commission’s final ternal Controls and the 2008 Audited Finan- 724. A letter from the Program Analyst, rule — In the Matter of Amendment of Sec- cial Statements; to the Committee on Over- Department of Transportation, transmitting tion 73.622(i), Final DTV Table of Allot- sight and Government Reform. the Department’s final rule — Update of Au- ments, Television Broadcast Stations. 714. A letter from the Director, Financial gust 2001 Overflight Fees — received Feb- (Danville, Kentucky) [MM Docket No.: 08-104 Management and Assurance, Government ruary 24, 2009, pursuant to 5 U.S.C. RM-11442] received February 10, 2009, pursu- Accountability Office, transmitting the Of- 801(a)(1)(A); to the Committee on Transpor- ant to 5 U.S.C. 801(a)(1)(A); to the Committee fice’s report on the results of the review of tation and Infrastructure. on Energy and Commerce. certificated expenditures from funds appro- 725. A letter from the Program Analyst, 703. A letter from the Chief of Staff, Media priated for fiscal year 2007 to the President Department of Transportation, transmitting Bureau, Federal Communications Commis- and Vice President for these specified pur- the Department’s final rule — Revocation of sion, transmitting the Commission’s final poses, pursuant to 3 U.S.C. 105(d) and 106(b); Class E Airspace; Rockport, TX [Docket No.: rule — In the Matter of Amendment of Sec- to the Committee on Oversight and Govern- FAA-2008-0988; Airspace Docket No.: 08-ASW- tion 73.622(i), Final DTV Table of Allot- ment Reform. 20] received February 24, 2009, pursuant to 5 ments, Television Broadcast Stations. 715. A letter from the Chief Operating U.S.C. 801(a)(1)(A); to the Committee on (Montgomery, Alabama) [MB Docket No.: 08- Officer/ President, Resolution Funding Cor- Transportation and Infrastructure.

VerDate Nov 24 2008 03:41 Feb 27, 2009 Jkt 079060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\CR\FM\L26FE7.000 H26FEPT1 wwoods2 on PRODPC68 with HOUSE H2872 CONGRESSIONAL RECORD — HOUSE February 26, 2009

726. A letter from the Program Analyst, fense Appropriations Act, 2006; to the Com- CAPITO, Mr. MARCHANT, Mr. SOUDER, Department of Transportation, transmitting mittee on Transportation and Infrastruc- Mr. CONAWAY, Mr. MILLER of Florida, the Department’s final rule — Amendment of ture. Mr. GOHMERT, Mr. LINDER, Mr. Class E Airspace; Corpus Christi, TX [Docket 737. A letter from the Acting Secretary of LOBIONDO, Mr. BISHOP of Utah, Mr. No.: FAA-2008-0987; Airspace Docket No.: 08- Labor, Department of Labor, transmitting TERRY, Mr. LAMBORN, Mr. TIBERI, Mr. ASW-19] received February 24, 2009, pursuant the Department’s first quaterly report in re- BUCHANAN, Mr. BROUN of Georgia, Mr. to 5 U.S.C. 801(a)(1)(A); to the Committee on sponse to USERRA amendments made by the ROONEY, Mr. SAM JOHNSON of Texas, Transportation and Infrastructure. Veterans’ Benefits Improvement Act of 2008; Mr. LINCOLN DIAZ-BALART of Florida, 727. A letter from the Program Analyst, to the Committee on Veterans’ Affairs. and Mr. SENSENBRENNER): Department of Transportation, transmitting 738. A letter from the Chief, Border Secu- H.R. 1206. A bill to strengthen sanctions the Department’s final rule — Establishment rity Regulations Branch, Department of against the Government of Syria, to enhance of Colored Federal Airways; Alaska [Docket Homeland Security, transmitting the De- multilateral commitment to address the No.: FAA-2008-0661; Airspace Docket No.: 08- partment’s final rule — Technical Amend- Government of Syria’s threatening policies, AAL-19] received February 24, 2009, pursuant ment to List of User Fee Airports: Addition to establish a program to support a transi- to 5 U.S.C. 801(a)(1)(A); to the Committee on of St. Augustine Airport, St. Augustine, tion to a democratically-elected government Transportation and Infrastructure. Florida [CBP Dec. 09-04] received February in Syria, and for other purposes; to the Com- 728. A letter from the Program Analyst, 24, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to mittee on Foreign Affairs, and in addition to Department of Transportation, transmitting the Committee on Ways and Means. the Committees on Ways and Means, Finan- the Department’s final rule — Revision of 739. A letter from the Chief, Trade and cial Services, Oversight and Government Re- form, and the Judiciary, for a period to be Class E Airspace; Galena, AK [Docket No.: Commercial Regulations Branch, Depart- subsequently determined by the Speaker, in FAA-2008-0957; Airspace Docket No.: 08-AAL- ment of Homeland Security, transmitting each case for consideration of such provi- 27] received February 24, 2009, pursuant to 5 the Department’s final rule — Technical Cor- sions as fall within the jurisdiction of the U.S.C. 801(a)(1)(A); to the Committee on rections Relating to the Rules of Origin for committee concerned. Transportation and Infrastructure. Goods Imported Under the NAFTA and for By Mr. PAUL (for himself, Mr. KAGEN, 729. A letter from the Program Analyst, Textile and Apparel Products [CBP Dec. 08- Mrs. BACHMANN, Mr. BARTLETT, Mr. Department of Transportation, transmitting 42] received February 24, 2009, pursuant to 5 JONES, Mr. REHBERG, Mr. POSEY, Mr. the Department’s final rule — Amendment of U.S.C. 801(a)(1)(A); to the Committee on BROUN of Georgia, Mr. POE of Texas, Class E Airspace; Atlantic, IA [Docket No.: Ways and Means. Mr. BURTON of Indiana, Mr. ABER- FAA-2008-1105; Airspace Docket No.: 08-AGL- 740. A letter from the Chief, Trade & Com- 10] received February 24, 2009, pursuant to 5 CROMBIE, and Ms. WOOLSEY): mercial Regs. Branch, Department of Home- H.R. 1207. A bill to amend title 31, United U.S.C. 801(a)(1)(A); to the Committee on land Security, transmitting the Depart- States Code, to reform the manner in which Transportation and Infrastructure. ment’s final rule — TECHNICAL CORREC- the Board of Governors of the Federal Re- 730. A letter from the Program Analyst, TIONS RELATING TO THE RULES OF ORI- serve System is audited by the Comptroller Department of Transportation, transmitting GIN FOR GOODS IMPORTED UNDER THE General of the United States and the manner the Department’s final rule — Amendment of NAFTA AND FOR TEXTILE AND APPAREL in which such audits are reported, and for Class E Airspace; Tulsa, OK [Docket No.: PRODUCTS [CBP Dec. 08-42] received Octo- other purposes; to the Committee on Finan- FAA-2008-1231; Airspace Docket No.: 08-ASW- ber 24, 2008, pursuant to 5 U.S.C. 801(a)(1)(A); cial Services. 25] received February 24, 2009, pursuant to 5 to the Committee on Ways and Means. By Ms. ROS-LEHTINEN (for herself, U.S.C. 801(a)(1)(A); to the Committee on 741. A letter from the Acting Assistant Mr. BOEHNER, Mr. CANTOR, Mr. Transportation and Infrastructure. Secretary for Import Administration, Execu- PENCE, Mr. MCCARTHY of California, 731. A letter from the Program Analyst, tive Office of the President, Office of the Mr. MCCOTTER, Mr. HOEKSTRA, Mr. Department of Transportation, transmitting United States Trade Representative, trans- KING of New York, Mr. BUYER, Mr. the Department’s final rule — Amendment of mitting the Administration’s Annual Report BLUNT, Mrs. BLACKBURN, Mr. PRICE of Class E Airspace; Corpus Christi, TX [Docket on Subsidies Enforcement; to the Committee Georgia, Mr. BURTON of Indiana, Mr. No.: FAA-2008-0987; Airspace Docket No.: 08- on Ways and Means. GALLEGLY, Mr. MACK, Mr. WILSON of ASW-19] received February 24, 2009, pursuant 742. A letter from the Chief, Publications South Carolina, Mr. BOOZMAN, Mr. to 5 U.S.C. 801(a)(1)(A); to the Committee on and Regulations Branch, Internal Revenue MCCAUL, Mr. POE of Texas, Mr. BILI- Transportation and Infrastructure. Service, transmitting the Service’s final rule RAKIS, Mrs. MYRICK, Mr. LINCOLN 732. A letter from the Program Analyst, — Revenue Procedure: Purchase Price Safe DIAZ-BALART of Florida, Mr. Department of Transportation, transmitting Harbors for Sections 143 and 25 (Rev. Proc. CONAWAY, Mr. MILLER of Florida, Mr. the Department’s final rule — Amendment of 2009-18) received February 13, 2009, pursuant GOHMERT, Mr. LINDER, Mr. PLATTS, Class E Airspace; Tulsa, OK [Docket No.: to 5 U.S.C. 801(a)(1)(A); to the Committee on Mr. LOBIONDO, Mr. BISHOP of Utah, FAA-2008-1231; Airspace Docket No.: 08-ASW- Ways and Means. Mr. TERRY, Mr. LAMBORN, Mr. TIBERI, 25] received February 24, 2009, pursuant to 5 Mrs. BACHMANN, Mr. BUCHANAN, Mr. U.S.C. 801(a)(1)(A); to the Committee on f BROUN of Georgia, Mr. ROONEY, and Transportation and Infrastructure. Mr. SAM JOHNSON of Texas): 733. A letter from the Program Analyst, PUBLIC BILLS AND RESOLUTIONS H.R. 1208. A bill to strengthen existing leg- Department of Transportation, transmitting Under clause 2 of rule XII, public islation sanctioning persons aiding and fa- the Department’s final rule — Revocation of bills and resolutions were introduced cilitating nonproliferation activities by the Class E Airspace; Rockport, TX [Docket No.: and severally referred, as follows: Government of Iran, and for other purposes; FAA-2008-0988; Airspace Docket No.: 08-ASW- By Mr. CRENSHAW (for himself, Mr. to the Committee on Foreign Affairs, and in 20] received 24, 2009, pursuant to 5 U.S.C. addition to the Committees on Financial MEEK of Florida, Mrs. MCMORRIS 801(a)(1)(A); to the Committee on Transpor- Services, Oversight and Government Reform, RODGERS, and Mr. KENNEDY): tation and Infrastructure. Ways and Means, the Judiciary, Education H.R. 1205. A bill to amend the Internal Rev- 734. A letter from the Program Analyst, and Labor, and Science and Technology, for enue Code of 1986 to provide for the estab- Department of Transportation, transmitting a period to be subsequently determined by the Department’s final rule — Establishment lishment of ABLE accounts for the care of the Speaker, in each case for consideration of Class D Airspace; Branson, MO [Docket family members with disabilities, and for of such provisions as fall within the jurisdic- No.: FAA-2008-1102; Airspace Docket No.: 08- other purposes; to the Committee on Ways tion of the committee concerned. and Means, and in addition to the Committee AGL-8] received February 24, 2009, pursuant By Mr. CARNEY (for himself, Mr. KIRK, on Energy and Commerce, for a period to be to 5 U.S.C. 801(a)(1)(A); to the Committee on Mr. MORAN of Virginia, Ms. NORTON, subsequently determined by the Speaker, in Transportation and Infrastructure. Mr. CUMMINGS, Mr. BROWN of South each case for consideration of such provi- 735. A letter from the Assistant Secretary Carolina, Mr. TAYLOR, Mr. ISSA, Mr. sions as fall within the jurisdiction of the of the Army (Civil Works), Department of MICHAUD, Ms. EDDIE BERNICE JOHNSON committee concerned. the Army, transmitting notification of of Texas, Mr. BISHOP of New York, By Ms. ROS-LEHTINEN (for herself, progress of the report for Louisiana Coastal and Ms. BORDALLO): Protection and Restoration (LACPR) that is Mr. BOEHNER, Mr. CANTOR, Mr. H.R. 1209. A bill to require the Secretary of being prepared in response to the Energy and PENCE, Mr. MCCARTHY of California, the Treasury to mint coins in recognition Water Development Appropriations Act of Mr. MCCOTTER, Mr. CARTER, Mr. and celebration of the establishment of the 2006; to the Committee on Transportation HOEKSTRA, Mr. KING of New York, Medal of Honor in 1861, America’s highest and Infrastructure. Mr. BUYER, Mr. RYAN of Wisconsin, award for valor in action against an enemy 736. A letter from the Assistant Secretary Mr. BLUNT, Mrs. BLACKBURN, Mr. force which can be bestowed upon an indi- of the Army (Civil Works), Department of PRICE of Georgia, Mr. BURTON of Indi- vidual serving in the Armed Services of the the Army, transmitting notification of the ana, Mr. ROYCE, Mr. MACK, Mr. WIL- United States, to honor the American mili- current progress of the Comprehensive Plan SON of South Carolina, Mr. MCCAUL, tary men and women who have been recipi- report on the Mississippi Coastal Improve- Mr. POE of Texas, Mr. BILIRAKIS, Mrs. ents of the Medal of Honor, and to promote ments Program (MSCIP) that is being pre- MYRICK, Mr. SHADEGG, Ms. FOXX, Mr. awareness of what the Medal of Honor rep- pared in response to the Department of De- KIRK, Mr. FRELINGHUYSEN, Mrs. resents and how ordinary Americans,

VerDate Nov 24 2008 02:14 Feb 27, 2009 Jkt 079060 PO 00000 Frm 00036 Fmt 7634 Sfmt 0634 E:\CR\FM\L26FE7.000 H26FEPT1 wwoods2 on PRODPC68 with HOUSE February 26, 2009 CONGRESSIONAL RECORD — HOUSE H2873 through courage, sacrifice, selfless service curity, for a period to be subsequently deter- H.R. 1224. A bill to improve the literacy and patriotism, can challenge fate and mined by the Speaker, in each case for con- and English skills of limited English pro- change the course of history; to the Com- sideration of such provisions as fall within ficient individuals, and for other purposes; to mittee on Financial Services. the jurisdiction of the committee concerned. the Committee on Education and Labor. By Ms. ESHOO (for herself, Mr. UPTON, By Mr. AKIN (for himself, Mr. CLAY, By Ms. HARMAN (for herself and Mr. Ms. SCHAKOWSKY, Mr. VAN HOLLEN, Mr. CARNAHAN, Mr. SKELTON, Mr. ROGERS of Michigan): Ms. BORDALLO, Mr. LANGEVIN, Mr. CLEAVER, Mr. GRAVES, Mr. BLUNT, H.R. 1225. A bill to reauthorize the Select KLEIN of Florida, Mr. MCDERMOTT, Mrs. EMERSON, and Mr. Agent Program by amending the Public Mr. WU, Mr. BURTON of Indiana, Mr. LUETKEMEYER): Health Service Act and the Agricultural Bio- KING of New York, Ms. BALDWIN, Mr. H.R. 1216. A bill to designate the facility of terrorism Protection Act of 2002 and to im- SARBANES, Mr. BISHOP of Georgia, Mr. the United States Postal Service located at prove oversight of high containment labora- YARMUTH, Mr. KENNEDY, Mr. RUSH, 1100 Town and Country Commons in Chester- tories; to the Committee on Energy and Mrs. CAPPS, Ms. HARMAN, Mr. MORAN field, Missouri, as the ‘‘Lance Corporal Mat- Commerce, and in addition to the Commit- of Virginia, Mr. MURPHY of Con- thew P. Pathenos Post Office Building‘‘; to tees on Agriculture, and the Judiciary, for a necticut, Mr. BISHOP of New York, the Committee on Oversight and Govern- period to be subsequently determined by the Mr. SENSENBRENNER, Mr. MURTHA, ment Reform. Speaker, in each case for consideration of Mr. BERMAN, Mr. FRELINGHUYSEN, Mr. By Mr. AKIN (for himself, Mr. CLAY, such provisions as fall within the jurisdic- ISRAEL, Mr. MATHESON, Mr. SESSIONS, Mr. CARNAHAN, Mr. SKELTON, Mr. tion of the committee concerned. Mrs. EMERSON, Mr. PASCRELL, Ms. CLEAVER, Mr. GRAVES, Mr. BLUNT, By Ms. HERSETH SANDLIN (for her- NORTON, Ms. MATSUI, Mr. TERRY, Mr. Mrs. EMERSON, and Mr. self and Mrs. LUMMIS): MCHUGH, Mr. GENE GREEN of Texas, LUETKEMEYER): H.R. 1226. A bill to prohibit the importa- H.R. 1217. A bill to designate the facility of Mr. HOLT, Ms. CASTOR of Florida, Mr. tion of ruminants and swine, and fresh and the United States Postal Service located at RAHALL, Mr. BOUCHER, Mr. NEAL of frozen meat and products of ruminants and 15455 Manchester Road in Ballwin, Missouri, swine, from Argentina until the Secretary of Massachusetts, Mr. FRANK of Massa- as the ‘‘Specialist Peter J. Navarro Post Of- Agriculture certifies to Congress that every chusetts, Ms. DELAURO, Mr. SESTAK, fice Building‘‘; to the Committee on Over- region of Argentina is free of foot and mouth Mr. MOORE of Kansas, Mrs. SCHMIDT, sight and Government Reform. disease without vaccination; to the Com- Ms. BERKLEY, and Mr. MORAN of Kan- By Mr. AKIN (for himself, Mr. CLAY, sas): mittee on Agriculture. H.R. 1210. A bill to amend the Public Mr. CARNAHAN, Mr. SKELTON, Mr. By Ms. EDDIE BERNICE JOHNSON of Health Service Act to provide for arthritis CLEAVER, Mr. GRAVES, Mr. BLUNT, Texas (for herself, Mr. MEEK of Flor- research and public health, and for other Mrs. EMERSON, and Mr. ida, Mr. RUSH, Mr. SESTAK, Mr. purposes; to the Committee on Energy and LUETKEMEYER): WATT, Mr. BISHOP of Georgia, Mrs. H.R. 1218. A bill to designate the facility of Commerce. CHRISTENSEN, Mr. CUMMINGS, Mr. the United States Postal Service located at By Ms. HERSETH SANDLIN (for her- DAVIS of Illinois, Mr. EDWARDS of 112 South 5th Street in Saint Charles, Mis- self, Mr. MORAN of Kansas, Mr. Texas, Mr. FILNER, Mr. HINCHEY, Ms. souri, as the ‘‘Lance Corporal Drew W. Wea- BOOZMAN, Ms. GINNY BROWN-WAITE of JACKSON-LEE of Texas, Ms. KAPTUR, ver Post Office Building‘‘; to the Committee Mr. PAYNE, Ms. SUTTON, and Ms. Florida, Ms. EDDIE BERNICE JOHNSON on Oversight and Government Reform. of Texas, Mr. BOSWELL, Mr. WU, Mrs. WATSON): By Mr. BILBRAY (for himself, Mr. FIL- MALONEY, Mr. MCDERMOTT, and Mr. H.R. 1227. A bill to waive the time limita- NER, and Mrs. DAVIS of California): tions specified by law for the award of cer- BISHOP of New York): H.R. 1219. A bill to make amendments to H.R. 1211. A bill to amend title 38, United tain military decorations in order to allow the Reclamation Projects Authorization and the posthumous award of the Medal of Honor States Code, to expand and improve health Adjustment Act of 1992; to the Committee on care services available to women veterans, to Doris Miller for actions while a member of Natural Resources. the Navy during World War II; to the Com- especially those serving in Operation Endur- By Mr. BOREN (for himself and Ms. ing Freedom and Operation Iraqi Freedom, mittee on Armed Services. FALLIN): By Mr. KING of New York (for himself, from the Department of Veterans Affairs, H.R. 1220. A bill to amend title 49, United Mr. PAUL, Mrs. BLACKBURN, Mr. and for other purposes; to the Committee on States Code, to provide certain exemptions HELLER, Mr. COBLE, Mr. BOOZMAN, Veterans’ Affairs. to drivers of intrastate commercial motor By Mr. KANJORSKI: vehicles engaged in agricultural purposes, Mr. GALLEGLY, Mr. CULBERSON, Mr. H.R. 1212. A bill to amend the Sarbanes- and for other purposes; to the Committee on WILSON of South Carolina, Mrs. Oxley Act of 2002 to provide oversight of Transportation and Infrastructure. MYRICK, Mr. BILIRAKIS, Mr. KING of auditors of brokers and dealers by the Public By Mr. BRADY of Texas (for himself, Iowa, Mr. BROUN of Georgia, Mr. AKIN, Mr. PRICE of Georgia, and Mr. Company Accounting Oversight Board, and Mr. CARTER, Mr. CONAWAY, Mr. TAYLOR): for other purposes; to the Committee on Fi- CULBERSON, Mr. EDWARDS of Texas, H.R. 1228. A bill to provide that Executive nancial Services. Mr. GOHMERT, Ms. GRANGER, Mr. SAM Order 13166 shall have no force or effect, and By Mr. GENE GREEN of Texas (for JOHNSON of Texas, Mr. MARCHANT, to prohibit the use of funds for certain pur- himself, Mr. SHIMKUS, Mr. Mr. MCCAUL, Mr. MCGOVERN, Mr. poses; to the Committee on Oversight and MCDERMOTT, Mr. SESSIONS, Mr. MCHUGH, Mr. NEUGEBAUER, Mr. PAUL, Government Reform. ORTIZ, and Mrs. BONO MACK): Mr. POE of Texas, and Mr. SMITH of By Mr. KING of New York (for himself, H.R. 1213. A bill to amend title XVIII of the Texas): Social Security Act to provide that the H.R. 1221. A bill to amend title II of the So- Mr. PAUL, Mrs. BLACKBURN, Mr. Medicare initial preventive physical exam- cial Security Act to repeal the windfall COBLE, Mr. BOOZMAN, Mr. GALLEGLY, ination not be required for a referral with re- elimination provision and protect the retire- Mr. LUCAS, Mr. CULBERSON, Mr. WIL- spect to ultrasound screening for abdominal ment of public servants; to the Committee SON of South Carolina, Mr. BARTLETT, aortic aneurysms and to provide for such on Ways and Means. Mr. WITTMAN, Mrs. MYRICK, Mr. BILI- screening with respect to at-risk Medicare By Mr. BRALEY of Iowa (for himself, RAKIS, Mr. KING of Iowa, Mr. BROUN beneficiaries between the ages of 65 and 75; Mr. KLINE of Minnesota, Mr. BOS- of Georgia, Mr. AKIN, Mr. PRICE of to the Committee on Energy and Commerce, WELL, Mr. LOEBSACK, Mr. LATHAM, Georgia, Mr. BUCHANAN, Mr. TAYLOR, and in addition to the Committee on Ways Mr. KING of Iowa, Mr. OBERSTAR, Ms. and Ms. GINNY BROWN-WAITE of Flor- and Means, for a period to be subsequently MCCOLLUM, Mr. WALZ, Mr. ida): H.R. 1229. A bill to amend title 4, United determined by the Speaker, in each case for FORTENBERRY, and Mr. PAULSEN): consideration of such provisions as fall with- H.R. 1222. A bill to provide benefits under States Code, to declare English as the offi- in the jurisdiction of the committee con- the Post-Deployment/Mobilization Respite cial language of the Government of the cerned. Absence program for certain periods before United States, and for other purposes; to the By Mr. GUTIERREZ (for himself, Mr. the implementation of the program; to the Committee on Education and Labor, and in TOWNS, Mr. MEEKS of New York, Mr. Committee on Armed Services. addition to the Committee on the Judiciary, CLAY, and Mr. SCOTT of Georgia): By Ms. FOXX (for herself, Mr. for a period to be subsequently determined H.R. 1214. A bill to amend the Truth in SALAZAR, Mr. WILSON of South Caro- by the Speaker, in each case for consider- Lending Act to establish additional payday lina, Mr. ENGEL, and Mr. KISSELL): ation of such provisions as fall within the ju- loan disclosure requirements and other pro- H.R. 1223. A bill to require the Secretary of risdiction of the committee concerned. tections for consumers, and for other pur- the Army to expand the First Sergeants Bar- By Ms. MATSUI (for herself, Mr. poses; to the Committee on Financial Serv- racks Initiative (FSBI) throughout the Army BISHOP of Georgia, Mr. MURTHA, Mr. ices. in order to improve the quality of life and MCDERMOTT, Mrs. EMERSON, Mr. By Ms. ROYBAL-ALLARD: living environments for single soldiers; to GENE GREEN of Texas, Mr. ABER- H.R. 1215. A bill to reform immigration de- the Committee on Armed Services. CROMBIE, Ms. SCHWARTZ, Mr. CON- tention procedures, and for other purposes; By Mr. GRIJALVA (for himself, Ms. YERS, Ms. HIRONO, Ms. BORDALLO, Mr. to the Committee on the Judiciary, and in ROS-LEHTINEN, Mr. HINOJOSA, and Mr. LEWIS of Georgia, Mr. FRANK of Mas- addition to the Committee on Homeland Se- FILNER): sachusetts, Mr. WOLF, Mr. KING of

VerDate Nov 24 2008 02:14 Feb 27, 2009 Jkt 079060 PO 00000 Frm 00037 Fmt 7634 Sfmt 0634 E:\CR\FM\L26FE7.100 H26FEPT1 wwoods2 on PRODPC68 with HOUSE H2874 CONGRESSIONAL RECORD — HOUSE February 26, 2009

New York, Mr. VAN HOLLEN, Mr. consideration of such provisions as fall with- tions to American music; to the Committee MCGOVERN, Ms. DEGETTE, Mr. in the jurisdiction of the committee con- on Education and Labor. ARCURI, and Ms. ESHOO): cerned. By Mr. RANGEL: H.R. 1230. A bill to amend the Public By Ms. LINDA T. SA´ NCHEZ of Cali- H. Con. Res. 67. Concurrent resolution ex- Health Service Act to provide for the estab- fornia (for herself, Mr. GRIJALVA, Ms. pressing the sense of Congress that Lena lishment of a National Acquired Bone Mar- MATSUI, Mr. JOHNSON of Georgia, Ms. Horne should be recognized as one of the row Failure Disease Registry, to authorize LEE of California, Ms. ZOE LOFGREN most popular performers of the 1940s and research on acquired bone marrow failure of California, Mr. STARK, Mr. WATT, 1950s and for her outspoken opposition to ra- diseases, and for other purposes; to the Com- and Ms. SCHAKOWSKY): cial and social injustice; to the Committee mittee on Energy and Commerce. H.R. 1237. A bill to amend chapter 1 of title on Oversight and Government Reform. By Ms. MOORE of Wisconsin (for her- 9 of United States Code with respect to arbi- By Mr. RANGEL: self and Mr. FRANK of Massachu- tration; to the Committee on the Judiciary. H. Con. Res. 68. Concurrent resolution ex- setts): By Mr. SHADEGG: pressing the sense of Congress that Clifton H.R. 1231. A bill to protect the property H.R. 1238. A bill to prohibit the presence in ‘‘Chuck’’ Sutton should be recognized for his and security of homeowners who are subject the United States of any alien formerly de- contributions as a community leader, activ- to foreclosure proceedings, and for other pur- tained at the Department of Defense deten- ist, business executive, and a role model to poses; to the Committee on Financial Serv- tion facility at Naval Station, Guantanamo young African-Americans; to the Committee ices, and in addition to the Committee on Bay, Cuba; to the Committee on the Judici- on Oversight and Government Reform. Energy and Commerce, for a period to be ary. By Ms. SCHAKOWSKY (for herself, Ms. subsequently determined by the Speaker, in By Mr. THOMPSON of Mississippi: FALLIN, Ms. BORDALLO, Ms. CORRINE each case for consideration of such provi- H.R. 1239. A bill to establish a homeowner BROWN of Florida, Mrs. CAPPS, Mr. sions as fall within the jurisdiction of the mitigation loan program within the Federal DAVIS of Illinois, Mr. FATTAH, Ms. committee concerned. Emergency Management Agency to promote GRANGER, Mr. GRIJALVA, Mr. HIN- By Mr. ORTIZ (for himself, Mr. pre-disaster property mitigation measures; CHEY, Mrs. NAPOLITANO, Ms. NORTON, HINOJOSA, Mr. CUELLAR, Ms. EDDIE to the Committee on Transportation and In- Ms. EDDIE BERNICE JOHNSON of Texas, BERNICE JOHNSON of Texas, and Mr. frastructure. Ms. KAPTUR, Ms. LEE of California, DOGGETT): By Mr. VAN HOLLEN (for himself, Mr. Mr. MCGOVERN, Mr. MOORE of Kansas, H.R. 1232. A bill to authorize the Secretary BLUNT, Mr. WALZ, and Mr. EHLERS): Mr. MORAN of Virginia, Mr. REYES, of Veterans Affairs to construct a full serv- H.R. 1240. A bill to improve and expand ge- Mr. RUSH, Mr. SCOTT of Virginia, Ms. ice hospital in Far South Texas; to the Com- ographic literacy among kindergarten SUTTON, Mr. WU, Mr. FARR, Ms. KIL- mittee on Veterans’ Affairs. through grade 12 students in the United PATRICK of Michigan, Mrs. MALONEY, By Mr. PAUL (for himself, Mrs. States by improving professional develop- Mr. NADLER of New York, and Mrs. BACHMANN, Mrs. BLACKBURN, Mr. ment programs for kindergarten through TAUSCHER): BURTON of Indiana, Mr. MILLER of grade 12 teachers offered through institu- H. Res. 194. A resolution supporting the Florida, Mr. TERRY, Mr. FRANKS of tions of higher education; to the Committee goals of International Women’s Day; to the Arizona, Mr. MCCOTTER, and Mr. on Education and Labor. Committee on Foreign Affairs, and in addi- MCCLINTOCK): By Mr. BECERRA (for himself, Ms. tion to the Committee on the Judiciary, for H.R. 1233. A bill to prohibit any Federal of- MATSUI, and Mr. SAM JOHNSON of a period to be subsequently determined by ficial from expending any Federal funds for Texas): the Speaker, in each case for consideration any population control or population plan- H.J. Res. 25. A joint resolution providing of such provisions as fall within the jurisdic- ning program or any family planning activ- for the appointment of France A. Cordova as tion of the committee concerned. ity; to the Committee on Foreign Affairs, a citizen regent of the Board of Regents of By Mr. BILIRAKIS (for himself, Mr. and in addition to the Committee on Energy the Smithsonian Institution; to the Com- CARNEY, Mr. KING of New York, Mr. and Commerce, for a period to be subse- mittee on House Administration. THOMPSON of Mississippi, Mr. quently determined by the Speaker, in each By Mr. SKELTON (for himself, Mr. MCCAUL, Mr. ROGERS of Alabama, Mr. case for consideration of such provisions as MCHUGH, Mrs. DAVIS of California, AUSTRIA, Mr. SOUDER, Mrs. MILLER of fall within the jurisdiction of the committee Mr. WILSON of South Carolina, Mr. Michigan, Mr. PASCRELL, Mr. CLEAV- concerned. MILLER of Florida, Mr. BRADY of ER, Mr. DENT, Mr. BROUN of Georgia, By Mr. PITTS (for himself and Mr. Pennsylvania, Mr. COURTNEY, Mr. AN- Mr. DANIEL E. LUNGREN of California, BRADY of Texas): DREWS, Mr. ORTIZ, Ms. BORDALLO, Mr. Ms. LORETTA SANCHEZ of California, H.R. 1234. A bill to establish and provide JOHNSON of Georgia, Mr. TAYLOR, Mr. Mr. CUELLAR, Mr. HIMES, Ms. KILROY, for the treatment of Individual Development LOEBSACK, Mr. REYES, Mr. MARSHALL, Ms. CLARKE, Ms. NORTON, Mr. MASSA, Accounts, and for other purposes; to the Mr. MASSA, Mr. SMITH of Washington, and Mr. SMITH of Texas): H. Res. 195. A resolution recognizing and Committee on Ways and Means. Mr. SPRATT, Mr. SESTAK, Mr. BART- honoring the employees of the Department By Mr. RANGEL: LETT, Ms. SHEA-PORTER, Mr. MCKEON, of Homeland Security on its sixth anniver- H.R. 1235. A bill to award a congressional Ms. LORETTA SANCHEZ of California, sary for their continuous efforts to keep the gold medal to Ray Charles in recognition of Mr. ABERCROMBIE, Mr. JONES, Mr. Nation safe; to the Committee on Homeland his many contributions to the Nation; to the AKIN, Mr. PATRICK J. MURPHY of Security. Committee on Financial Services. Pennsylvania, Mr. CONAWAY, Mr. By Mr. DUNCAN (for himself, Mr. By Mr. ROTHMAN of New Jersey (for LARSEN of Washington, Mr. SNYDER, SHULER, Mr. COHEN, Mrs. BLACKBURN, himself, Mr. HINCHEY, Mrs. CAPPS, Ms. GIFFORDS, Mr. KISSELL, Mr. Mr. COOPER, Mr. ROE of Tennessee, Mrs. MALONEY, Mrs. DAVIS of Cali- LANGEVIN, Mr. MEEK of Florida, Ms. Mr. WAMP, Mr. TANNER, Mr. GORDON fornia, Mr. MOORE of Kansas, Mr. PINGREE of Maine, Mrs. TAUSCHER, of Tennessee, and Mr. DAVIS of Ten- GEORGE MILLER of California, Ms. Mr. KRATOVIL, Mr. KLINE of Min- nessee): DELAURO, Mr. MCGOVERN, Mr. nesota, Mrs. MCMORRIS RODGERS, Mr. H. Res. 196. A resolution congratulating HASTINGS of Florida, Ms. HIRONO, Mr. COFFMAN of Colorado, Mr. LAMBORN, the University of Tennessee women’s basket- TIERNEY, Mr. SIRES, Mr. NADLER of Mr. HUNTER, Ms. TSONGAS, Ms. ball team (the ‘‘Lady Vols’’) and Head Coach New York, Mr. KIND, Mr. ABER- FALLIN, Mr. FLEMING, Mr. ROONEY, Pat Summitt on her 1000th victory; to the CROMBIE, Mr. MCDERMOTT, Mrs. Mr. MCINTYRE, Mr. BUTTERFIELD, Mr. Committee on Education and Labor. NAPOLITANO, Mr. HONDA, Mr. CARSON DAVIS of Illinois, and Ms. HARMAN): By Mr. KENNEDY: of Indiana, Ms. MCCOLLUM, Mr. BER- H. Con. Res. 64. Concurrent resolution urg- H. Res. 197. A resolution to commend the MAN, Mr. ISRAEL, Mrs. TAUSCHER, Mr. ing the President to designate 2009 as the American Sail Training Association for its SERRANO, Ms. WOOLSEY, Mr. KEN- ‘‘Year of the Military Family‘‘; to the Com- advancement of character building under NEDY, Mr. OLVER, Mr. MARKEY of mittee on Armed Services. sail and for its advancement of international Massachusetts, Mr. WEXLER, Ms. ZOE By Mr. RANGEL: goodwill; to the Committee on Transpor- LOFGREN of California, Mr. HOLT, Mr. H. Con. Res. 65. Concurrent resolution ex- tation and Infrastructure, and in addition to FARR, Mr. INSLEE, Mr. BRADY of pressing the sense of the House of Represent- the Committee on Foreign Affairs, for a pe- Pennsylvania, Mr. PATRICK J. MUR- atives that James Brown, also known as the riod to be subsequently determined by the PHY of Pennsylvania, and Mr. STARK): ‘‘Godfather of Soul’’, should be recognized Speaker, in each case for consideration of H.R. 1236. A bill to provide for the provi- for his contributions to American music as such provisions as fall within the jurisdic- sion by hospitals receiving Federal funds one of the greatest and most influential en- tion of the committee concerned. through the Medicare Program or Medicaid tertainers of the 1950s, 1960s, and 1970s as an By Mr. TERRY: Program of emergency contraceptives to American cultural icon; to the Committee on H. Res. 198. A resolution expressing support women who are survivors of sexual assault; Education and Labor. for the designation of May 7 as National In- to the Committee on Energy and Commerce, By Mr. RANGEL: formation and Referral Services Day; to the and in addition to the Committee on Ways H. Con. Res. 66. Concurrent resolution ex- Committee on Energy and Commerce. and Means, for a period to be subsequently pressing the sense of Congress that Lionel By Mr. TIAHRT (for himself, Mr. determined by the Speaker, in each case for Hampton should be honored for his contribu- CARTER, Mr. MACK, Mr. PAUL, Mr.

VerDate Nov 24 2008 03:41 Feb 27, 2009 Jkt 079060 PO 00000 Frm 00038 Fmt 7634 Sfmt 0634 E:\CR\FM\L26FE7.100 H26FEPT1 wwoods2 on PRODPC68 with HOUSE February 26, 2009 CONGRESSIONAL RECORD — HOUSE H2875

SHIMKUS, Mrs. BACHMANN, Mr. PRICE H.R. 430: Mr. RADANOVICH. H.R. 1024: Mr. LARSON of Connecticut and of Georgia, Mr. GINGREY of Georgia, H.R. 450: Mr. MACK. Mr. CLAY. Mr. BARTLETT, and Mr. MORAN of H.R. 484: Mr. GORDON of Tennessee. H.R. 1036: Mr. CARNAHAN and Ms. CORRINE Kansas): H.R. 503: Ms. ESHOO. BROWN of Florida. H. Res. 199. A resolution providing that the H.R. 521: Mr. MCCAUL. H.R. 1068: Ms. LEE of California and Ms. Congress should stop passing massive Gov- H.R. 527: Mr. FATTAH. WOOLSEY. H.R. 557: Mr. TERRY, Mrs. MYRICK, Mr. ernment bailouts; to the Committee on Fi- H.R. 1085: Mr. HALL of Texas and Mr. SHADEGG, and Mr. FLAKE. nancial Services. FRANK of Massachusetts. H.R. 574: Mr. PLATTS, Mr. MCCOTTER, and By Mr. WOLF (for himself, Mr. MAN- H.R. 1090: Ms. SUTTON and Mr. BRADY of Mr. GRIJALVA. ZULLO, Mr. FRANKS of Arizona, Mr. Pennsylvania. H.R. 616: Mr. FORTENBERRY, Mr. BOREN, Mr. MCGOVERN, Mr. SMITH of New Jersey, H.R. 1136: Mr. MCCOTTER and Mr. INGLIS. DRIEHAUS, Mrs. BLACKBURN, Mr. RAHALL, Mr. Mr. PITTS, Mr. KIRK, Mrs. MYRICK, H.R. 1150: Mr. FATTAH. CHILDERS, Mr. MANZULLO, Mr. ROGERS of Mr. DOGGETT, Ms. BORDALLO, Ms. ZOE Kentucky, Mr. BISHOP of New York, Mr. LEE H.R. 1193: Mr. BURTON of Indiana. LOFGREN of California, Mr. of New York, Mr. PLATTS, and Mr. BRIGHT. H.R. 1196: Mr. COSTA. MCCOTTER, Mr. SOUDER, and Ms. H.R. 627: Ms. ESHOO and Ms. SHEA-PORTER. H.R. 1199: Mr. BILBRAY, Mr. SESSIONS, and ESHOO): H.R. 630: Mr. KING of New York. Mr. COBLE. H. Res. 200. A resolution calling on the H.R. 636: Mr. GARRETT of New Jersey and H. Con. Res. 14: Mr. LANGEVIN, Mr. COBLE, Egyptian Government to respect human Mr. BROWN of South Carolina. Mr. LEWIS of Georgia, Mr. BACA, Mr. MILLER rights and freedoms of religion and expres- H.R. 673: Mrs. BIGGERT and Mr. CARSON of of North Carolina, Mr. CLAY, Mr. LARSEN of sion in Egypt; to the Committee on Foreign Indiana. Washington, and Mrs. NAPOLITANO. Affairs. H.R. 684: Mr. COHEN. H. Con. Res. 36: Ms. CORRINE BROWN of f H.R. 702: Mr. NADLER of New York. Florida. H.R. 723: Mr. SNYDER and Mr. SOUDER. ADDITIONAL SPONSORS H. Con. Res. 48: Ms. DEGETTE. H.R. 734: Mr. KANJORSKI, Mr. NEAL of Mas- H. Con. Res. 55: Mr. MARCHANT, Mr. Under clause 7 of rule XII, sponsors sachusetts, Mr. CARNEY, Mr. DOYLE, and Mr. MCKEON, Mr. LAMBORN, Mr. BISHOP of Utah, were added to public bills and resolu- BOSWELL. Mr. BUTTERFIELD, Mr. SENSENBRENNER, Mr. tions as follows: H.R. 814: Ms. SUTTON and Ms. SCHAKOWSKY. BARTLETT, and Mr. MCCOTTER. H.R. 815: Ms. SUTTON, Mr. MCMAHON, Mr. H.R. 17: Mr. SIMPSON. H. Res. 42: Ms. FOXX, Mr. BACHUS, Mrs. MCGOVERN, Ms. SCHAKOWSKY, Mr. HINCHEY, H.R. 22: Mr. FOSTER, Mr. SIMPSON, Mr. BLACKBURN, Mr. TERRY, Mrs. MYRICK, Mr. Mr. CROWLEY, and Mr. CONNOLLY of Virginia. ARNAHAN LEAVER HOMPSON BOSWELL, and Mr. KING of Iowa. C , Mr. C , Mr. T of H.R. 816: Mr. BILBRAY, Mr. YOUNG of Alas- ILLER H. Res. 57: Mr. ROTHMAN of New Jersey. California, Mrs. M of Michigan, and Ms. ka, and Mr. CUELLAR. H. Res. 81: Mr. BERRY. HERSETH SANDLIN. H.R. 836: Mr. SHADEGG, Mr. RADANOVICH, H. Res. 85: Mr. KIRK and Ms. FOXX. H.R. 23: Mr. BRADY of Pennsylvania, Mr. Mr. JORDAN of Ohio, Mr. SESSIONS, Mr. H. Res. 89: Mr. TIM MURPHY of Pennsyl- PAUL, Mr. LUCAS, Mr. MILLER of North Caro- BOEHNER, Mr. THOMPSON of California, Mr. vania and Mr. BISHOP of New York. lina, and Mr. WOLF. POE of Texas, Mr. BERRY, Mr. BISHOP of New H.R. 34: Mr. STARK, Ms. LEE of California, H. Res. 109: Mr. REICHERT and Mr. MOORE of York, Ms. GRANGER, Mr. COLE, Mr. MCCAUL, and Mr. HINCHEY. Kansas. Mr. HOEKSTRA, Mr. TERRY, Mr. YOUNG of H.R. 118: Mr. GARRETT of New Jersey. H. Res. 111: Mr. GARRETT of New Jersey, Alaska, Mr. WILSON of Ohio, Mr. VISCLOSKY, H.R. 131: Mrs. EMERSON. Mr. MOORE of Kansas, Mr. ROE of Tennessee, Mr. MCHUGH, Mr. MITCHELL, Mr. RAHALL, Ms. H.R. 154: Mr. KING of New York. Mrs. MALONEY, and Mr. SESSIONS. BALDWIN, Ms. BEAN, and Mr. MCCARTHY of H.R. 181: Mr. ARCURI, Mr. GRIJALVA, Ms. California. H. Res. 130: Ms. TSONGAS, Mr. VAN HOLLEN, BORDALLO, Mr. CARSON of Indiana, Mr. H.R. 848: Mr. HIGGINS and Mr. POLIS of Col- Mr. STARK, Ms. DELAURO, and Mr. IERLUISI, Mr. MCGOVERN, and Ms. MARKEY P orado. MCDERMOTT. of Colorado. H.R. 870: Mr. SESTAK. H. Res. 175: Mr. VAN HOLLEN, Mr. WAXMAN, H.R. 182: Mr. ROTHMAN of New Jersey and H.R. 903: Mr. ROGERS of Michigan and Mr. Mr. FILNER, Mr. FALEOMAVAEGA, Mr. WILSON Mr. FILNER. GENE GREEN of Texas. of South Carolina, Mr. CROWLEY, Mr. FRANK H.R. 193: Ms. SCHAKOWSKY, Mr. ELLISON, H.R. 909: Ms. LEE of California and Mr. of Massachusetts, and Ms. ZOE LOFGREN of and Mr. BLUMENAUER. HASTINGS of Florida. California. OOLSEY ERRY H.R. 211: Ms. W , Mr. T , Mr. H.R. 959: Mr. DENT and Ms. SCHWARTZ. H. Res. 178: Mr. BARROW. STARK, Mr. ALTMIRE, Mrs. CAPITO, Ms. SUT- H.R. 968: Mrs. BACHMANN, Mr. LAMBORN, H. Res. 182: Mr. YARMUTH, Mr. HONDA, and TON, Ms. KILPATRICK of Michigan, Mr. PE- and Mr. PLATTS. Mr. MILLER of North Carolina. TERS, Mr. MOORE of Kansas, Mr. LARSEN of H.R. 978: Mr. MILLER of North Carolina. H. Res. 185: Mr. RYAN of Ohio and Mr. BAR- Washington, Mr. CONYERS, and Mr. UPTON. H.R. 979: Ms. SCHAKOWSKY. ROW. H.R. 235: Mr. DAVIS of Tennessee, Ms. JACK- H.R. 981: Mr. LEWIS of Georgia. SON-LEE of Texas, Mr. BISHOP of Georgia, Mr. H.R. 982: Mr. POSEY and Mr. HOEKSTRA. f SALAZAR, Mr. LYNCH, Mr. WOLF, Mr. BISHOP H.R. 988: Ms. BALDWIN, Mr. HOLT, Mr. ROSS, of Utah, Mrs. NAPOLITANO, Mr. MURTHA, Mr. Mr. LATHAM, Mr. LOBIONDO, Mr. GRAVES, Mr. GARRETT of New Jersey, Mr. DENT, Ms. KAP- GRIJALVA, Mr. TANNER, Ms. KAPTUR, Mr. PETITIONS, ETC. TUR, Mr. DRIEHAUS, and Mr. ROSS. CHANDLER, Mr. LOEBSACK, Mr. MOORE of Kan- Under clause 3 of rule XII, H.R. 270: Ms. EDDIE BERNICE JOHNSON of sas, Ms. SUTTON, and Ms. NORTON. Texas and Ms. FOXX. H.R. 995: Ms. SLAUGHTER and Ms. WOOLSEY. 17. The SPEAKER presented a petition of H.R. 272: Mr. PATRICK J. MURPHY of Penn- H.R. 1015: Mr. GARRETT of New Jersey. the Essex County Board of Supervisors in sylvania, Mr. RAHALL, Mr. DEFAZIO, Mr. MIL- H.R. 1016: Mr. PLATTS, Mr. YOUNG of Alas- New York, relative to a resolution urging LER of North Carolina, and Ms. CORRINE ka, and Mr. HINCHEY. the Federal Government to include in the BROWN of Florida. H.R. 1017: Mr. MICHAUD. federal stimulus package funding for renova- H.R. 273: Mr. BOREN. H.R. 1019: Mr. PETERSON. tions or replacement of the Champlain H.R. 364: Mr. SHADEGG. H.R. 1023: Mrs. MYRICK, Mr. GARRETT of Bridge at Crown Point; which was referred to H.R. 375: Mr. MCCOTTER. New Jersey, Mr. BROUN of Georgia, Mr. the Committee on Transportation and Infra- H.R. 422: Mr. ROSKAM and Mr. CANTOR. HENSARLING, and Mr. BISHOP of Utah. structure.

VerDate Nov 24 2008 03:41 Feb 27, 2009 Jkt 079060 PO 00000 Frm 00039 Fmt 7634 Sfmt 0634 E:\CR\FM\L26FE7.100 H26FEPT1 wwoods2 on PRODPC68 with HOUSE 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, THURSDAY, FEBRUARY 26, 2009 No. 34 Senate The Senate met at 9:30 a.m. and was I pledge allegiance to the Flag of the MEASURES PLACED ON THE called to order by the Honorable MARK United States of America, and to the Repub- CALENDAR—S. 478, S. 482, H.R. 1105 L. PRYOR, a Senator from the State of lic for which it stands, one nation under God, indivisible, with liberty and justice for all. Mr. REID. Mr. President, I under- Arkansas. stand there are three bills at the desk f PRAYER due for a second reading. APPOINTMENT OF ACTING The ACTING PRESIDENT pro tem- The PRESIDING OFFICER. Today’s PRESIDENT PRO TEMPORE pore. The clerk will read the titles of opening prayer will be offered by guest the bills for the second time. Chaplain Rev. Dr. Charles W. Starks, The PRESIDING OFFICER. The The assistant legislative clerk read district superintendent of the clerk will please read a communication as follows: Wytheville, VA, district of the United to the Senate from the President pro Methodist Church. tempore (Mr. BYRD). A bill (S. 478) to amend the National Labor The guest Chaplain offered the fol- The assistant legislative clerk read Relations Act to ensure the right of employ- the following letter: ees to a secret-ballot election conducted by lowing prayer: the National Labor Relations Board. Let us pray. U.S. SENATE, A bill (S. 482) to require Senate candidates As we pray, we remember the wisdom PRESIDENT PRO TEMPORE, to file designations, statements, and reports of Proverbs 24:10, ‘‘If you falter in Washington, DC, February 26, 2009. in electronic form. times of adversity, your strength is too To the Senate: A bill (H.R. 1105) making omnibus appro- small.’’ Under the provisions of rule I, paragraph 3, priations for the fiscal year ending Sep- O loving and eternal God, we are of the Standing Rules of the Senate, I hereby tember 30, 2009, and for other purposes. appoint the Honorable MARK L. PRYOR, a humbled and grateful for the privilege Mr. REID. Mr. President, I would ob- of gathering here in Your presence. We Senator from the State of Arkansas, to perform the duties of the Chair. ject to any further proceedings with re- lift up to You our President, Barack ROBERT C. BYRD, spect to these bills en bloc. Obama, and Vice President, JOE BIDEN. President pro tempore. The ACTING PRESIDENT pro tem- We lift to you, O God, each elected, ap- Mr. PRYOR thereupon assumed the pore. Objection is heard. The bills will pointed, and employed public servant chair as Acting President pro tempore. be placed on the calendar. at each level of government across f these United States. f And this day, O God, we particularly RECOGNITION OF THE MAJORITY RESERVATION OF LEADER TIME intercede on behalf of the women and LEADER The ACTING PRESIDENT pro tem- men of this Senate. We pray for these pore. Under the previous order, the Senators to stand in unity of purpose, The ACTING PRESIDENT pro tempore. The majority leader is recog- leadership time is reserved. like great and sturdy trees in the face f of the swirling and perilous storms of nized. this day. We ask for the roots of their f DISTRICT OF COLUMBIA HOUSE VOTING RIGHTS ACT OF 2009 strength, courage, and wisdom to be SCHEDULE nourished in Your abundant grace, The ACTING PRESIDENT pro tem- even the grace of Jesus, who reminds Mr. REID. Mr. President, following pore. Under the previous order, the us to treat others in the same manner leader remarks, the Senate will resume Senate will resume consideration of S. we desire to be treated. From that rich consideration of the District of Colum- 160, which the clerk will report by grace, O God, allow these Senators the bia House Voting Rights Act. At 10:30, title. privilege of bearing good fruit which the Senate will proceed to a rollcall The assistant legislative clerk read will be a blessing to the people of this vote in relation to the Kyl amendment as follows: regarding retrocession. Additional roll- great land and Your entire good Earth. A bill (S. 160) to provide the District of Co- O God, we lift this prayer to You, our call votes are expected to occur lumbia a voting seat and the State of Utah Creator, Redeemer, and Sustainer who throughout the day. an additional seat in the House of Represent- loves us this day and for all times. Last night, I filed cloture on the bill. atives. Amen. If we are unable to complete action on Pending: the bill today, the cloture vote will f Ensign amendment No. 575, to restore sec- occur tomorrow. Under rule XXII, the PLEDGE OF ALLEGIANCE ond amendment rights in the District of Co- cloture rule, the filing deadline for ger- lumbia. The Honorable MARK L. PRYOR led mane first-degree amendments is 1 Coburn amendment No. 576 (to amendment the Pledge of Allegiance, as follows: o’clock today. No. 575), of a perfecting nature.

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

S2507

VerDate Nov 24 2008 03:04 Feb 27, 2009 Jkt 079060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A26FE6.000 S26FEPT1 smartinez on PROD1PC64 with SENATE S2508 CONGRESSIONAL RECORD — SENATE February 26, 2009 Thune amendment No. 579, to amend chap- able to have their voice heard here in ment—and I am glad to see Senator ter 44 of title 18, U.S. Code, to allow citizens the Congress of the United States. I KYL has returned to the floor. I don’t who have concealed carry permits from the support this bill because it moves us in know how Senator KYL would feel if I State or the District of Columbia in which the right direction. But I must tell they reside to carry concealed firearms in introduced an amendment that said, another State or the District of Columbia you, I believe the people of the District perhaps, Arizona’s borders should that grants concealed carry permits, if the should have two Members of this body, change a little bit because it makes individual complies with the laws of the two U.S. Senators, and a voting Mem- more sense to do it that way, and there State or the District of Columbia. ber of Congress, and I know we tried to is no need to talk to the Senators from Kyl amendment No. 585, to provide for the do that in the 1970s with a constitu- Arizona about it or the government of retrocession of the District of Columbia to tional amendment. I was proud at that Arizona, we are just going to do it. I do the State of Maryland. time to be a State legislator in Mary- not think that is the right thing to do. The ACTING PRESIDENT pro tem- land as speaker of the Maryland House. So I am somewhat puzzled. I must pore. Under the previous order, the We passed and ratified that constitu- tell you, to me, it is a matter of an un- time until 10:30 will be equally divided tional amendment because we thought funded mandate on my State. It is a and controlled between the Senator it was the right thing for the District matter of what federalism is about. It from Arizona, Mr. KYL, and the Sen- to have full representation in this body is a matter of States rights, and it is a ator from Connecticut, Mr. LIEBERMAN, and to have a voting representative in matter of common decency. or their designees. the House of Representatives. Now, I read the amendment coming The Senator from Connecticut is rec- So this legislation, as I said, moves over, and I am not sure how these lines ognized. in the right direction. It gives the peo- were drawn, but I would have thought, Mr. LIEBERMAN. Mr. President, ple of the District a voting Representa- if Maryland were to get the District, under the previous order, the Senate tive in the House of Representatives. will now move to the Kyl amendment, we would at least get the Kennedy Cen- That, we should do. And then it even ter. But it looks as if they took the I believe, on retrocession, not to be goes further, recognizing the political Kennedy Center out, for reasons I can- confused with retrogression, although sensitivity of having another Congress- not explain. I do not know how these there may be some similarity between man who may represent one political lines were drawn. So perhaps my friend the two. party. Since the District registration is will help me understand this better and I am looking at the Senator from heavily Democratic, the compromise is understand whether the courtesies of Maryland, who will rise to the defense to give another Representative to the the Senate mean you can put legisla- in a moment. State of Utah because they are the As my colleagues know, last night closest to having been able to obtain tion in affecting the borders of one the majority leader filed a cloture mo- another Representative and the reg- State or another without even having tion on this bill, S. 160, the District of istration in Utah is heavily Repub- the courtesy to talk to the Members of Columbia House Voting Rights Act. We lican. So it balances it from a political that State. I can tell you that Maryland very made some progress yesterday. There point of view. I understand that is how are a few amendments still pending. the system works here. I think this is much works very closely with the Obviously, it is our hope that we will a fair compromise. What I do not un- Mayor of Washington and the people of be able to complete the bill today and derstand is why we are getting all of the District. We have a wonderful re- hopefully not have to go to the cloture these other amendments on this bill as gional governmental organization. We vote. But that depends on our col- an effort to try to kill the underlying work cooperatively on providing serv- leagues. bill. Let’s have an up-or-down vote on ices to the people of this region. We So I would yield on the pending Kyl it. have an excellent relationship. We sup- amendment to the distinguished Sen- The people of the District have been port giving the people of the District ator from Maryland. waiting a long time. I think it is the representation in Congress because it The ACTING PRESIDENT pro tem- right thing for us to do to say: Let’s is the right thing to do, and we want pore. The Senator from Maryland. give them a vote. Let’s get rid of these them to have their own Representa- AMENDMENT NO. 585 amendments because these amend- tives here. We think it is a wrong sug- Mr. CARDIN. I thank my friend from ments are not aimed at trying to solve gestion to now say: Oh, we can solve Connecticut for his leadership on this the problem, they are aimed at trying this problem by changing the borders issue. Let me tell my colleagues, I to defeat the bill, which brings me to of the State of Maryland for that. think this is a major human rights the amendment offered by Senator KYL I urge my colleagues to reject the issue. I have the opportunity of rep- that is currently pending. Kyl amendment and let us get on with resenting this body as the chairman of I find this amendment somewhat sur- passing this very important bill for the Helsinki Commission. The Helsinki prising. Let me tell you why. It would Americans who have been denied a Commission deals internationally with cede the District back to the State of voice in the Congress of the United issues of human rights. It is interesting Maryland. It would change the border States. that the United States has taken the of my State that I represent in this I yield the floor. leadership on protecting the rights of body. Now, I would have thought— The ACTING PRESIDENT pro tem- individuals to vote and to be able to de- maybe I am naive about this—that if a pore. The Senator from Arizona is rec- termine their own government. So we Senator was introducing an amend- ognized. have invested a lot of resources in the ment which would change the border of Mr. KYL. Mr. President, if the Sen- Helsinki Commission to protect steps a particular State, that he would talk ator from Maryland has a moment, I to monitor elections around Europe to the Senators from that State, he would be very happy to respond to and central Asia and to fight for mi- would talk to the Governor from that some of the concerns he raised. They nority communities to have the right State, he would try to work with the are all legitimate questions, I acknowl- to vote and to have open and honest Representatives from that State be- edge up front. No State should have voting. cause if this amendment were adopted, territory foisted upon it. That is abso- Let me tell you, last year there was it would affect every single person in lutely true. And the questions raised a resolution filed in our Parliamentary Maryland. Our formulas for aid to our here were good questions. Assembly of the CSCE to encourage counties and Baltimore City are based First of all, the amendment before us America to give the people of the Dis- upon population. If all of a sudden is an amendment that has frequently trict of Columbia the right to vote. The Maryland grows by a couple hundred been offered in the House of Represent- international community understands thousand people, it affects the way our atives. It has been vetted over there for that we are out of compliance with counties operate essential services. Yet a long time. So this is not something basic international norms on giving there was no effort made by the author new. our citizens the right to participate in of this amendment to consult with the Secondly, it is absolutely clear from their parliament. political leadership of my State. section 6 of the amendment that noth- So I look at this bill first as a basic I do not know how another Senator ing happens with regard to retrocession right, that every American should be would feel if I introduced an amend- unless the State of Maryland agrees.

VerDate Nov 24 2008 00:45 Feb 27, 2009 Jkt 079060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G26FE6.001 S26FEPT1 smartinez on PROD1PC64 with SENATE February 26, 2009 CONGRESSIONAL RECORD — SENATE S2509 The effectiveness provision reads as that is not as important as the funda- the history and traditions, much of follows: mental political jurisdictional issue we that funding would naturally carry Not later than 30 days after the State of are facing here. The question of ret- over to future years. There is no way Maryland enacts legislation accepting the rocession is a fundamental issue, and it the Federal Government is not going to retrocession described in section 1(a), the has to do with a fundamental right the fund all of the national areas that are President shall issue a proclamation an- District of Columbia residents would retained in this legislation. nouncing such acceptance. have to participate in State govern- As the District’s Delegate NORTON Unless the State of Maryland affirm- ment. I recognize there are some dif- said in a press release recently, much atively, through an act of the people’s ferences, but I offer that first response. of the money in the stimulus bill that representatives of that State, vote to Second, I am not presupposing any- is going to refurbish or construct office do this, there is no retrocession to the thing with the amendment. The ques- buildings that are Federal Government State of Maryland. tion will always be before the Mary- buildings provides employment oppor- That answers the question of States land electorate whether they want to tunities for the residents of the Dis- rights. do this. I don’t know whether the trict. While we should obviously be Mr. CARDIN. Will the Senator yield? Maryland electorate wants to do this. I sensitive to any issues of transfer, if Mr. KYL. Of course. presume there would be a debate. The the State of Maryland were to accept Mr. CARDIN. Does he believe it is result of that debate, decided by the the residents of the District of Colum- fair to say to the people of the District people of Maryland or their elected bia, it is a very legitimate point, and of Columbia that their right to have a representatives, would be dispositive all of those things are appropriate for voice in the House of Representatives on the question. Nobody is foisting discussion. depends upon the will of the people of anything on anyone. I would be the On the matter of the unfunded man- Maryland? first to say: If the people of Maryland date, it would probably work the other Mr. KYL. I say to my colleague, the don’t want the residents of the District way around, that Maryland would re- first point he made was that the State to be part of the State of Maryland, ceive a lot of money from the Federal of Maryland should have a say in this, then the Congress would have to be in- Government. In any event, the Federal and it should be a definitive say. If the formed by that decision. I would think national areas that would be receiving State of Maryland doesn’t want the it would be dispositive. the amount of money that they natu- residents of the District of Columbia to Could I respond to a couple other rally do would certainly help the resi- be part of the State, that informs our points first and then I will be happy to dents who work here in what is now the decision about what the people of the engage in a further colloquy. District of Columbia. State of Maryland want. I wouldn’t On the matter of the way the lines There is nothing in this amendment force that decision upon them any were drawn, the history of this is that that is intended to jam anything down more than the Senator suggests should the so-called national areas, the areas the throats of the people of Maryland. be the case. The State of Maryland where the Federal buildings, various They have the final and ultimate say of should have that say. If the Senator is Government departments are located, what is done. I wouldn’t propose any- saying: I can tell you right now Mary- the Mall, the monuments and those thing different from that. landers don’t want these folks from the sorts of things, would not be part of the Mr. CARDIN. Will the Senator yield? District as part of their State, we retrocession. The bulk of the bill draws Mr. KYL. Absolutely. ought to know that by a definitive those lines. I can’t tell my colleague Mr. CARDIN. Let me make a brief process rather than assuming it to be exactly what the philosophy was with comment with regard to the mandate the case going into the debate. That respect to each of those areas. Any on Maryland. Maryland would be under would be my response. question about what should or should tremendous pressure to change funding Mr. CARDIN. Will my colleague yield not be in, be it the Kennedy Center or formulas consistent with what aid the further? anything else, is a legitimate subject District currently receives. It would Mr. KYL. I am happy to engage in a of discussion. It could be the subject of have a major impact on the ability of colloquy. amendment. This has been a matter our State to carry out its fundamental Mr. CARDIN. I am wondering how my that has been not frequently but not aid formulas to local governments, colleague would feel if legislation was infrequently debated in the House of considering how significant the Dis- introduced here by a Senator not from Representatives. So there is some his- trict would be, the population, relative Arizona saying: I understand what the tory of the rationale behind the line to the State of Maryland. people of Arizona want better than the drawing. But with respect to where any The second point is, I can tell you Senator does. I want to introduce a bill of these particular lines are drawn, ob- how the people of Maryland feel. They affecting land rights or property rights viously, the Senators from Maryland believe the residents of the District of or anything in the State of Arizona, should be key in helping us to decide Columbia should have their voting rep- and I will make it subject to the vote where those lines would be. There is resentative in the House of Representa- of the people of Arizona. It will change nothing locked in stone here that could tives. That is how the members of our the border area a little bit, and I know not be considered the subject of an congressional delegation have acted. you don’t want this, but I am going to amendment. That is how Senators are acting. We do it anyway. I am curious how the Finally, with respect to the unfunded know that is what the District wants. Senator would respond if such legisla- mandate part, I am not sure it We agree with that. I hope we can get tion was introduced and the Senator wouldn’t work the other way around. I an up-or-down vote on this bill and who introduced it said: I am allowing cited a couple days ago the statistics let’s move forward. your Governor to take it to the people. about the money that the Government I thank the Senator for yielding. I know there will be a lot of pressure provides for the District of Columbia. Mr. KYL. If I may make one other building up on that. But it is not rel- Some of that money has to do with the point, we will have an up-or-down vote evant to the Senators from Arizona. running of these Government depart- on this amendment at 10:30 and on the Mr. KYL. Mr. President, my col- ments, the construction of buildings, bill, of course. I want to conclude my league makes a good point. I will re- maintenance of the buildings, and so comments to the Senator, because he, spond in two ways. First, I appreciate on, but much of it does not. Much of it obviously, has a good sense of what the the sentiment and would hope that has to do with what the Constitution people of Maryland want. I concede when western land issues are dealt provides as to the general welfare of that. Again, I concede the premise of with in this body, our eastern col- the people within the District. I sus- his point which is that the people of leagues would apply that same prin- pect that under any scenario, the Maryland should have a say before this ciple. Frequently, there is a sense that money that has been provided to the is done. The reason for the amendment folks in the east know best about what District of Columbia would still be far is simply this: We believe it is uncon- we should be doing with Federal lands in excess of the money returned to any stitutional for the Congress to simply in the west. I certainly respect that of the several States. And because of provide a congressional district with- sentiment. Obviously, in some respects, the unique nature of the District and out an amendment to the Constitution.

VerDate Nov 24 2008 00:45 Feb 27, 2009 Jkt 079060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G26FE6.002 S26FEPT1 smartinez on PROD1PC64 with SENATE S2510 CONGRESSIONAL RECORD — SENATE February 26, 2009 I personally think the residents of the for the reasons that the Senator from recently with Capitol Police and asked District should be represented in the Maryland made clear, this is not a them about the overlapping jurisdic- House. The only other way to do that, practical solution to the problem be- tion: Where, for example, does the Cap- for those of us who believe it is uncon- fore us, the longstanding injustice. itol Police jurisdiction end and where stitutional to pass the legislation pend- It requires the consent of the people does the DC Police jurisdiction begin, ing before us, and a court will in rel- of Maryland, and all their leaders tell and so on? They have all these things atively short order make a determina- us that the people will not support it. worked out. I do not think there is any tion on whether that is true, and let’s So it may be a solution on paper, but it difficulty with those kinds of technical assume that the court says, you can’t is not going to be a solution and a fix issues. But there will be, undoubtedly, do it, Congress, by simple legislation, to the problem in fact. It is also full of others that will have to be addressed as then short of a constitutional amend- complications that would ensue. well. ment, this is the only other way to For instance, section 2 of the amend- Secondly, my colleague is correct, in achieve the objective. It is presented in ment would automatically transfer all order to avoid the anomalous situation good faith. It is presented as the only pending legal actions in the District of where a few people who might be tech- other logical alternative for the resi- Columbia to an ‘‘appropriate Maryland nically residents downtown and not dents of the District of Columbia to court.’’ We can only imagine the legal have other residence downtown—being have their own congressional district. and political tangle that could create in the Federal areas or national areas Because of the number of people who given that Maryland and the District as described in this legislation—we live in the District, something over actually have distinct legal structures, would have to eliminate the twenty- 600,000, and because the representation rules, and precedents. Section 3 of the third amendment to make sure those from House congressional districts amendment describes at some length people would not have three electoral today is approximately a shade over the boundaries of a small but still siz- votes for the Presidency. I cannot 600,000, the fact is that the residents of able national capital service area that imagine that if retrocession did occur the District could have a district of would continue to be controlled by the citizens of the country would not their own or essentially exactly as the Congress and which would consist of follow through on that essentially District is configured today without key Federal buildings and monuments. technical issue and approve the reces- presumably modifying the lines of There are complications there too. Who sion of the twenty-third amendment. other Maryland districts. Of course, would police and maintain those But it is one of the things that will that would be up to the State of Mary- streets and otherwise administer this have to be done. That is absolutely land in the way that it sets its congres- large swath of downtown Washington? true. sional district lines. As has been said, it would require a Again, I will conclude by saying, for Mr. CARDIN. Will the Senator yield constitutional amendment to repeal those of us who believe it would be on that point? amendment XXIII which granted the preferable for the residents of the Dis- Mr. KYL. I am happy to. District of Columbia three electoral trict to have their own representative Mr. CARDIN. Having served in the votes in Presidential elections. If in the House of Representatives and, in House and also going through redis- amendment XXIII were not repealed, fact, to be able to vote for Senators, tricting, the courts are now requiring presumably the effect would be to and have that representation as well, if an exact number of equality. So it grant a disproportionately large role in they are part of a State—if, in fact, the would be improbable that the lines Presidential elections to a relatively underlying legislation is unconstitu- would remain the same. small population that would continue tional, as many of us believe it is—then Mr. KYL. I said that is why it would to reside in that national capital serv- this amendment offers a constructive be ‘‘almost.’’ You might have to in- ice area and that would remain under way to achieve the same result, I would clude a few residents of what are now congressional control. In fact, the suggest, with very little in the way of Maryland within the District, and I ac- amendment recognizes this and, there- adjustment, but with some adjustment knowledge that to be the case. In any fore, would not become effective until that would have to occur—again, sub- event, I accept the fundamental such a repeal amendment to the Con- ject solely to the approval of the people premise of the Senator. Our amend- stitution is ratified. of the State of Maryland. ment addresses that specifically. My As I have said, this is an alternative I say to our colleagues, this vote is hope would be that if the courts should solution to the problem. I appreciate it scheduled for 10:30, so if there are peo- declare that we cannot by legislation in that it would, if it overcame the ob- ple who want to discuss other amend- do what this bill attempts, then the stacles, actually be a remedy, but it is ments or other matters, or to further people of Maryland would strongly con- not the right or realistic remedy to the debate this amendment, this would be sider whether the next best alternative injustice of nonvoting representation a good time to do so. is to provide for the retrocession we in Congress for residents of the Dis- Mr. LIEBERMAN. Mr. President, I have in this amendment as the next trict. The right and reasonable and re- thank my friend from Arizona. He is best way to provide a vote for the resi- alistic solution is the underlying bill absolutely right. I have been informed dents of the District of Columbia. before us, S. 160. That is why I oppose that the senior Senator from Delaware I yield the floor. the amendment and urge the passage of is on his way to the floor to speak on The ACTING PRESIDENT pro tem- the bill. this amendment. But I echo what Sen- pore. The Senator from Connecticut. The ACTING PRESIDENT pro tem- ator KYL has said, that we have some Mr. LIEBERMAN. Mr. President, I pore. The Senator from Arizona. other pending amendments. The floor thank the Senator from Arizona and Mr. KYL. Mr. President, let me re- is open until the vote at 10:30, and I the Senator from Maryland for a spond to two points my colleague urge our colleagues to come and take thoughtful discussion. I rise to oppose made, and they are both legitimate advantage of that opening. amendment No. 585, offered by the Sen- questions. The first is some of the tech- With that, Mr. President, I suggest ator from Arizona. Unlike some of the nical problems. I am sure there are a the absence of a quorum. other amendments pending, this one lot of technical problems we have not The ACTING PRESIDENT pro tem- goes to the heart of what the under- even thought about that would attend. pore. The clerk will call the roll. lying bill that came out of committee This is a big change. Whether you The assistant legislative clerk pro- is all about, which is how do we give adopt the underlying legislation or you ceeded to call the roll. voting rights in Congress to 600,000 go through a process such as retroces- Mr. CARPER. Mr. President, I ask Americans who happen to live in our sion, there will have to be a lot of ad- unanimous consent that the order for Nation’s Capital who don’t have such justments and accommodations, to be the quorum call be rescinded. representation now. I disagree with the sure. The ACTING PRESIDENT pro tem- method, but I appreciate the fact that But on questions such as, for exam- pore. Without objection, it is so or- this is not germane in a parliamentary ple, policing the Mall and so on, those dered. sense, but it is directly relevant to the things are already well understood and Mr. CARPER. Mr. President, yester- underlying injustice and inequity. But resolved. For example, I have spoken day morning, at about 8 o’clock, down

VerDate Nov 24 2008 00:45 Feb 27, 2009 Jkt 079060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G26FE6.003 S26FEPT1 smartinez on PROD1PC64 with SENATE February 26, 2009 CONGRESSIONAL RECORD — SENATE S2511 in, I think, S. 115, there was a prayer But Barry Black, our Chaplain, often None of us is suggesting that there breakfast. Actually, that happens challenges us in the Senate—Demo- ought to be two Senators representing about every week. And for many weeks crats and Republicans—and not just folks from the District of Columbia. In in the last year or two, our Acting there, but, later today, in our Bible allowing the delegate to become sort of President pro tempore was one of two study class, and also at the Wednesday a full-fledged U.S. Representative over Members—one a Democrat and one a morning prayer breakfast, and in the House, there is a trade that—we Republican—who brought people to- throughout the week—he is always would expect that person to be a Demo- gether for an hour of fellowship. They challenging us: How should we use our crat, at least initially; maybe someday would have breakfast together and sing faith to help guide us in the decisions Republican—but the idea would be to a hymn—or at least try to sing a we make? provide an additional Republican rep- hymn—or a song of some kind, and The other thing he is good at doing is resentative, in this case from the State they would share their story, if you reminding us, about every other week, of Utah. That seat may become a will, their spiritual journey with one of the two great Commandments in the Democratic seat. I wouldn’t want to another. New Testament. The first: Love Thy bet my paycheck on it, but it might. I usually do not get to go to those; I Lord Thy God with all thy heart, all So we are trying to come up with an am on a train coming down from Wil- thy soul, all thy mind. And the second equitable, a fair, a reasonable com- mington, DE. But I have been a time or one is: To love thy neighbor as thy- promise. Isn’t politics the art of com- two, and I find it very uplifting. There self—which we also call the Golden promise? This is a compromise. is a smaller gathering that will occur Rule: Treat others the way we want to There are some who have suggested today a little after noon, right here off be treated. Chaplain Black likes to say that is unconstitutional. I am not a the Senate floor, and it will be a group the ‘‘CliffsNotes’’ of the New Testa- constitutional expert. I know a lot of ment is the Golden Rule: Treat other convened by our Chaplain, Barry smart people have considered it. We people the way we want to be treated. Black, who is a retired Navy rear admi- will have an opportunity—if this legis- When I run into great leaders in my lation is passed and signed by the ral. He used to be Chief of Chaplains for life, in this country and in other coun- the Navy and the Marine Corps. President, there will be an opportunity tries, a lot of times the good leaders for an expedited process and the Fed- What we have is a little bit like an are those who actually internalize the adult Sunday school class. There are eral courts, the appropriate courts will Golden Rule, who do try to treat others determine whether this measure, this people of different faiths who show up. the way they want to be treated. I am Sometimes we may have five or six or statute actually is constitutionally pleased to say that the two Senators sound. My hope is it will be. A lot of seven or eight or nine people there, who are here on the floor right now Democrats and Republicans. forethought has gone into this issue al- certainly embody that rule too. ready. I always like to tell the story that How does that pertain to the legisla- happened about a couple years ago, In closing, let me say in the minute tion before us? Well, I think it pertains or so that is left on our side, I wish to when we were having orientation for to the legislation before us because new Senators—something our Acting thank Senator LIEBERMAN for his there are about 600,000 people who live steadfast leadership on this issue and President pro tempore has been a part in the District of Columbia. Some of of establishing—but we had a last ses- for making it not just a bipartisan them actually work here with us, but issue but a tripartisan issue, by mak- sion of orientation for new Senators—I they live here in the District of Colum- think it was about 2004, right after the ing sure we have both Republicans and bia and they pay taxes. They pay Fed- Democrats and Independents such as election—a last session where John eral taxes. They don’t get to vote. Breaux, a Democrat, was leaving and himself and BERNIE SANDERS to weigh They don’t have a vote here in the Sen- in and to support this legislation; not Don Nickles, a Republican, was leaving ate. They don’t have a Representative, the Senate, and they both were talking just to offer the bill but actually to if you will, who can vote for them and stand up and call on the rest of us to do to our new Senators and their spouses for their interests and concerns in the about bridging the partisan divide. what we know in our hearts is fair and House of Representatives. just, and to put ourselves in the shoes Don Nickles talked—he has a great Delaware has about 850,000 people, so sense of humor; so does John Breaux, of the folks who live here in Wash- we have a few more people than the ington, DC and who work and pay their as we know—and Senator Nickles was District of Columbia. There are some about to leave the Senate. He was talk- taxes and who deserve a full-fledged other States that have fewer people vote, at least in the House of Rep- ing to the Democrats and Republicans than we do. There is actually probably who had just arrived, and their spouses, resentatives. We will wait another day a State or two that has fewer people to take up that battle here in the Sen- and he said: You all ought to think living in it than does the District of about going to this Bible study group. ate. Columbia. I won’t call out those States That having been said, I yield back It is uplifting. It is inspiring. It is re- here this morning. They are pretty big my time. freshing. You get to know your col- in geography but not so big in popu- The ACTING PRESIDENT pro tem- leagues better. It does not take that lation. They have two Senators and at pore. The time for the majority has ex- much time every week. He said: You least one U.S. Representative. Whether pired. ought to try to do it. TOM CARPER and the issue is foreclosures, budget, or Mr. LIEBERMAN. Mr. President, see- I go to that Bible study group. He is a stimulus package, they have somebody ing no one on the other side in the Democrat and I am a Republican. here to vote, to represent them, to Chamber, I ask unanimous consent to He said: Week after week, month speak on the floor and to offer legisla- speak for no more than 5 minutes, after month, you sit together, you read tion, amend legislation, and to vote on probably less. Scriptures together, you talk and share legislation. We saw in the stimulus The ACTING PRESIDENT pro tem- with one another your thoughts and package how critical one or two votes pore. Without objection, it is so or- problems and what you are facing in can be. The District of Columbia has dered. your life. You pray for each other. He nobody here and they have nobody vot- Mr. LIEBERMAN. I thank the Chair. said: You know, after I do that, it is ing for them in the House. They have a I will yield if anyone on the other side hard to walk out on the Senate floor delegate—a very good one—who can comes in. and stab TOM CARPER in the back. He vote in committee, offer legislation, I thank my friend from Delaware for said: It is not impossible, but it is hard. offer amendments, and introduce bills, his very eloquent and thoughtful state- One of the other things that is hard but can’t actually vote when the time ment. The pending amendment is on is for us to actually figure out how our comes. There is something about that retrocession. As the Senator began his faith should guide us in the decisions that seems unfair to me. It seems un- remarks about the Bible study and we make here. I am always inspired by fair to me. I think it certainly seems prayer groups, I thought he was going the depth of conviction of the floor unfair to the sponsor of the bill, Sen- to talk about redemption and not ret- manager, the chief sponsor of this bill, ator LIEBERMAN, and to a lot of people rocession, but he got to the point. I Senator LIEBERMAN, and how his faith who cosponsored the legislation, as must say, if I may continue the argu- guides him in the work we do here. have I. ment the Senator from Delaware made

VerDate Nov 24 2008 00:45 Feb 27, 2009 Jkt 079060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G26FE6.005 S26FEPT1 smartinez on PROD1PC64 with SENATE S2512 CONGRESSIONAL RECORD — SENATE February 26, 2009 very eloquently in two ways, S. 160, the The PRESIDING OFFICER. Is there a to speak as in morning business, and underlying bill, does provide—please sufficient second? There is a sufficient my colleague, the Senator from Iowa, I allow me some license here for a kind second. believe, wishes to speak as in morning of political redemption—for the voters The clerk will call the roll. business after that, as indicated by the of the District of Columbia who up The legislative clerk called the roll. manager of the bill. until this time have been denied a vot- Mr. DURBIN. I announce that the The PRESIDING OFFICER. Without ing representative in Congress. The Senator from Massachusetts (Mr. KEN- objection, it is so ordered. whole premise of our Government is NEDY) is necessarily absent. (The remarks of Mr. BOND and Mr. that we govern with the consent of the Mr. KYL. The following Senator is GRASSLEY are printed in today’s governed, but here we have 600,000 necessarily absent: the Senator from RECORD under ‘‘Morning Business.’’) Americans who, through historical Tennessee (Mr. CORKER). Mr. ENSIGN. Madam President, I ask anomalies and maybe more recently Further, if present and voting, the unanimous consent that the pending partisan disagreements, don’t get to Senator from Tennessee (Mr. CORKER) amendment be set aside to call up the consent or object to anything we do to would have voted ‘‘yea.’’ amendment No. 587. them or even for them. The PRESIDING OFFICER. Are there The PRESIDING OFFICER. Is there The second—and I thank my friend any other Senators in the Chamber de- objection? from Delaware for making this point siring to vote? Mrs. FEINSTEIN. Reserving the about the Golden Rule. I hope all of our The result was announced—yeas 30, right to object, it is my understanding colleagues in the Senate will apply nays 67, as follows: that the Senator from Nevada wishes that fundamental ethical human prin- [Rollcall Vote No. 69 Leg.] to call up the amendment and speak ciple to this vote and think about how YEAS—30 very briefly—he mentioned to me 2 minutes. I believe I am in the line to we would feel if we were the District’s Alexander Crapo Kyl Delegate in the House of Representa- Barrasso DeMint Martinez speak and I wish to speak on this tives. ELEANOR HOLMES NORTON is a Bennett Enzi McCain amendment. gifted and wonderful person. I have Bond Graham McConnell Is that the agreement? Bunning Grassley Risch Mr. ENSIGN. Madam President, I ask known her—I won’t state the year be- Burr Hatch Roberts cause I don’t want to compromise the Chambliss Hutchison Shelby unanimous consent that I be allowed to privacy of her age; mine has already Coburn Inhofe Thune call up my amendment, get it pending, Cochran Isakson Vitter and speak on it for 2 minutes. been compromised this week. We were Cornyn Johnson Wicker at law school together. She is an ex- Mrs. FEINSTEIN. Is the subject of NAYS—67 traordinarily gifted person and a very this amendment vouchers? diligent and passionate and aggressive Akaka Gillibrand Nelson (FL) Mr. ENSIGN. Yes. Baucus Gregg Nelson (NE) Mrs. FEINSTEIN. No problem. advocate for the people of the District Bayh Hagan Pryor AMENDMENT NO. 587 of Columbia. Imagine how we would Begich Harkin Reed feel if we were occupying the seat she Bennet Inouye Reid The PRESIDING OFFICER. Without occupies in the House of Representa- Bingaman Johanns Rockefeller objection, it is so ordered. Boxer Kaufman Sanders The clerk will report. tives. She gets to debate issues. She Brown Kerry Schumer Brownback Klobuchar The assistant legislative clerk read gets to talk. But when the roll is Sessions Burris Kohl as follows: called, imagine how we would feel—my Shaheen Byrd Landrieu Snowe The Senator from Nevada [Mr. ENSIGN] friend from Delaware and our dear Cantwell Lautenberg proposes an amendment numbered 587. friend from Arkansas who occupies the Cardin Leahy Specter Stabenow Chair at the moment, myself—if there Carper Levin Mr. ENSIGN. Madam President, I ask Casey Lieberman Tester unanimous consent that the reading of were a major item here in the Senate Collins Lincoln Udall (CO) and we could debate it, but then the Conrad Lugar Udall (NM) the amendment be dispensed with. roll is called and it is as if our mouths Dodd McCaskill Voinovich The PRESIDING OFFICER. Without are stifled, muffled. We couldn’t vote. Dorgan Menendez Warner objection, it is so ordered. Durbin Merkley Webb The amendment is as follows: That is what Delegate NORTON goes Ensign Mikulski Whitehouse through in the House of Representa- Feingold Murkowski Wyden (Purpose: To reauthorize the DC School tives. If we think about it that way, in Feinstein Murray Choice Incentive Act of 2003 for fiscal year 2010) the terms the Senator from Delaware NOT VOTING—2 At the end, add the following: stated, to treat others as we would like Corker Kennedy to be treated ourselves, it seems only SEC. ll. REAUTHORIZATION OF THE DC The amendment (No. 585) was re- SCHOOL CHOICE INCENTIVE ACT OF fair, reasonable, human to give Dele- jected. 2003. gate NORTON and the 600,000 people she Mr. LIEBERMAN. Madam President, (a) REAUTHORIZATION.—Section 313 of the represents the right to vote on the I move to reconsider the vote, and I DC School Choice Incentive Act of 2003 (title floor. III of division C of Public Law 108–199, 118 move to lay that motion on the table. So I thank my friend for taking the Stat. 134) is amended by striking ‘‘fiscal year The motion to lay on the table was 2004 and such sums as may be necessary for time to come over and speak as elo- agreed to. quently and convincingly as he has. each of the 4 succeeding fiscal years’’ and in- Mr. LIEBERMAN. Madam President, serting ‘‘fiscal year 2010’’. With that, I yield the floor and sug- I believe two of our colleagues wish to (b) SEVERABILITY.—Notwithstanding sec- gest the absence of a quorum. speak as in morning business at this tion 7, if any provision of this Act (other The ACTING PRESIDENT pro tem- time. After that, our intention is to than this section), and amendment made by this Act (other than by this section), or the pore. Without objection, it is so or- pick up the amendment offered by the dered. The clerk will call the roll. application of such provision or amendment Senator from South Carolina, Mr. to any person or circumstance is held to be The legislative clerk proceeded to DEMINT, on the fairness doctrine, and unconstitutional, this section, the amend- call the roll. then Senator DURBIN also will be offer- ment made by this section, and the applica- Mr. LIEBERMAN. Madam President, ing a matter on the fairness doctrine as tion of such to any person or circumstance I ask unanimous consent that the order well. shall not be affected thereby. for the quorum call be rescinded. With that in mind, I yield the floor Mr. ENSIGN. Madam President, I rise The PRESIDING OFFICER (Mrs. to one of the two Senators to my right, to offer a DC voucher program for low- GILLIBRAND). Without objection, it is so and they may joust as to who goes income children at or below 185 percent ordered. first. of the Federal Poverty Line. Children Under the previous order, the ques- Mr. BOND. Madam President, I thank would be eligible to receive up to $7,500 tion is on agreeing to amendment No. my colleague from Connecticut, with to attend a private school in the Dis- 585. whom I worked so closely last fall and trict. Mr. KYL. Madam President, I ask for at the end of January, for allowing us It has been said that education, espe- the yeas and nays. to go forward. I ask unanimous consent cially K–12 education is a civil right. I

VerDate Nov 24 2008 00:45 Feb 27, 2009 Jkt 079060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G26FE6.006 S26FEPT1 smartinez on PROD1PC64 with SENATE February 26, 2009 CONGRESSIONAL RECORD — SENATE S2513 believe it is. In Washington, DC, public So I will pursue that with the leader weapons being sent from the United schools are failing too many of our and will continue our conversations. I States to Mexico for use by drug car- kids—especially our low-income kids. thank him for offering the amendment. tels to cause violence on both sides of These children are trapped in schools I now yield the floor to our distin- the border. that are failing. guished colleague from California. I am prepared to wage the assault About half the kids in Washington, The PRESIDING OFFICER. The Sen- weapons battle again and intend to do DC, public schools do not graduate, and ator from California. so. I have been quiet about this because this is not because of money. The Dis- AMENDMENT NO. 575 there are many pressing needs of this trict spends perhaps the most in the Mrs. FEINSTEIN. Madam President, Nation. But with the help of the Presi- country, on education. They spend al- I thank the manager of the bill. I rise dent, the administration, and the peo- most $15,000 a year per student per year today to speak in strong opposition to ple of this great country, we do need to in public schools. That is almost three amendment No. 575 offered by Senator fight back against these kinds of times the amount we spend per student ENSIGN. This amendment is not the in- amendments. per year in Nevada. Yet the perform- stant amendment that he just spoke Justice Scalia wrote in the majority ance of the public schools in the Dis- about; it is the amendment that essen- opinion on the Heller case that a wide trict is pathetic. There are very few tially would repeal all commonsense variety of gun laws are ‘‘presumptively Members of Congress who would allow gun laws in the District of Columbia. lawful,’’ including the laws ‘‘forbidding their kids to go to these failing I believe the amendment is reckless. the carrying of firearms in sensitive schools. I believe it is irresponsible. I believe it places’’ and regulations governing ‘‘the The reason I am offering my amend- will lead to more weapons and more vi- conditions and qualifications of the ment today, which would reauthorize, olence on the streets of our Nation’s commercial sale of arms.’’ for 1 year, a very valuable voucher pro- Capital. It will endanger the citizens of I cannot think of any place more sen- gram, is because the upcoming Omni- the District, the Government employ- sitive than the District of Columbia. bus appropriations bill basically guts ees who work here, our elected offi- Even bans on ‘‘dangerous and unusual the program. We need to make sure cials, and those who visit this great weapons’’ are completely appropriate this program is in place in time for American Capitol. And, of course, if under the Heller decision. So it is in- parents to plan for their children’s edu- successful, it will be the first new step teresting to me that you have this de- cation in the fall. in a march to remove all commonsense cision, and then you have the Senate This is an important amendment. gun regulations all over this land. moving even to obliterate what is al- This is a civil rights amendment. We The Ensign amendment repeals gun lowable under the decision. are talking about the right to a DC laws promoting public safety, including Senator ENSIGN’s amendment com- Representative voting here, we should DC laws that the U.S. Supreme Court pletely ignores Heller’s language and care enough about our children to give indicated were permissible under the takes the approach that all guns for all them the right to a good education. second amendment in the Heller deci- people at all times is called for by Hell- That is what this amendment is about. sion. I strongly disagree with the Su- er. It is not. Now, we are going to try to work this preme Court decision in Heller that the We have all seen the tragic con- out. We may not be offering this second amendment gives individuals a sequences of gun violence: the mas- amendment if we can get an agreement right to possess weapons for private sacre of students at Virginia Tech Uni- from the majority leader for time on purposes not related to State militias, versity in 2007, the murders at Col- the floor sometime this spring to be and that the Constitution does not per- umbine High School in Colorado, the able to debate a full bill. That is what mit a general ban on handguns in the North Hollywood shootout where bank I would hope we could be able to do. If home. But that is the law. It has been robbers carrying automatic weapons not, then we will hope for a vote on adjudicated. It has gone up to the high- and shooting armor-piercing bullets this amendment. est Court, and I am one who believes if shot 10 Los Angeles Police Department I yield the floor. we do not like the law, we should try to SWAT officers and seven civilians be- The PRESIDING OFFICER. The Sen- make changes through the proper legal fore being stopped. ator from Connecticut. channels. However, it is important to We have seen criminal street gangs Mr. LIEBERMAN. Madam President, note that Heller also stands for the able to buy weapons at gun shows and if I may very briefly respond to my proposition that reasonable, common- out of the back seats or the trunks of friend from Nevada, I appreciate the sense gun regulations are entirely per- automobiles. We have seen their bul- statement he has made. Personally, I missible. lets kill hundreds, if not thousands of agree with him on this DC scholarship As the author of the original assault people across this great land—men, program which I supported in past weapons ban that was enacted in 1994, I women, and children. years. The authorization is running know commonsense gun regulations do I remember one case in the San Fran- out. make our communities safer, while at cisco Bay area not long ago where a The Homeland Security and Govern- the same time respecting the rights of youngster taking a piano lesson in a mental Affairs Committee, as my sportsmen and others to keep and bear home had a bullet from a gang member friend knows, actually still possesses arms. pierce the wall of the home, cut his jurisdiction over matters related to the Just yesterday, the Department of spine, and today he is a paraplegic. It District of Columbia. So we would be Justice announced the arrest of 52 peo- is unbelievable for me to think of the the proper committee to consider an ple in California, Minnesota, and Mary- ease with which people can buy weap- authorization bill. land. In addition to seizing 12,000 kilo- ons. As I have said to my friend, I do not grams of cocaine and more than 16,000 As Senator SCHUMER said, if this know what I would support. I do not pounds of marijuana, the DEA also amendment becomes law, even if you know what the outcome of the com- seized 169 illegal firearms from mem- cannot see, even if you cannot pass a mittee would be. But I appreciate the bers of the Sinoloa Cartel. sight test, you can have access to fire- spirit in which he has presented this Where did they get those guns? It arms. That is not what this Nation amendment. I agree with him totally would be interesting to find out be- should encourage. Those incidents and that we ought to be reauthorizing this cause this cartel is one of several that the gun violence that occurs every day program, and we will work together to law enforcement believes is responsible across this country show us that we see, with the majority leader, whether for kidnappings and murders within should be doing more, not less, to keep we can get an agreement that there the United States in addition to engag- guns out of the hands of criminals and will be floor time with a time limit ing in violent gun crimes. the mentally ill and not give them un- given to a debate and an attempt to re- In talking about the Sinoloa Cartel fettered access to firearms. authorize the program when it expires, yesterday, Attorney General Holder It is worth noting just how far this which I believe is in this fiscal year, noted that reinstituting the assault amendment goes in repealing DC law meaning that it would affect the school weapons ban would benefit the United and just how unsafe it will make the year that begins in September. States, as well as help stop the flood of streets of this Capitol. Here is what it

VerDate Nov 24 2008 00:45 Feb 27, 2009 Jkt 079060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G26FE6.010 S26FEPT1 smartinez on PROD1PC64 with SENATE S2514 CONGRESSIONAL RECORD — SENATE February 26, 2009 would do: It would repeal DC’s ban on try, the ability of virtually anyone to ments in the District, making it even semiautomatic weapons, including as- obtain a firearm regardless of their more difficult for law enforcement to sault weapons. If this amendment be- age? I don’t think so. trace guns used in crimes and track comes law, military-style assault The amendment even repeals the DC down the registered owner. The amend- weapons with high-capacity magazines law prohibiting gun possession by peo- ment repeals all existing safe-storage will be allowed to be stockpiled in ple who have poor vision. I heard Sen- laws and prohibits the District from homes and businesses in the District, ator SCHUMER speak about this yester- enacting any additional safe-storage even near Federal buildings such as the day afternoon. Unbelievably, under laws. After the Heller decision, the Dis- White House and the Capitol. Even the this amendment, the District would be trict passed emergency legislation to .50 caliber sniper rifle, with a range of barred from having any vision require- allow guns to be unlocked for self-de- over 1 mile, will be allowed in DC under ment for gun use, even if someone is fense, but requiring that they other- this amendment. This is a weapon ca- blind. Is this the kind of public policy wise be kept locked to keep guns out of pable of firing rounds that can pene- we want to make for our Nation? Is the hands of children and criminals. We trate concrete and armor plating. And this how co-opted this body is to the all ought to want that. The Ensign at least one model of the .50 caliber National Rifle Association and others? amendment repeals even this modest sniper rifle is easily concealed and I hope not. limitation and prevents the District of transported. One gun manufacturer de- One of the reasons we have 6-year Columbia City Council from enacting scribes this model as a ‘‘lightweight terms is to allow us to make difficult any law that discourages—whatever and tactical’’ weapon and capable of decisions. There is no higher charge that means—gun ownership or requir- being collapsed and carried in ‘‘a very than protecting our public safety. We ing the safe storage of firearms. How small inconspicuous package.’’ should protect individuals. The way we can we, in the Capital of the United Is this what we want to do? There is protect individuals is by enacting pub- States where we have had so many simply no good reason anyone needs lic policy that is prudent, reasonable, tragic events, possibly do this? This is semiautomatic, military-style assault and subject to common sense. This simply ridiculous and goes well beyond weapons in an urban community. It is amendment does none of the above. the Supreme Court’s ruling in Heller. I ask my colleagues to think care- unfathomable to me that the same Think about what this means. Con- fully about this amendment, because if high-powered sniper rifle used by our sider that every major gun manufac- it succeeds, trust me, the march for Armed Forces will be permitted in the turer recommends that guns be kept similar legislation will be on. I intro- Nation’s Capital. Yet this is exactly unloaded, locked, and kept in a safe duced the assault weapons legislation. what the amendment would allow if place. Under this amendment, the Dis- I survived. I had an election in 1994, trict could not enact any legislation passed by the Senate. just after I had introduced it. I sur- Next, the amendment would repeal requiring that guns be stored in a safe vived. The people of my State want existing Federal anti-gun trafficking place, even in homes with children. commonsense gun control. They don’t laws. For years, Federal law has How can anyone believe this broad- want local jurisdictions stripped of any banned gun dealers from selling hand- brush amendment is the right thing to ability to enact prudent regulation. guns directly to out-of-State buyers do? How can any of us believe it pro- The Presiding Officer is in the chair. vides protection for the people we rep- who are not licensed firearms dealers. The husband of one of her colleagues, resent? This has helped substantially in the going home on the Long Island train, Let me make one other point. The fight against illegal interstate gun was shot and killed by someone who American people clearly do not agree trafficking, and it has prevented crimi- never should have had a weapon. How with this amendment. Last fall, when a nals from traveling to other States to many of these incidents do we have to virtually identical bill was being con- buy guns. have? How many businesses employing sidered in the House of Representa- Senator ENSIGN’s amendment repeals people who are mentally ill have to suf- tives, a national poll found that 69 per- this longstanding Federal law and al- fer when they have a grudge against an cent of Americans opposed Congress lows DC residents to cross State lines employee, and kill 6, 7, 8, 9, or 10 peo- passing a law to eliminate the Dis- to buy handguns in neighboring States. ple? How many schools do we have to trict’s gun laws—69 percent. That is Illegal gun traffickers will be able to have where aggrieved students go out about as good as we get on any con- easily obtain large quantities of fire- and acquire the most powerful weapons troversial issue. Additionally, 60 per- arms outside of DC and then distribute and come into cafeterias, libraries, or cent of Americans believe Washington those guns to criminals in DC and in classrooms and mow down students? A will become less safe if Congress takes surrounding States. vote for this amendment, any way we this step. Is this what we want? Do we And no one should be so naive as to look at it, makes this easier to happen. want the Capital of the United States say that this amendment will not do I believe passionately about this. I to become less safe? I don’t think so. this. It will. The amendment repeals will never forget, many years ago, be- Today, if this amendment passes in the DC law restricting the ability of dan- fore I was mayor, walking into the rob- Senate, it will be directly against the gerous and unqualified people to obtain bery of a corner grocery store. When wishes of the American people. It will guns. The amendment also repeals people die of gunshot wounds, it is not not pass because it is good public pol- many of the gun regulations that the the way it is on television or in the icy—it will only be passed to placate Supreme Court said were completely movies. I saw brain matter all over the the National Rifle Association. I say appropriate after Heller. walls. I saw the husband, a proprietor, for shame. So all of those who will vote for this the wife, a proprietor. This individual As a former mayor who saw firsthand amendment should not do so thinking who came in even shot the dog. People what happens when guns fall into the they are just complying with the Hell- are capable of terrible criminality. We hands of criminals, juveniles, and the er decision. This is part of a march for- should not encourage that criminality mentally ill, I believe this amendment ward by gun lobby interests in this by making their access to weapons so places the families of the District of country to begin to remove all com- very easy. Columbia in great jeopardy. The monsense regulations, and no one As I say, this is the first step in a amendment puts innocent lives at should think it is anything else. march to see that there is no ability to stake. It is an affront to the public This would repeal the DC prohibition enact prudent gun regulation through- safety of the District. It is an affront on persons under the age of 21 from out the United States. to local home rule. This isn’t just a bad possessing firearms, and it repeals all I ask every colleague, before they amendment; it is a very dangerous one. age limits for the possession of long vote for this, to think about the people I very strongly urge Senators to join guns, including assault weapons. they represent and whether society is me in opposing it. Do we really want that? I think of going to be safer because of their vote. I yield the floor. the story of an 11-year-old who had a How deep have we sunk in catering to The PRESIDING OFFICER. The Sen- reduced barrel shotgun and just re- these interests? For shame. ator from Kansas. cently killed somebody with it. Is this The amendment before the Senate re- Mr. BROWNBACK. Madam President, what we want to see all over this coun- peals all firearm registration require- I appreciate the debate on several key

VerDate Nov 24 2008 00:45 Feb 27, 2009 Jkt 079060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G26FE6.011 S26FEPT1 smartinez on PROD1PC64 with SENATE February 26, 2009 CONGRESSIONAL RECORD — SENATE S2515 amendments. I also want to recognize being well received by parents and stu- the Washington Post. Both are in sup- my colleague from California and her dents. It has an odd sort of support port of the DC voucher program, saying strong support—indeed, key position— base where it has both left and right. It it works—it works for kids, it works on the voucher program, the DC schol- has a lot of people in a low-income sit- for parents—and is something that arship program that she has been one uation supporting it. It is one of those should be continued. I have never had of the primary architects of and wants pieces of legislation that have a broad printed in the RECORD before editorials to get measurables on it. It is in the base of support ideologically and prac- from those two publications at the subcommittee on appropriations on tically. People want to see it moving same time agreeing on the same topic, which I serve, and she has been a key forward and have it succeed as an over- particularly in education. I think what person on that. It is my hope we can all program. I am very hopeful this it says is that this one is working and work that out, whether it is going to be Congress can do that. should be continued. at a later time for reauthorization or if Two other quick points. One is com- So I ask unanimous consent that the we can pass it here today. It is a key ing up on the fairness doctrine that editorials be printed in the RECORD. program, and I want to recognize what will be considered. The fairness doc- There being no objection, the mate- my colleague has done on that histori- trine, to educate my colleagues—I am rial was ordered to be printed in the cally. That is what I come to the floor sure everybody is familiar with it—was RECORD, as follows: to talk about, as well as a couple of promulgated by the FCC in 1949 to en- [From the Wall Street Journal, Feb. 25, 2009] other things that are coming up but sure that contrasting viewpoints would OBAMA’S SCHOOL CHOICE particularly the DC scholarship pro- be presented on radio and television. President Obama made education a big gram. It is an amendment. We have it In 1985, the FCC began the process of part of his speech Tuesday night, complete appropriated in the appropriations bill, repealing the doctrine after concluding with a stirring call for reform. So we’ll be that it actually resulted in broad- curious to see how he handles the dismaying but it is required for reauthorization. attempt by Democrats in Congress to crush It needs to be reauthorized. My hope is casters limiting coverage of controver- education choice for 1,700 poor kids in the that the majority leader will say, yes, sial issues of public importance. District of Columbia. we will bring this up for reauthoriza- Now we are hearing from some voices The omnibus spending bill now moving tion and give us floor time to do that. saying this doctrine should be put back through the house includes language de- I understand the manager of this bill in place. I urge colleagues to not do signed to kill the Opportunity Scholarship has said he would bring it up in his that. This isn’t the way for us to get a Program offering vouchers for poor students good discussion going in the public to opt out of rotten public schools. The legis- committee and do a markup in com- lation says no federal funds can be used on mittee. marketplace. Indeed, the results in the the program beyond 2010 unless Congress and I have worked for this program for past, and I believe today, would be that the D.C. City Council reauthorize it. Given some period of time. I have worked the doctrine would actually result in that Democrats control both bodies—and with the students and parents in this less, not more, broadcasting of impor- that their union backers hate school program. They love it. They appreciate tant issues to the public. Airing con- choice—this amounts to a death sentence. the chance to succeed in a failed school troversial issues would subject broad- Republicans passed the program in 2004, with help from Democratic Senator Dianne system. The DC Opportunity Scholar- casters to regulatory burdens and po- Feinstein, and it has been extremely pop- ship Program has received applications tentially severe liabilities. They sim- ular. Families receive up to $7,500 a year to from over 7,000 low-income students, ply would say: We will not put any- attend the school of their choice. That’s a has served over 2,600 of these children. thing on. real bargain, given that D.C. public schools We have far more applicants than we Just think about the changing land- spend $14,400 per pupil on average, among the do slots. When these students entered scape in broadcast radio and television most in the country. that has taken place since 1949. These To qualify, a student’s household income the program, they had average math must be at or below 185% of the poverty and reading test scores in the bottom numbers are startling. In 1949, there level. Some 99% of the participants are mi- third of all test takers. Recent evalua- were 51 television stations in the coun- nority, and the average annual income is tion by the U.S. Department of Edu- try and 2,500 radio stations. Maybe a $23,000 for a family of four. A 2008 Depart- cation—this goes back to last year—af- lot of people wish we would go back to ment of Education evaluation found that firms academic gains among scholar- that era of less media, but we will not. participants had higher reading scores than ship students less than 2 years after re- In 1958, there were 1,200 television sta- their peers who didn’t receive a scholarship, ceiving a scholarship. Last year, after tions and 9,800 radio stations. Today, and there are four applicants for each voucher. less than 1 year in the program, two there are 1,800 television stations and Vouchers also currently exist in Arizona, subgroups of students, representing 83 14,000 radio stations. There is simply Florida, Georgia, Ohio, Louisiana, Utah and percent of participating students, no scarcity to justify content man- Wisconsin. And school choice continues to showed positive results in math, and dates such as the fairness doctrine that proliferate elsewhere in the form of tax cred- both years showed overwhelming pa- would be a regulatory nightmare for its and charter schools. The District’s is the rental satisfaction. Parents like it. radio and television stations. Plus, we only federally funded initiative, however, Students are doing better. It is work- have all the new media, social net- and local officials from former Mayor An- working, and individual citizen access thony Williams to current Mayor Adrian ing. Fenty and Schools Chancellor Michelle Rhee I certainly wish to salute Mayor to information on the Internet that support its continuation. As Ms. Rhee put it Fenty and DC school chancellor does not warrant this being put back in a December 2007 interview with the Jour- Michelle Rhee for making education into place. nal, ‘‘I would never, as long as I am in this reform and support for this program Finally, to comment on the second role, do anything to limit another parent’s something important in the District. amendment rights, the Supreme Court, ability to make a choice for their child. They made this a high priority. in a historic ruling, has found that sec- Ever.’’ Certainly, we have to get the schools ond amendment rights apply to the in- Ms. Rhee is working to reform all D.C. pub- functioning in the District of Colum- dividual, and that applies to individ- lic schools, which in 2007 ranked last in math and second-to-last in reading among all U.S. bia. This is a piece of it that is working uals across the country, that applies to urban school systems on the federal National for 1,700 students. We need it reauthor- individuals in the District of Columbia. Assessment of Educational Progress. With- ized to be able to continue to move it I think those should be continued and out the vouchers, more than 80% of the 1,700 forward. It would be heartless for us guaranteed and supported by this body kids would have to attend public schools not to do it. as well. I think it would be appropriate that haven’t made ‘‘adequate yearly I recognize a number of people have a for us to support that and support that progress’’ under No Child Left Behind. Re- problem with it on this bill. I under- in this legislation. member all of those Members of Congress stand that. If there is a chance we can Madam President, in conclusion, I standing and applauding on Tuesday as Mr. get an agreement that the reauthoriza- would like to have printed in the Obama called for every American child to get some education beyond high school? tion would take place later, that would RECORD two editorials in agreement These are the same Members who protect be a wise route to go, and then follow from two publications that frequently and defend a D.C. system in which about half through regular order. But this one is do not agree. One is from the Wall of all students fail even to graduate from working and is working well. It is Street Journal and the other is from high school.

VerDate Nov 24 2008 00:45 Feb 27, 2009 Jkt 079060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G26FE6.012 S26FEPT1 smartinez on PROD1PC64 with SENATE S2516 CONGRESSIONAL RECORD — SENATE February 26, 2009 On Tuesday, Mr. Obama spoke of the ‘‘his- ate now debate concurrently the DUR- ‘‘(1) the requirement that broadcasters toric investment in education’’ in the stim- BIN amendment No. 591 and the DEMINT present or ascertain opposing viewpoints on ulus bill, which included a staggering, few- amendment No. 573; that no amend- issues of public importance, commonly re- strings-attached $140 billion to the Depart- ments be in order to either amendment ferred to as the ‘Fairness Doctrine’, as re- ment of Education over two years. But he pealed in In re Complaint of Syracuse Peace also noted that ‘‘our schools don’t just need prior to a vote in relation to the Council against Television Station WTVH, more resources; they need more reform,’’ and amendment; with the time equally di- Syracuse New York, 2 FCC Rcd. 5043 (1987); or he expressed support for charter schools and vided and controlled between Senators ‘‘(2) any similar requirement that broad- other policies that ‘‘open doors of oppor- DURBIN and DEMINT or their designees; casters meet programming quotas or guide- tunity for our children.’’ that at 2 p.m. today, the Senate pro- lines for issues of public importance.’’. If he means what he says, Mr. Obama won’t ceed to vote in relation to the Durbin (b) SEVERABILITY.—Notwithstanding sec- let his fellow Democrats consign 1,700 more amendment No. 591, to be followed by a tion 7(a), if any provision of section 2(a)(1), poor kids to failing schools he’d never dream 2(b)(1), or 3 or any amendment made by those of letting his own daughters attend. vote in relation to the DeMint amend- sections is declared or held invalid or unen- ment No. 573; that prior to the second forceable by a court of competent jurisdic- [From the Washington Post, Feb. 25, 2009] vote, there be 2 minutes of debate tion, the amendment made by subsection (a) VOUCHER SUBTERFUGE equally divided and controlled in the and the application of such amendment to Congressional Democrats want to mandate usual form, and the second vote be 10 any other person or circumstance shall not that the District’s unique school voucher minutes in duration. be affected by such holding. program be reauthorized before more federal The PRESIDING OFFICER. Is there Mr. DEMINT. Madam President, I ask money can be allocated for it. It is a seem- objection? unanimous consent to add as cospon- ingly innocuous requirement. In truth it is The Senator from South Carolina. sors to my amendment Senators an ill-disguised bid to kill a program that VITTER, INHOFE, WICKER, BOND, BEN- gives some poor parents a choice regarding Mr. DEMINT. Madam President, re- where their children go to school. Many of serving the right to object—and I will NETT, ENZI, BARRASSO, BROWNBACK, and the Democrats have never liked vouchers, not object—will the time be equally di- ALEXANDER. and it seems they won’t let fairness or the vided between now and 2 o’clock? The PRESIDING OFFICER. Without interests of low-income, minority children Mr. LIEBERMAN. That was my un- objection, it is so ordered. stand in the way of their politics. But it also derstanding. As a point of clarification, Mr. DEMINT. Thank you, Madam seems they’re too ashamed—and with good it actually is as I suggested earlier, President. reason—to admit to what they’re doing. This has been a good debate, not just At issue is a provision in the 2009 omnibus which is that the floor is open for debate from now until 2 and that the about DC voting rights but constitu- spending bill making its way through Con- tional rights in our country, and if we gress. The $410 billion package provides time is equally divided. Obviously, if funds for the 2009–10 school year to the D.C. others want to come to the floor and are going to go by our own opinions Opportunity Scholarship Program, a pio- speak about something else, they can and good intentions or are we going to neering effort that awards scholarships of up ask unanimous consent to do that. follow the Constitution. Clearly, a lot to $7,500 a year for low-income students to Mr. DEMINT. Madam President, I of us wish to give fair representation to attend private schools. But language in- have no objection. everyone who lives in the District of serted by Democrats into the bill stipulates The PRESIDING OFFICER. Without Columbia. But our oath of office is not that any future appropriations will require objection, it is so ordered. to our good intentions, it is to protect the reauthorization of the program by Con- and defend the Constitution of the gress and approval from the D.C. Council. Mr. LIEBERMAN. I thank the Chair. We have no problem with Congress taking The PRESIDING OFFICER. The Sen- United States. a careful look at this initiative and weighing ator from South Carolina. The Constitution is very clear that Congressmen and Senators are allo- its benefits. After all, it was approved in 2004 AMENDMENT NO. 573 cated only to States. The District of as a pilot program, subject to study. In fact, Mr. DEMINT. Madam President, I ask Columbia was set up as a neutral enti- this is the rare experimental program that unanimous consent to set aside the has been carefully designed to produce com- ty, certainly where people will live and pending amendment and call up parative results. But the proposed Demo- work associated with the business of DeMint amendment No. 573. cratic provision would short-circuit this the Federal Government, but there is The PRESIDING OFFICER. Without study. Results are not due until June, and an nothing in the Constitution that would objection, it is so ordered. additional year of testing is planned. Opera- give a Congressman or Senators to this tors of the program need to accept applica- The clerk will report. tions this fall for the 2010–11 school year, and The bill clerk read as follows: Federal District of Columbia. So we are reauthorizations are complicated, time-con- talking about a constitutional issue. The Senator from South Carolina [Mr. We have had other constitutional suming affairs. Indeed, staff members on var- DEMINT] proposes an amendment numbered ious House and Senate committees scoffed 573. issues, such as the Bill of Rights guar- yesterday when we asked about the chances antee to bear arms, and there will be of getting such a program reauthorized in Mr. DEMINT. Madam President, I ask an amendment to that effect with the less than a year. Legislation seeking reau- unanimous consent that reading of the bill. I wish to bring up another con- thorization has not even been introduced. amendment be dispensed with. stitutional issue, which is the right of If the Democratic leadership is so worried The PRESIDING OFFICER. Without free speech and the freedom of the about process, it might want to review a re- objection, it is so ordered. press. cent report from the Congressional Budget The amendment is as follows: Office listing the hundreds of millions of dol- A number of Members of Congress (Purpose: To prevent the Federal Commu- lars that have been appropriated to programs have been talking about the annoyance nications Commission from repromul- whose authorizations have expired. Many of of having radio talk show hosts talk gating the fairness doctrine) these programs get far more than the $14 about what we are doing here. I do not million allocated to the Opportunity Schol- At the end of the bill add the following: blame the other side for being annoyed arships. House Minority Leader John A. SEC. 9. FAIRNESS DOCTRINE PROHIBITED. when a radio talk show host actually Boehner (R-Ohio) was right to call out the (a) LIMITATION ON GENERAL POWERS: FAIR- describes what is in a bill, since we NESS DOCTRINE.—Title III of the Communica- Democrats for this back-door attempt to kill have gotten in the habit of not actu- the voucher program. The attention should tions Act of 1934 is amended by inserting embarrass congressional Democrats into after section 303 (47 U.S.C. 303) the following ally reading them ourselves. When we doing the right thing. If not, city leaders, in- new section: have radio talk show hosts all around cluding D.C. Mayor Adrian M. Fenty (D), ‘‘SEC. 303A. LIMITATION ON GENERAL POWERS: the country going through page by need to let President Obama know that some FAIRNESS DOCTRINE. page, contradicting what is actually 1,800 poor children are likely to have their ‘‘Notwithstanding section 303 or any other being said here, I can understand that educations disrupted. provision of this Act or any other Act au- people wish to muzzle those radio talk Mr. BROWNBACK. Madam President, thorizing the Commission to prescribe rules, show hosts. That could be the opinion regulations, policies, doctrines, standards, of some of those in Congress today, but I yield the floor. guidelines, or other requirements, the Com- The PRESIDING OFFICER (Mrs. mission shall not have the authority to pre- it happens to go against the Constitu- HAGAN). The Senator from Con- scribe any rule, regulation, policy, doctrine, tion when we try to decide what people necticut. standard, guideline, or other requirement can say and what they believe. Mr. LIEBERMAN. Madam President, that has the purpose or effect of reinstating There is actually a doctrine that was I ask unanimous consent that the Sen- or repromulgating (in whole or in part)— mentioned by the Senator from Kansas

VerDate Nov 24 2008 03:04 Feb 27, 2009 Jkt 079060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\A26FE6.005 S26FEPT1 smartinez on PROD1PC64 with SENATE February 26, 2009 CONGRESSIONAL RECORD — SENATE S2517 called the fairness doctrine that is one real intention of the Democratic ma- with enforcing our opinions or some of those political doublespeak titles jority as far as dealing with this fair- judge’s opinion on some radio station that is radio censorship that actually ness doctrine. They are going to pro- out there that is trying to give its tries to control what radio talk show pose that we as a Congress direct the opinion to the American people. We are hosts could say. That doctrine was dis- Federal Communications Commis- dangerously close to the enslavement pensed with by Reagan, and since then sion—that we are going to say: ‘‘shall of socialism in this country with the we have thousands of radio talk shows take actions to encourage and promote expansion of Government on every with wide varieties of opinion. But diversity in communication media front. many are starting to talk about bring- ownership.’’ This is intolerable. Do not let the ing back this radio censorship idea to Now, they are not just saying radio pretty language you are getting ready try to force radio stations to present here. This is ‘‘communication.’’ This to hear confuse you because this is alternative opinions every time a radio includes the Web, the Internet, the against everything we swear an oath to talk show host presents an opinion of blogs, blogisphere, television, news- in this Congress. I encourage my col- their own. papers. This language would direct the leagues to vote against the Durbin What this would do is create a dys- Federal Communications Commission amendment, vote for the Broadcaster functional situation where no radio to take action to enforce diversity in Freedom Act, and I would appreciate station could afford to have a talk communication. This is Soviet-style their support. show host express an opinion of any language that you are going to get Thank you, Madam President, and I kind if they had to go out and find some rosy picture of in a minute. But reserve the remainder of my time. someone to express the opposite opin- it is so open and so vague that about The PRESIDING OFFICER. The Sen- ion and in the meantime face lawsuit every communication outlet in this ator from Illinois. after lawsuit from the ACLU and oth- country is going to be faced with accu- AMENDMENT NO. 591 ers. Because whose opinion is going to sations that their ownership is not di- Mr. DURBIN. Madam President, I am determine what is fair, what is bal- verse. beginning to believe the Senator from anced, what is diverse? But the whole What does ‘‘diverse’’ mean? Does it South Carolina opposes my amend- implication here is that the Federal mean ‘‘white and black’’? What they ment. He has called it unconstitu- Government and the Federal Commu- are after is what they believe, what tional, Communist, socialistic, en- nications Commission are somehow their opinions are. If this were applied slavement, and he is just getting start- going to decide for us what is fair and to our offices here in the Senate, we ed. So I wish to explain what the de- what is balanced and what is diverse. could not say anything, I could not ex- bate is all about. The amendment I am offering today, press my opinion today without being It is a fundamental question, and it which we call the Broadcaster Freedom obligated by law to go find somebody is one I have reflected on. The fairness Act, would prohibit the Federal Com- to say something completely opposite doctrine is the idea that broadcasters munications Commission from reestab- of what I am saying. This is not free- should cover issues important to local lishing any part of what is called the dom. Anyone who votes for this alter- viewers and should cover these issues ‘‘fairness doctrine’’ into their regu- native is voting to repress the freedom fairly; in other words, allow for dif- latory structure today. of speech in this country, the freedom ferent viewpoints to be heard and allow Plain and simple, most people here of media. those ideas to be presented in a way have said they do not want it to come The second part of what they have that is balanced or, as one of the net- back. President Obama said last week after ‘‘promote diversity in commu- works say, fair and balanced. he is against the fairness doctrine. So nication media’’—all media; only the The fairness doctrine isn’t a new who could oppose us making it a law lawyers and the bureaucrats are going idea; it is one that has been around in that some bureaucrat over at the Fed- to tell us what that means—is ‘‘to en- some shape or form since the 1920s, and eral Communications Commission sure that broadcast station licenses are it was formally adopted by the Federal could not write into regulations all or used in the public interest.’’ That is al- Communications Commission as a parts of this censorship of radio talk ready a law, and that is good, and tele- standard in 1949—60 years ago. Back shows across the country? vision and radio stations that use the then, though, the world was a lot dif- It is a pretty simple amendment, but public airwaves all over the country ferent. Television was in its infancy. It I have a feeling it is getting ready to are held accountable by current law to was just starting. In the 1950s, of sound lot more complicated when the do things in the public interest, and course, there emerged three major tele- other side starts presenting what is in many of them are very good at that, vision networks—NBC, ABC, and CBS. it. We have found in this body that the and it is very helpful in our commu- Congress and the FCC had a legitimate facts, the truths, sometimes do not nities. concern that these three networks and make a lot of difference. But anyone But I will ask my colleagues not to their local stations could abuse their who votes against my amendment, the let this distraction confuse them about power, because when you broadcast to Broadcaster Freedom Act, is voting the real intention. If we pass the broad- radio and television consumers, you against the Constitution. They are vot- caster freedom amendment today, we are not using something you own, you ing against the freedom of the press. are going to close the front door to are using the public airways. We own They are voting against the freedom of taking away the freedom of speech in it. All of us collectively as Americans speech in this country. this country. But this alternative own it. We license those who use it and The one hope we have to turn this opens the backdoor to what the Demo- say: You are allowed to broadcast your Government around, to stop this spend- cratic majority is after; that is, to television signal or your radio signal ing, and the intervention in all areas of muzzle this annoyance of people on the and you have to do it under certain our life, is a free press that can tell radio who are telling the truth about rules and regulations. Listening to the people the truth about what is going what is going on in this Congress. Senator from South Carolina, he is ba- on. More and more, we have the radio If they can go out and threaten a sta- sically saying: Government, step aside. talk show hosts and the bloggers and tion that they are not diverse in their If a private entity wants to get in- some cable news that every day are ownership, and some judge or some bu- volved in broadcasting, that is an exer- telling Americans more about what we reaucrat is going to decide whether cise of free speech. are doing, and Americans are getting they are diverse—and who knows what Well, historically, the courts have more informed, they are getting more that means—we are going to create not agreed with my friend from South engaged and increasingly more out- such risk and such liability and such Carolina. They have said that you can raged about what we are doing. intimidation that this will not even impose reasonable obligations on those I encourage my colleagues to support look like America in a few years. who have licenses to use the airwaves. my amendment and to vote against This is dangerous material that is They don’t own the airwaves; the pub- this side by side that is being presented being offered on the other side. I will lic owns the airwaves, and there is a by the Democratic majority. What we encourage my colleagues to remember public interest in reaching certain are seeing in this side by side is the our oath of office. It has nothing to do goals in those airwaves. One of those

VerDate Nov 24 2008 00:45 Feb 27, 2009 Jkt 079060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G26FE6.016 S26FEPT1 smartinez on PROD1PC64 with SENATE S2518 CONGRESSIONAL RECORD — SENATE February 26, 2009 public interests was expressed and de- hear a much different view of the Senator DEMINT’s amendment—that fined for many years as the fairness world. It is there. It reflects the reality second paragraph I read which has not doctrine. The fairness doctrine basi- of technology and media today. been carefully written—goes way be- cally said Americans are entitled to So I think it is interesting that the yond stopping the fairness doctrine; it hear both sides of the story so there is Senator from South Carolina still undermines the FCC’s ability to make balance and fairness in the news and in bangs away at this notion that some sure broadcasters meet these public in- the expressions of ideas on these radio people on the floor want to reinstate terest obligations. So what. What if the and TV stations. The fairness doctrine the fairness doctrine. I don’t. There public interest requirement dis- was clearly I think American, not may be others who do. My amendment appeared tomorrow? What difference Communist; constitutional—no one has nothing to do with that. would it make? Let me tell my col- struck it as unconstitutional during The amendment Senator DEMINT has leagues the difference it would make. the period of time it was in effect—and written was not carefully written. I There would be no requirement that I don’t know about the enslavement of don’t know if he understands some of your local station provide local news socialism; I will have to reflect on that the language he included. I call his at- and weather. There would be no re- for a minute. But the fact is, it was the tention to a paragraph in his amend- quirement that your local television law of the land. The mightiest broad- ment, paragraph 2 of section 303A. It station provide children with program- cast stations, radio and TV stations seems like a very general statement ming that is free from sex and violence. that could have gone to court, I say to that shouldn’t cause any trouble, but I There would be no requirement to am afraid it does, because after he goes my friend from South Carolina, and make sure advertising to children is after eliminating the fairness doctrine, challenge that idea as unconstitutional subject to appropriate limitations and he also includes any similar require- were not successful in doing so. It is no requirement to provide a minimum ment that broadcasters meet program hard to imagine we would restrict their amount of educational programming and quotas or guidelines for issues of broadcasting and they wouldn’t chal- public importance. Now, that is a prob- on each channel. Does that have any- lenge it if it was unconstitutional. lem. I don’t know if he understands it thing to do with the fairness doctrine? Well, that is a fact. Facts sometimes is a problem, but it is. This amendment It doesn’t. What Senator DEMINT is are hard to deal with in debates such as does more than ban the FCC from doing is undermining broadcasting in this, but that was the reality. doing something it wasn’t going to do the public interest. That was then and this is now. The anyway. Incidentally, nobody is talk- If a station decided to run a religious world has changed. The world of broad- ing about reinstating the fairness doc- program, they would be doing it in the casting has changed. We still have the trine. This is the ‘‘bloody shirt.’’ That public interest. Senator DEMINT re- major networks—ABC, NBC, and CBS— term is a political term that came moves that definition of public inter- but we also have CNN, FOX News, about after the Civil War when people est. In fact, he says—let’s go back to MSNBC, and hundreds of other chan- would come to the floor and try to in- the exact language of his amendment. nels on cable TV. We have public flame passions, and they said: You are He says, ‘‘any similar requirement that broadcasting. We have more than 14,000 waving the bloody shirt of the war; broadcasters meet programming quotas AM and FM radio stations, hundreds of stop that. Let’s have a rational con- or guidelines for issues of public impor- satellite radio stations, and we have versation. tance.’’ So his language goes too far. the Internet. It is clear that tech- Well, the rightwing broadcasters on What we have tried to do is to make nology has changed dramatically since their side, conservative broadcasters, sure we don’t limit the FCC’s ability to 1949 and the institution of the fairness have been waving this bloody shirt of protect the most vulnerable and im- doctrine. There are more ways now the fairness doctrine for months. They pressionable viewers and listeners in than ever to hear a variety of perspec- love this. They have set up this kind of America—our kids and our grandkids. tives on a number of issues. false choice that you are going to take The DeMint amendment takes away So when the fairness doctrine was re- away the right of free speech and they that requirement of licensees, radio pealed in 1987, many of us objected. The are trying to impose the fairness doc- and TV licensees, to protect children basic argument: Americans have the trine. It hasn’t happened, it isn’t going from sex and violence. They might do right to hear both sides of the story; to happen, and I am not trying to make it anyway, they might not, but there television and radio stations should it happen. would be no license requirement under still hold themselves to that standard. The DeMint amendment also con- the DeMint language. Let the American people decide. Don’t tains a provision which I read to my I still believe broadcasters who use let one major network jam through a colleagues that seriously cripples the public airwaves should use them in a political viewpoint over the public air- FCC’s ability to ensure responsible fair and reasonable way in the public waves that the American people, frank- broadcasting. Remember: Public air- interest, and I believe the FCC should ly, have to take or leave. I thought waves that the radio and TV station be able to enforce this. If the DeMint that was the right position then in owners apply for a license from the amendment is passed and if it became 1987, but I will tell my colleagues the Government to use to make money. law, if you wanted to enforce the fact world has changed. The public airwaves truly are the prop- that on Saturday morning, when a lot President Obama has said while on erty of the American people. We say to of kids are watching television, the the campaign trail and in the White broadcasters that in return for a li- local television station is running a House that he doesn’t support rein- cense to use those airwaves, your Gov- gory movie or one that is on the edge stating the fairness doctrine, and nei- ernment is going to ask that you use when it comes to sexual content, it ther do I. You will find no mention of them in the public interest. Now, what would be hard, if not impossible, to do the fairness doctrine on the White does it mean to say we use the air- it. I am sure that is not the Senator’s House Web site; you will find no effort waves in the public interest? According intent, but that paragraph was very to reinstitute the fairness doctrine in to Senator DEMINT, it is the enslave- poorly written, and that is why I my amendment. Because, quite hon- ment of socialism. Well, here are the 14 change it. estly, now it isn’t a question of NBC major elements listed by the FCC when Now, there is also the suggestion by giving me one point of view and I have it comes to defining the public inter- the Senator from South Carolina that to take it or leave it. We all know what est: Opportunity for local self-expres- if we encourage diversity of media own- happens when you go home with the re- sion, development and use of local tal- ership, somehow that is communistic. mote control; you have more choices ent, programs for children, religious From my point of view, it is not. Diver- than you know what to do with. That programs, educational programs, pub- sity of ownership opens the public air- gives a variety of opinions an oppor- lic affairs programs, editorialization by waves to a variety of different owners. tunity to be expressed on television— licensees, political broadcasts, agricul- I am not saying here—and no one is the same thing is true on radio—for tural programs, news programs, weath- suggesting—that the law for the Fed- Americans to hear a different point of er and market services, sports pro- eral Communications Commission says view. If they want to switch from Ra- grams, service to minority groups, and you can give this license to a Repub- chel Maddow to Bill O’Reilly, they will entertainment programming. lican and this one to a Democrat or

VerDate Nov 24 2008 00:45 Feb 27, 2009 Jkt 079060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G26FE6.017 S26FEPT1 smartinez on PROD1PC64 with SENATE February 26, 2009 CONGRESSIONAL RECORD — SENATE S2519 this one to a liberal and this one to a significant minority communities— ness. I say—and this is so short that I conservative. When I talk about diver- there is only one commercial TV sta- will read parts: sity of media ownership, it relates pri- tion owned by a racial or ethnic minor- The Commission shall take actions to en- marily to gender and race and other ity. The numbers are almost as dismal courage and promote diversity in commu- characteristics of that nature. We in radio. Nationwide, women own just 6 nication ownership and ensure that broad- don’t mandate it, even though you percent of broadcast stations; minori- cast station licenses are used in the public would think we did when you hear Sen- ties, 7.7 percent. In Chicago, only four interest. ator DEMINT read from my amend- radio stations are owned by minorities. That is so there is diversity in owner- ment. What we say is the Commission That is about 5 percent of the radio ship and we protect kids from sex and shall take actions to encourage and stations in Chicago, less than the na- violence. If the Senator thinks that is promote diversity in communications tional average. communism, I disagree with him. media ownership. I don’t think that is The content of the media should re- Then I say: a mandate to give licenses to any one flect the diversity of America. These Nothing in section 303A— group; it just says ‘‘take actions to statistics show this is not currently Which is what we are talking about promote and encourage,’’ something the case. The law says that should be in this amendment— that is already in the law. our goal. The existing law says that shall be construed to limit the authority of I might say to the Senator, section should be our goal. I restate the exist- the commission regarding matters unrelated 307B of the Communications Act—and I ing law, and the Senator from South to a requirement that broadcasters present hope you will have your staff look at Carolina calls it communism. I don’t or ascertain opposing viewpoints on issues of it—requires that the FCC ensure that think it is. I think it is still a worthy public importance. license ownership be spread among di- goal so that there is diversity in own- I protect what I think was the intent verse communities. It is there already. ership, diversity in stations. I am ac- of his amendment to prohibit the re- It is there already. This enslavement of knowledging the obvious. institution of the fairness doctrine, socialism, in the words of the Senator I am acknowledging the obvious: We which nobody has suggested, but to from South Carolina, is already there. are no longer in the world of three tele- make it clear that is as far as we go. I don’t think this is socialistic, com- vision networks; we are in a world We are not eliminating the require- munistic or unconstitutional. It is in where we have many different choices. ment of broadcasting in the public in- the law. So to say we are going to pro- I ask that we reaffirm diversity and terest for obvious reasons: We want to mote what the law already says is media ownership so there will be protect kids; we want to protect fami- hardly a denial of basic constitutional choices. I hope the Senator from South lies; we want to keep sex and violence freedoms. Second, the Communications Carolina cannot argue that we should away from kids; and make sure there is Act requires the FCC to eliminate mar- not have choices, that we cannot turn local news and weather so people can ket entry barriers for small businesses the dial to our favorite stations, or turn on the TV stations and learn to increase the diversity of media punch the remote control to reach about it. voices. That is section 257, which I those stations. I think that as long as All of these things, from my point of hope your staff will look at too. America has those choices, it serves view, are constructive, and I hope we To argue that what I am putting in the original goal of letting us hear dif- all agree. The Senator from South here is a dramatic change in the law or ferent sides of the story and doesn’t re- Carolina has said that old DURBIN will is going to somehow muzzle Rush impose the fairness doctrine, which argue for the fairness doctrine. Let’s Limbaugh is not the case. What we are none of us are asking for. correct the record. I am not doing that. suggesting is, it is best that we follow We need to make the media more ac- The fairness doctrine, in 2009, doesn’t the guidelines already in the law to cessible to all voices in America. Isn’t make sense. It might have made sense promote and encourage diversity in that what we are all about in this in 1948. We should not reinstitute that, media ownership. Even with cable, sat- country? Don’t we basically say we but let’s not give up on fairness. Let’s ellite, and Internet, broadcast TV and trust the people of this country to hear make sure American viewers of tele- radio, there are still important ways both sides of the story and make up vision and listeners of radio have we learn about what is going on in our their own minds? We sure do. We give choices. Making those choices can form communities and in our country. them a right to vote. I guess that is the an opinion that leads to their expres- The Senator from South Carolina most instructive delegation of author- sion of points of view and their votes. went on to say this amendment would ity you can give to a person: you get to There is nothing wrong with that. affect the Internet and blogs. I have to pick your leadership based on your For the people who want to take a li- remind the Senator they are not li- opinion. cense and use the airwaves, there are censed. They don’t have FCC licenses. All I am asking is that we encourage basic rules. We don’t want you to put They are not affected by this debate. diversity of media ownership so there gory movies and sex on television dur- You can start a blog tomorrow, I can, are more options, more opinions being ing early morning hours on a Saturday too, and I don’t have to go to the FCC shared, and Americans can choose the when kids are watching. We want you for approval. They certainly cannot ones they want. I will repeat so my to be careful in your content so you monitor that blog to determine wheth- friend from South Carolina under- don’t do something that is abusive of er it is in the public interest. That is stands clearly, I do not favor the rein- your use of our public airwaves. not the law. The Senator is on this statement of the fairness doctrine. The I yield the floor. rampage and, yet, when you look at world has changed. The world of media The PRESIDING OFFICER. The Sen- the facts, they do not apply to the and technology has changed. I believe ator from South Carolina is recognized. Internet or blogs. Americans are entitled to hear dif- Mr. DEMINT. Madam President, I al- We should be concerned, however, ferent points of view, and that is why I ways enjoy a good debate with the Sen- that the policies of the last decade restate the existing law—and I have ator from Illinois. He is certainly good have led to bigger and more consoli- given citations for both sections of the at what he does and, in this case, that dated media outlets controlling more Communications Act—which is that we is confusing facts. The good news for us of the stations and more of the con- need to have more diversity in media and all Americans is, this afternoon, on tent. As a result of these policies ownership in America. I have not pro- radio talk shows all across the coun- today, women and minorities are less posed taking away a license from any- try, they can find out what is in both likely to own media stations, even body or giving one to anybody. Setting of these amendments and what it real- though the existing law says that is a this as a goal is as American as apple ly means. They are not going to hear it goal when it comes to licensure. Na- pie and has nothing to do with com- here today. There have been a lot of tionwide, women own just 5 percent of munism or Marxism. distortions but interesting admissions. all broadcast TV stations. Racial or I say to the Senator I was careful in Certainly, the Senator from Illinois ethnic minorities own just 3.3 percent. writing this amendment, so I included made it very clear that he should be a In Chicago, the city I am proud to rep- a section very similar to his section (2) part of determining what is fair and resent—diverse and vibrant with many but narrowing it to the issue of fair- balanced and how we should determine

VerDate Nov 24 2008 00:45 Feb 27, 2009 Jkt 079060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G26FE6.018 S26FEPT1 smartinez on PROD1PC64 with SENATE S2520 CONGRESSIONAL RECORD — SENATE February 26, 2009 what is both sides. He mentioned there requirements to act in the public good. educational opportunities and, I also are 14,000 radio stations. What he does But it does keep us, as a government, feel, the opportunity of people to have with his amendment is he orders ‘‘shall from setting quotas and guidelines of the right to vote. take action to encourage and promote what opinions can be expressed and As a result of my concerns about the diversity and communication media how often they can be expressed. ways to rectify the lack of voting rep- ownership.’’ He wants our FCC to mon- Mr. LIEBERMAN. Will the Senator resentation for the District, I have ap- itor 14,000 radio stations to decide if yield for a question? proached this bill with the belief that their ownership is diverse. He said it Mr. DEMINT. Yes. citizens who pay taxes and serve in the doesn’t apply to the Internet, but we do Mr. LIEBERMAN. On that last point, military should have House representa- regulate the Internet. We regulate ev- am I correct in reaching the conclu- tion so long as such representation erything in America, folks—everything sion—and that second clause is prohib- conforms to the Constitution. that a Federal dollar touches. iting any similar requirement that Although a constitutional amend- Believe me, this language is not just broadcasters meet programming quotas ment would provide the clearest con- about radio stations; it is about doing or guidelines for issues of public impor- stitutional means to ensure District the impossible, and that is to centrally tance—that you do not intend to affect residents are provided House represen- manage the ownership of radio and or dislodge in any way existing FCC tation, after studying the legal argu- other communications in this country. laws or guidelines with regard to, for ments, I have concluded that there are It goes back to his original opinion instance, decency standards, language, sufficient indicia and precedent that that, yes, he believes there should be or sexually loaded content, or violent the Constitution’s District clause fair and balanced perspective presented content that currently prevails? grants Congress the constitutional au- in the media. But what he believes— Mr. DEMINT. The Senator is right. thority to give the District a House and what many on his side believe—is We have legal opinions on that, and it Member. As for any argument that the that fairness should be determined by doesn’t overrule any existing commis- bill is unconstitutional, I need only to those of us in Government rather than sion regulations. We asked the broad- say that I believe any ambiguity and the listeners and viewers who tune into casters’ legal counsel, and this is in- disagreement will be resolved quickly that radio or the TV station or go to tended to narrow this fairness doctrine by the courts. that Web site. backdoor approach of controlling what After weighing the constitutional ar- It is not for us to determine what is people say by establishing quotas and guments and equities, I have decided to fair and balanced. His distortion about guidelines about how that is done. I support this legislation—in fact, I am a my amendment and what it does is ex- thank the Senator for that question. cosponsor of this legislation—on one actly wrong. We do not address or We have probably talked enough condition: We must also continue to change in any way the requirements of about this subject. I reserve the re- give the families of the District a vote radio stations to act in the public in- mainder of my time. I yield the floor on how their children are educated. terest. The nonsense about children’s and suggest the absence of a quorum. Accordingly, I am proud to join Sen- programming and indecency has noth- The PRESIDING OFFICER. The ator ENSIGN in offering an amendment ing to do with this. It is another sec- clerk will call the roll. to reauthorize the District of Columbia tion in the law. I don’t affect that in The legislative clerk proceeded to Scholarship Program for an additional any way. call the roll. year. Perhaps one may wonder why am What this is about is, saying to your Mr. DEMINT. Madam President, I ask I so concerned about this issue. It is be- face, America, that they are not for re- unanimous consent that the order for cause of the fact that when I was Gov- instating the censorship of radio, while the quorum call be rescinded. ernor of Ohio, we started a scholarship at the same time introducing an The PRESIDING OFFICER. Without program in Ohio for children who were amendment that would allow us to go objection, it is so ordered. not members of the public schools. in and make our judgment, our opin- Mr. DEMINT. Madam President, I ask That experiment has worked to the ion, about what is diverse ownership of unanimous consent that the time dur- benefit of thousands of children, par- a radio station. ing the quorum call be equally divided. ticularly in the Cleveland district, who Let me read again what this provi- The PRESIDING OFFICER. Without have gone through the system and are sion in my amendment addresses. He objection, it is so ordered. now in college. I meet with them, and says it takes away the public interest Mr. DEMINT. I yield the floor and they tell me: Were it not for the Cleve- clause. It has nothing to do with that. suggest the absence of a quorum. land Scholarship Program where I had But it prohibits this backdoor ap- The PRESIDING OFFICER. The a choice to go to another school, I proach to getting back to the prin- clerk will call the roll. don’t believe I would be in college ciples of the fairness doctrine by say- The legislative clerk proceeded to today and be as successful as I have ing broadcasters do not have to meet call the roll. been. programming quotas and guidelines. In Mr. VOINOVICH. Madam President, I When I instituted that program, it other words, we can’t decide how many ask unanimous consent that the order was said it was unconstitutional. I am opinions they have to offer and what for the quorum call be rescinded. pleased to say that several years ago, the guidelines for those opinions are. It The PRESIDING OFFICER. Without the U.S. Supreme Court said that pro- is not for us to say. They have to fulfill objection, it is so ordered. viding scholarships to nonpublic school their public interest obligations. We AMENDMENT NO. 587 systems fit in with the Constitution of don’t change that. But this clause Mr. VOINOVICH. Madam President, our country. would keep the good Senator from Illi- today I speak as a Member of the Sen- When we had an opportunity to help nois and those on his side who want to ate, but also as a former chairman and the District, we provided $14 million censor radio from allowing the FCC to now ranking member of the Oversight for public schools, $14 million for char- go in and set some kind of quotas on of Government Management, the Fed- ters, and $14 million for the scholarship how often, how they need to state their eral Workforce, and the District of Co- program. It is a critical component of a opinions, and the guidelines for that. It lumbia Subcommittee. I have had a re- three-sector education strategy to pro- creates a license for us to go in and de- lationship with the District for quite vide a quality education to every child termine what opinions, how many some period of time and have been very in the District, regardless of income or opinions, and basically it is the fair- interested in the District and also in neighborhood. ness doctrine through the back door. the District’s reaching out in terms of The program provides up to $7,500 per I will restate that this Broadcasters providing a quality education for the student per year to fund tuition, fees, Freedom Act protects the constitu- boys and girls who live in the District, and transportation expenses for K–12 tional rights of freedom of speech and understanding that this is the Nation’s for low-income DC families. freedom of the press. It does nothing to Capital and it should be the shining To qualify, students must live in the dislodge or change the requirement city on a hill where people can come District and have a household income that public stations—radio or whatever from all over America and see the very of no more than 185 percent of the Fed- communications—meet the current law best we have in our country in terms of eral poverty level. In 2008, that was

VerDate Nov 24 2008 01:11 Feb 27, 2009 Jkt 079060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G26FE6.019 S26FEPT1 smartinez on PROD1PC64 with SENATE February 26, 2009 CONGRESSIONAL RECORD — SENATE S2521 about $39,000 per family of four. In fact, There being no objection, the mate- its benefits. After all, it was approved in 2004 the average income for families using rial was ordered to be printed in the as a pilot program, subject to study. In fact, scholarships in 2008 was just over RECORD, as follows: this is the rare experimental program that has been carefully designed to produce com- $24,000. [From the Washington Post, Jan. 26, 2009] parative results. But the proposed Demo- Since its inception, the program has SCHOOL VOUCHERS—DISTRICT PARENTS KNOW cratic provision would short-circuit this served over 2,600 students. They have WHY THE PROGRAM SHOULD CONTINUE. study. Results are not due until June, and an about 7,500 who would like to get in the Early surveys of D.C. parents of children additional year of testing is planned. Opera- program, but they do not have a place receiving federal school vouchers showed tors of the program need to accept applica- for them. Entering students had aver- many of them liked the program because tions this fall for the 2010–11 school year, and age math and reading test scores in the they believed their children were in safe reauthorizations are complicated, time-con- bottom third. schools. Over time, a new study shows, their suming affairs. Indeed, staff members on var- A recent evaluation of the Depart- satisfaction has deepened to include an ap- ious House and Senate committees scoffed yesterday when we asked about the chances ment of Education reaffirms academic preciation for small class sizes, rich curricula and positive change in their sons and of getting such a program reauthorized in gains among participants less than 2 daughters. Above all, what parents most less than a year. Legislation seeking reau- years after receiving a scholarship. value is the freedom to choose where their thorization has not even been introduced. They are benefiting from it. We need children go to school. If the Democratic leadership is so worried more time to see how it works out. I Here, for example, is what one parent told about process, it might want to review a re- wish to underscore that I think this is University of Arkansas researchers studying cent report from the Congressional Budget Office listing the hundreds of millions of dol- part of this whole package we put to- the District’s Opportunity Scholarship Pro- gram: ‘‘I know for a fact they would never lars that have been appropriated to programs gether. whose authorizations have expired. Many of Many Members of this body are un- have received this kind of education at a public school. . . . I listen to them when they these programs get far more than the $14 aware of the fact that today the people talk, and what they are saying, and they ar- million allocated to the Opportunity Schol- who live in the District can go to any ticulate better than I do, and I know it’s be- arships. House Minority Leader John A. public college in the United States and cause of the school, and I like that about Boehner (R-Ohio) was right to call out the we provide up to $10,000 for out-of- them, and I’m proud of them.’’ Overall, re- Democrats for this back-door attempt to kill State tuition. They are not aware of searchers found that choice boosts parents’ the voucher program. The attention should embarrass congressional Democrats into the fact that Don Graham over at the involvement in their children’s education. Whether they continue to have such a doing the right thing. If not, city leaders, in- Washington Post got the business com- cluding D.C. Mayor Adrian M. Fenty (D), munity together and set up the Wash- choice could be determined soon. The program that provides scholarships of up to need to let President Obama know that some ington scholarship program, the CAP $7,500 per year for low-income students to at- 1,800 poor children are likely to have their program, and $2,500 is available for tend private schools is funded only through educations disrupted. youngsters. Or that the Gates Founda- the 2009–10 school year. Unusually restrictive Mr. VOINOVICH. Madam President, tion thinks so much of what is hap- language being drafted for the omnibus budg- do you know why? It is because of the pening in the District that they pro- et bill would forbid any new funding unless National Education Association. They vided another $120 million to keep kids Congress reauthorizes the program and the do not want it to happen. They fought in school in the two worst dropout dis- District passes legislation in agreement. Yet it in my State. The Ohio school boards tricts in the District of Columbia. results of the Education Department’s sci- fought it. I will never forget going up entific study of the program are not expected There are some wonderful things hap- until June. for an endorsement in 2004 when I ran pening in the District, and yet—and We hope that, despite his stated reserva- last time. When I ran in 1998, I got sup- yet—there are some people here, be- tions about vouchers, President Obama in- port from the Ohio Education Society. cause of special interest groups, who cludes money in his upcoming budget to They said: No Governor has done more want to do away with the scholarship safeguard the interests of children in this for education than GEORGE VOINOVICH. program. They want to deny these chil- important local program and to preserve an So I came to Washington. They kind of dren an opportunity to have this edu- unusually rigorous research study. Mr. forgave me for the scholarship program cational opportunity, this smorgasbord Obama and his education secretary, Arne in Cleveland. They kind of let that go. Duncan, say they eschew ideology in favor of we have available to them. what serves the interests of children. Here’s Madam President, 2004 came along, What this amendment does is it ex- a chance to help 1,716 of them. and I went through the whole endorse- tends for 1 year that program as we ment procedure. I did everything. After look at it and see how it goes through [From the Washington Post, Feb. 25, 2009] it was over, many people came up to its metamorphosis. VOUCHER SUBTERFUGE—HOPING NO ONE NO- me and said: George, you absolutely I have to say to my colleagues on the TICES, CONGRESSIONAL DEMOCRATS STEP BE- did a fabulous job with your presen- other side of the aisle and this side of TWEEN 1,800 D.C. CHILDREN AND A GOOD tation, what you are trying to do with the aisle, if you want to do something EDUCATION education on the national level and that is disastrous to the kids in the Congressional Democrats want to mandate you are concerned about it. But we got District in terms of public relations that the District’s unique school voucher the word from Washington that you are and the interest of all these people in program be reauthorized before more federal not going to be endorsed because you the District, go ahead and make it im- money can be allocated for it. It is a seem- have broken the rule in supporting ingly innocuous requirement. In truth it is possible for this program to keep an ill-disguised bid to kill a program that scholarships, supporting an oppor- going. gives some poor parents a choice regarding tunity for kids to have another oppor- Think about this: the Gates Founda- where their children go to school. Many of tunity to go to school and try some- tion, the College Assistance Program— the Democrats have never liked vouchers, thing new. great things are happening in the Dis- and it seems they won’t let fairness or the I want to say this. In this country of trict today. What a terrible message it interests of low-income, minority children ours, we cannot survive with half the would send to the rest of the country stand in the way of their politics. But it also kids in our urban districts dropping and those who care about education in seems they’re too ashamed—and with good out of school. I am glad the President the District if we were denied this op- reason—to admit to what they’re doing. At issue is a provision in the 2009 omnibus spoke about it in his State of the portunity, this experiment to continue spending bill making its way through Con- Union. I am glad the President talked in the District. gress. The $410 billion package provides about charter schools. But the real I ask unanimous consent to have funds for the 2009–10 school year to the D.C. question is, Is he going to stand up and printed in the RECORD two editorials, Opportunity Scholarship Program, a pio- are the Democrats on the other side of one on January 26 titled ‘‘School neering effort that awards scholarships of up the aisle and some Republicans going Vouchers, District parents know why to $7,500 a year for low-income students to to stand up to the National Education the program should continue.’’ The de- attend private schools. But language in- Association, the National School mand for it is tremendous. They want serted by Democrats into the bill stipulates that any future appropriations will require Boards Association and some of these it. And a recent editorial, ‘‘Hoping no the reauthorization of the program by Con- groups that want to keep things as one notices, congressional Democrats gress and approval from the D.C. Council. they are? step between 1,800 DC children and a We have no problem with Congress taking I am going to tell you something, good education.’’ a careful look at this initiative and weighing Madam President. We will never make

VerDate Nov 24 2008 01:11 Feb 27, 2009 Jkt 079060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G26FE6.020 S26FEPT1 smartinez on PROD1PC64 with SENATE S2522 CONGRESSIONAL RECORD — SENATE February 26, 2009 it. I want everybody to understand that The PRESIDING OFFICER. Without help States pay for essential programs I am for this bill, voting rights, but I objection, it is so ordered. such as Medicaid and unemployment am not going to support this bill unless The amendment is as follows: insurance. The economic recovery I am convinced we are going to have an (Purpose: To encourage and promote diver- package means money for job-creating opportunity to debate this issue in the sity in communication media ownership, efforts from shovel-ready projects to Senate and keep this program going for and to ensure that the public airwaves are long-term investment in new tech- the boys and girls who are benefiting used in the public interest) nology. from it, the same kind of program that At the end of the bill add the following: In this economic crisis, we have seen benefited so many thousands of people SEC. 9. FCC AUTHORITIES. demand for manufactured goods slow in the State of Ohio. (a) CLARIFICATION OF GENERAL POWERS.— to a crawl. Coupled with the unavail- I yield the floor. Title III of the Communications Act of 1934 ability of credit, many manufacturers The PRESIDING OFFICER. The Sen- is amended by inserting after section 303 (47 have ceased or idled operations. Amer- ator from Connecticut. U.S.C. 303) the following new section: ican manufacturing shed 800,000 jobs Mr. LIEBERMAN. Madam President, ‘‘SEC. 303B. CLARIFICATION OF GENERAL POW- last year, nearly one-third of all job I thank my friend from Ohio. He speaks ERS. losses. Last week many people prob- ‘‘(a) CERTAIN AFFIRMATIVE ACTIONS RE- with such admirable passion about the ably missed the bad news on manufac- QUIRED.—The Commission shall take actions needs of children who obviously are not turing released by the Federal Reserve. his. He has a record on this issue. He to encourage and promote diversity in communication media ownership and to ensure The Fed reported that output in manu- knows, as I do, though, that some that broadcast station licenses are used in facturing fell 2.5 percent in January. groups may disapprove, oppose this DC the public interest. That means manufacturing lost 207,000 low-income student scholarship pro- ‘‘(b) CONSTRUCTION.—Nothing in section jobs in January alone. That is on top of gram. One group that doesn’t oppose 303A shall be construed to limit the author- manufacturing falling nearly 3 percent it—in fact, enthusiastically supports ity of the Commission regarding matters unin December. This puts manufac- related to a requirement that broadcasters it—is the parents of low-income chil- turing’s decline over the last 3 months dren in the District who have oversub- present or ascertain opposing viewpoints on issues of public importance.’’. at a shocking 26.7 percent. scribed by multiples for this program That is why this recovery package is every year. (b) SEVERABILITY.—Notwithstanding section 7(a), if any provision of section 2(a)(1), so important. The recovery package We are going to have conversations 2(b)(1), or 3 or any amendment made by those has two key objectives: stimulate the during this discussion. I support this sections is declared or held invalid or unen- economy and create jobs. The Govern- program, as my friend from Ohio forceable by a court of competent jurisdic- ment is investing billions of tax dollars knows. Hopefully, we can get to a point tion, the amendment made by subsection (a) in infrastructure, in safety net pro- where we can have an agreement that and the application of such amendment to grams and alternative energy develop- will get some floor time for this discus- any other person or circumstance shall not be affected by such holding. ment. It is common sense to ensure sion. As I said earlier, since the Home- that Federal funds for this recovery are land Security and Governmental Af- Mr. DURBIN. Mr. President, I sug- used to buy American products and to fairs Committee has tucked within it gest the absence of a quorum. help promote manufacturing and job jurisdiction over matters related to the The PRESIDING OFFICER. The creation. District of Columbia, we would, I be- clerk will call the roll. Studies across the board say more lieve, be the authorizing committee. The assistant legislative clerk pro- jobs are created when we have strong I am certainly committed to holding ceeded to call the roll. domestic sourcing requirements. One a hearing on the reauthorization bill. Mrs. LINCOLN. Mr. President, I ask recent study estimates 33 percent more The Senator from Ohio rightly wants unanimous consent that the order for manufacturing jobs will be created to guarantee by one means or another the quorum call be rescinded. with ‘‘Buy America’’. When we utilize that there will be floor debate on this The PRESIDING OFFICER. Without domestically manufactured goods, the issue in a timely way; that is, so that objection, it is so ordered. more jobs we will create and the great- we can consider it in plenty of time for Mrs. LINCOLN. Mr. President, I ask er the stimulus will be to our economy, the DC school system to act. unanimous consent to speak as in an economy that has been the engine of Most of all, I tell him I admire the morning business. growth for the world. The American strength of his position because it is a The PRESIDING OFFICER. Without people clearly have spoken out that position that cares for children. It is objection, it is so ordered. they want this ‘‘Buy America’’ provi- not against anything. It is for a good (The remarks of Mrs. LINCOLN and sion. ‘‘Buy America’’ is common sense. education for all our children. I thank Mr. CHAMBLISS are printed in today’s The majority of Americans know that. him. I admire him. RECORD under ‘‘Morning Business.’’) Some 84 percent favored strong ‘‘Buy I yield the floor. Mr. CHAMBLISS. Mr. President, I I suggest the absence of a quorum. America’’ provisions in the stimulus. suggest the absence of a quorum. Last week in Cleveland I visited The PRESIDING OFFICER (Mr. The PRESIDING OFFICER. The UDALL of Colorado). The clerk will call ArcelorMittal Steel, a steel manufac- clerk will call the roll. turer that employs lots of people but is the roll. The assistant legislative clerk pro- The legislative clerk proceeded to a foreign-owned company. I met with ceeded to call the roll. call the roll. the plant manager and his staff. I met Mr. DURBIN. Mr. President, I ask Mr. BROWN. I ask unanimous con- with union workers, including some unanimous consent that the order for sent that the order for the quorum call who were recently laid off. This com- the quorum call be rescinded. be rescinded. pany, similar to all steel companies, is The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without down 45 percent of its capacity. They objection, it is so ordered. objection, it is so ordered. are forced to lay off workers because AMENDMENT NO. 591 BUY AMERICA the demand for steel has declined— Mr. DURBIN. Mr. President, I ask Mr. BROWN. Mr. President, we are in steel for autos, steel for household ap- unanimous consent that the pending the worst recession since the Great De- pliances, steel for infrastructure amendment be set aside and that the pression. We have been in a recession projects. We talked about ‘‘Buy Amer- clerk report the amendment which I in my State longer than the official 13 ica’’ provisions and how that can help have pending at the desk. months that economists have noted. the plant get up and running again. It The clerk will report the amendment. With the economic recovery package is important to note that The assistant legislative clerk read signed into law last week, we took a ArcelorMittal is an international com- as follows: major step toward getting our economy pany. Its headquarters is not located in The Senator from Illinois [Mr. DURBIN] on the path for success and toward re- the United States. Yet that company proposes an amendment numbered 591. building and strengthening the Na- believes ‘‘Buy America’’ provisions Mr. DURBIN. I ask unanimous con- tion’s middle class. The economic remake sense, a foreign-based company sent that the amendment be considered covery package means billions of dol- that supports ‘‘Buy America’’ provi- as read. lars to help shore up State budgets and sions in the recovery package. There

VerDate Nov 24 2008 01:11 Feb 27, 2009 Jkt 079060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G26FE6.021 S26FEPT1 smartinez on PROD1PC64 with SENATE February 26, 2009 CONGRESSIONAL RECORD — SENATE S2523 are more foreign-based companies with Britain overspecialize in finance while FCC over 20 years ago. I do not support American factories such as neglecting manufacturing. Some might its reinstatement because I don’t like ArcelorMittal that can benefit from say that has happened here. The people the idea of the government microman- the stimulus. I hope ‘‘Buy America,’’ if screaming bloody murder about ‘‘Buy aging speech. I also have serious ques- properly implemented and properly en- America’’ are the same people who tions about whether it would be con- forced, will help manufacturers such as oversold the benefits of free trade. stitutional to reinstate the fairness ArcelorMittal and even attract new These are entrenched interests, compa- doctrine, given the wide variety of foreign investment in the United nies that, for instance, outsource their media outlets available for the expres- States. We need to make sure these manufacturing, move their manufac- sion of different points of view. That is provisions are properly implemented. turing plants abroad. They import why I voted for the amendment offered We need to make sure that when a products back into the United States, by Senator DEMINT banning the fair- State or local government requests a and they use cheap labor. That is so ness doctrine. waiver on ‘‘Buy America’’ provisions, much of the story. In opposing ‘‘Buy Unfortunately, that amendment was the agency makes the request known. America,’’ companies would say: We drafted so broadly that it could have We need transparency so that, at the want to be able to sell our products also restricted the FCC from encour- very least, the taxpayers know if dol- overseas. That is not the real story. aging localism and ensuring that lars are going to domestic or foreign The real story is these companies want broadcasters are living up to their pub- manufacturers. to outsource their production to China, lic interest responsibilities. These are There are good reasons on occasion use very inexpensive labor, take advan- responsibilities that broadcasters agree to have waivers. Sometimes domestic tage of no worker safety rules in China, to when they are provided a segment of steel or iron or cement might be too take advantage of very weak environ- spectrum—a valuable piece of public costly for a project to make sense. mental rules in China, make those property—and they should not be un- Sometimes the right product in the products there and then import them done. I supported the Durbin amend- right quantity may not be available at back into the United States, outsource ment to clarify that public interest ob- the right time. Waivers are fine if im- the jobs to China, make the products ligations remain, while ensuring that plemented correctly, fairly, and with there, and bring the products back to the fairness doctrine does not return. Mr. DORGAN. My vote on the transparency. But that has not always the United States. We know what that DeMint amendment, No. 573, should been the case. Since 2001, the Federal does to American employment. We also not be construed as a vote in favor of Highway Administration has granted know what it does for food safety, toy restoring the fairness doctrine. I do not 54 ‘‘Buy America’’ waivers. The Federal safety, vitamins, all the things we have Transit Administration has granted favor restoring the fairness doctrine. seen, contaminants in the food and However, the DeMint amendment more than 40 waivers. Most were grant- toys. We cannot afford this any longer. went much further than legislating on ed based on the product not being We cannot be a healthy economy with- the fairness doctrine. His amendment available in the United States. When out strong manufacturing. A healthy would have prohibited the FCC from es- the waiver request is not known by economy is a balanced one, not overly tablishing any program guidelines at anyone except the Federal agency that dependent on one sector. all no matter how reasonable. For ex- receives it, how do we know the prod- Let me be clear. ‘‘Buy America’’ is ample, his amendment would have pro- ucts are not made in America? Waivers not about slowing international trade. hibited the FCC from establishing can be fine but not if they are granted The editorial boards and pundits may guidelines for children’s programs or without transparency. We have a re- scream trade war when the Congress guidelines to prohibit violent program- sponsibility to the taxpayer to ensure considers how it will spend taxpayer ming during a family viewing hour in that these dollars are creating Amer- dollars, but there is no danger of a the evening. These are just two exam- ican jobs. trade war. There is no danger of protec- ples that the DeMint amendment Americans, whether they are in Den- tionism. We are a country with the would have prohibited. ver or Columbus, have supported ‘‘Buy most open markets in the world. We To be clear, I support the provision America’’ in large numbers. We know are a country with an $800 billion trade in the DeMint amendment that would that, when the President spoke down deficit, $2 billion a day going out of the have precluded the restoration of the the hall in the House about this stim- country rather than money coming fairness doctrine. My view is that the ulus package and about our efforts. We into the country. How can we be called fairness doctrine is not appropriate for also know, if we are going to ask Amer- protectionist when we have that pol- today’s market. I do support the cre- icans to reach into their pockets and icy? ation of reasonable public interest spend tens of millions of dollars on in- The United States will continue to standards that attach to a broadcast li- frastructure projects, as Americans have the most open market in the cense dealing with localism issues and have said they would, we also need to world, and we should. The United community responsibility. But, I could know this will create the jobs we prom- States is a signatory to the World not vote for such a broad amendment ised. Trade Organization and other trade that would have stripped from FCC rea- The American people want three deals that actually limit policies that sonable and appropriate regulation of things: Accountability, which we give countries can use on things such as the type described above. in this package; they want to know ‘‘Buy America’’ or on climate change AMENDMENT NO. 591 that this infrastructure is done by or on food and product safety. That, in The PRESIDING OFFICER (Mr. BEN- American workers; and they want to itself, is a subject matter for further NET). The Senator from Illinois. know their tax dollars are used to buy debate. Mr. DURBIN. It is my understanding materials made in America for these This is about using tax dollars in the the vote is scheduled for 2 o’clock. projects that American workers are best way to create jobs in Illinois, Col- The PRESIDING OFFICER. The Sen- building. orado, and in Ohio. Now that the provi- ator is correct. We have a responsibility to give sions are in the bill, Congress will work Mr. DURBIN. I ask unanimous con- American manufacturers the oppor- with the Obama administration in im- sent that it be moved until 2 minutes tunity to bid on the steel and iron and plementing them with transparency after 2 and I be allowed to speak and cement and the concrete that will be in and accountability. It is the right there be response. demand for these massive investments. thing to do. It will put Americans back The PRESIDING OFFICER. Without ‘‘Buy America’’ is significant because to work. Americans demand that their objection, it is so ordered. it helps ensure we have a diverse and tax dollars be spent on American work- Mr. DURBIN. Mr. President, before strong manufacturing base. ers using American products to build us is a debate on the fairness doctrine. Textbook trade theory says that this infrastructure to make a better Sixty years ago, the Federal Commu- making companies more and more spe- economy. nications Commission said radio and cialized in one sector is an unquestion- I thank the Chair. TV stations had to tell Americans both able good, but that is not always true. Mr. FEINGOLD. Mr. President, the sides of the story. In those days, tele- We have seen countries such as Great fairness doctrine was repealed by the vision was just starting. In the 1950s,

VerDate Nov 24 2008 01:11 Feb 27, 2009 Jkt 079060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G26FE6.029 S26FEPT1 smartinez on PROD1PC64 with SENATE S2524 CONGRESSIONAL RECORD — SENATE February 26, 2009 three networks emerged and the fair- Mr. MCCONNELL. Mr. President, in Menendez Reed Tester Merkley Reid Udall (CO) ness doctrine applied for decades. Then, recent months, a number of our col- Mikulski Rockefeller Udall (NM) in 1987, the FCC canceled the fairness leagues on the other side of the aisle Murray Sanders Warner doctrine, and there has been a debate have expressed support for reinstating Nelson (FL) Schumer Webb ever since whether we should return to the so-called fairness doctrine. But Nelson (NE) Shaheen Whitehouse Pryor Stabenow Wyden it. let’s be honest. The fairness doctrine Well, if you want to argue whether was anything but fair. It amounted to NAYS—41 Americans should hear both sides of Government control over political Alexander DeMint McCain every story to make up their minds, I speech, and in the end it actually re- Barrasso Ensign McConnell Bennett Enzi Murkowski think it is a pretty basic concept. But sulted in less, not more, political dis- Bond Graham Risch while we were debating whether to re- course over the airwaves because Brownback Grassley Roberts turn to the fairness doctrine, media broadcasters did not want to deal with Bunning Gregg Sessions Burr Hatch and technology changed dramatically. all of its redtape. That is precisely why Shelby Chambliss Hutchison Snowe It is no longer three networks, it is 200 the Federal Communications Commis- Coburn Inhofe Specter Cochran Isakson channels, cable channels, and all sorts sion repealed it back in 1987, and why Thune Collins Johanns of opportunities for information. Vitter we must keep it from being reinstated Corker Kyl So the fairness doctrine in its day now. Cornyn Lugar Voinovich was the right thing for the right rea- The reality behind this so-called fair- Crapo Martinez Wicker son. Today it is not. Senator DEMINT ness doctrine is that some of my NOT VOTING—1 wants to eliminate it—make sure no friends on the other side do not like Kennedy one brings it back. No one is planning what they are hearing on the radio The amendment (No. 591) was agreed on bringing it back. There is no prob- these days. So instead of addressing lem with that. But he included some to. the criticisms head on, they want to si- Mr. DURBIN. Mr. President, I move language in his amendment that goes lence them. to reconsider the vote. too far. It takes away the authority of Americans will not stand for that, Mr. NELSON of Nebraska. I move to the Federal Communications Commis- and we will not let it happen. Govern- lay that motion on the table. sion to basically determine that radio ment is not the speech police, and I The motion to lay on the table was and TV stations use their Federal li- will not support—and I am confident agreed to. censes in the public interest. What does the American people do not support— AMENDMENT NO. 573 that mean? efforts to restrict free speech. The PRESIDING OFFICER. There It means the FCC can tell a tele- The Founding Fathers enshrined the will now be 2 minutes of debate, equal- vision station it cannot put on a vio- right to free speech in the very first ly divided, before a vote in relation to lent movie early on Saturday morning amendment to the Constitution be- amendment No. 573 offered by the Sen- when kids are tuning in to cartoons. It cause they knew it was fundamental— ator from South Carolina. Who yields cannot put on something with sexual that it was the one right without which time? tones to it at a time when children and the others would lose their force. They The Senator from South Carolina. family are watching. There are limita- also knew future generations would Mr. DEMINT. Mr. President, if I tions because it is using America’s air- have to continue to defend that right could have my colleagues’ attention for waves to make money. Use them re- from those who viewed it as an obsta- just a moment, I think this should be sponsibly in the public interest. I think cle to their goals. an easy vote for all of us. President it was inadvertent, but, in fact, he re- We should adopt the DeMint amend- Obama has expressed his opposition to moved that. He removed that authority ment to kill the so-called fairness doc- the fairness doctrine. Senator DURBIN of the FCC. trine once and for all. has expressed his opposition to the My amendment says two things. It is I yield the floor. fairness doctrine. This amendment, the the first amendment we will vote on. The PRESIDING OFFICER. The Broadcasters Freedom Act, prohibits First, the existing statutory require- question is on agreeing to amendment the Federal Communications Commis- ment for diversity in media ownership No. 591 offered by the Senator from Illi- sion from implementing all or part of is going to be encouraged so we have nois. the fairness doctrine, which has been more and more different people apply- Mr. DURBIN. Mr. President, I ask for repealed. ing for licenses for radio and TV sta- I wish to clear up one misunder- the yeas and nays. tions. There is nothing wrong with standing that has been stated on the The PRESIDING OFFICER. Is there a that, as I see it. It is already in the other side. This amendment does not sufficient second? law. Secondly, do not take away the affect the public interest requirements FCC’s power to say to public licensees There appears to be a sufficient sec- of broadcast radio. It does not change of television and radio: Operate in the ond. children’s programming or opposition public interest. Make sure you have The clerk will call the roll. to indecency. What it does is, it pro- local news and weather. Make sure you The assistant legislative clerk called hibits quotas and guidelines on pro- do not have sexual content and vio- the roll. gramming, which is another way to lence on children’s shows—basic things Mr. DURBIN. I announce that the prohibit the implementation of the that are common sense. Senator from Massachusetts (Mr. KEN- fairness doctrine. I do not think the Senator from NEDY) is necessarily absent. While the fairness doctrine is a direct South Carolina wanted to change that. The PRESIDING OFFICER. Are there and obvious method to burden and chill He did inadvertently. My amendment any other Senators in the Chamber de- broadcaster speech, there are also sev- cleans it up. If the Durbin amendment siring to vote? eral indirect ways that are not as well- is adopted, I encourage people to sup- The result was announced—yeas 57, known, but no less available to pro- port both the Durbin amendment and nays 41, as follows: ponents of limiting the freedom of our the DeMint amendment. If my amend- [Rollcall Vote No. 70 Leg.] national media. ment is not adopted, I hope they will YEAS—57 Last year’s FCC Localism Notice of reconsider their support for Senator Akaka Carper Johnson Proposed Rulemaking—MB Docket No. DEMINT’s amendment. Baucus Casey Kaufman 04–233, released January 24, 2008, ‘‘Lo- The PRESIDING OFFICER. The Sen- Bayh Conrad Kerry calism Notice’’—contained a number of ator’s time has expired. Begich Dodd Klobuchar ‘‘tentative conclusions’’ that, if adopt- Bennet Dorgan Kohl The Republican leader is recognized. Bingaman Durbin Landrieu ed, would result in greater regulation Mr. MCCONNELL. Mr. President, I Boxer Feingold Lautenberg of broadcaster speech. am going to proceed for a few moments Brown Feinstein Leahy First, the FCC proposed to reintro- on leader time. Burris Gillibrand Levin duce license renewal processing ‘‘guide- Byrd Hagan Lieberman The PRESIDING OFFICER. The Sen- Cantwell Harkin Lincoln lines’’ that would measure specific cat- ator may proceed. Cardin Inouye McCaskill egories of speech aired by broadcasters.

VerDate Nov 24 2008 01:11 Feb 27, 2009 Jkt 079060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G26FE6.042 S26FEPT1 smartinez on PROD1PC64 with SENATE February 26, 2009 CONGRESSIONAL RECORD — SENATE S2525 The guidelines would pressure broad- Mr. LIEBERMAN. Mr. President, I lation to amendment No. 575; that upon casters to air Commission-specified yield back the time on our side. disposition of amendment No. 575, no amounts of programming in Commis- Mr. DEMINT. Mr. President, I ask for further amendments be in order; that sion-defined program categories. Al- the yeas and nays. the substitute amendment, as amend- though the Localism Notice does not The PRESIDING OFFICER. Is there a ed, be agreed to, the bill, as amended, specify which categories broadcasters sufficient second? There is a sufficient be read a third time, and the Senate would be measured by, political pro- second. The question is on agreeing to proceed to vote on passage of the bill; gramming, public affairs programming, the amendment. that passage of the bill be subject to a and local news are mentioned as pos- The clerk will call the roll. 60-vote threshold; that if the bill sible types of programming to be regu- The assistant legislative clerk called achieves that threshold, then the mo- lated. Broadcasters that do not meet the roll. tion to reconsider be laid upon the the thresholds to the Commission’s Mr. DURBIN. I announce that the table; provided further that the cloture satisfaction would risk losing their li- Senator from Massachusetts (Mr. KEN- motion be withdrawn, with this adden- cense to broadcast. NEDY) is necessarily absent. dum: that 2 minutes of Senator EN- While ostensibly the renewal proc- The PRESIDING OFFICER (Mr. SIGN’s time be reserved to occur at 3:45 essing guidelines are meant to increase MERKLEY). Are there any other Sen- p.m., with the vote occurring with re- the total amount of local program- ators in the Chamber desiring to vote? spect to Ensign amendment No. 575 fol- ming, the adjective ‘‘local’’ is ill-de- The result was announced—yeas 87, lowing Senator ENSIGN’s 2 minutes. fined in this proceeding. It could be ex- nays 11, as follows: The PRESIDING OFFICER. Without panded to include an almost limitless [Rollcall Vote No. 71 Leg.] objection, it is so ordered. array of speech and could shift with YEAS—87 The Senator from South Dakota. the political winds. Akaka Durbin McConnell AMENDMENT NO. 579 WITHDRAWN My amendment, DeMint No. 573, Alexander Ensign Menendez Mr. THUNE. Mr. President, I had would not eliminate the FCC’s power Barrasso Enzi Merkley filed an amendment and have pending to develop license renewal processing Baucus Feingold Mikulski at the desk amendment No. 579, which Bayh Gillibrand Murkowski guidelines completely, but only its au- Begich Graham Murray is a concealed carry amendment. I thority to develop processing guide- Bennet Grassley Nelson (FL) talked about it yesterday on the floor lines that mimic its past authority Bennett Gregg Nelson (NE) of the Senate. I would like to have had Bond Hagan Pryor under the fairness doctrine, hence the Boxer Hatch Reid a vote on it and certainly believe it is language which limits it to quotas or Brown Hutchison Risch something the Senate ought to con- guidelines for issues of public impor- Brownback Inhofe Roberts sider. It is worth voting on. tance. Bunning Inouye Schumer My State of South Dakota is one of Burr Isakson Sessions The second way in which the Com- Burris Johanns Shaheen many States around the country that mission has proposed to indirectly reg- Byrd Kaufman Shelby has concealed carry laws. What my ulate broadcaster speech is by return of Cantwell Klobuchar Snowe amendment simply would have done is ascertainment requirements, which Cardin Kohl Specter Carper Kyl Stabenow allowed those who have concealed would mandate that every broadcaster Casey Landrieu Tester carry permits in a particular State to develop and meet with an ‘‘advisory Chambliss Lautenberg Thune have reciprocity with other States that board’’ made up of community groups Coburn Leahy Udall (CO) have concealed carry laws, respectful Cochran Levin Udall (NM) and local officials that would ‘‘inform Collins Lieberman Vitter of the laws of those other States, but it the stations’ programming decisions.’’ Corker Lincoln Voinovich would have allowed people of this coun- This proposal would make broadcasters Cornyn Lugar Warner try under the second amendment to ex- very vulnerable to pressure or even Crapo Martinez Webb DeMint McCain Wicker ercise the individual right to carry harassment by groups that do not ap- Dodd McCaskill Wyden firearms insofar as they are adhering prove of their programming. and following the laws of the State not NAYS—11 A similar ascertainment requirement only in which they reside but the State was eliminated in the early 1980s after Bingaman Harkin Rockefeller in which they would be carrying that Conrad Johnson Sanders the Commission determined that the Dorgan Kerry Whitehouse firearm. That is something for which I rule did more to create bureaucratic Feinstein Reed think there is a lot of support. burdens than it did to improve broad- NOT VOTING—1 I introduced a bill in the Senate. It casting. has 19 cosponsors. As I said, I offered Kennedy Like the processing guidelines, the the amendment to this particular piece ascertainment requirement could be- The amendment (No. 573) was agreed of legislation. My understanding is the come a factor for broadcasters at li- to. other side does not want to vote on it. cense renewal. Groups that feel a local Mr. LIEBERMAN. Mr. President, I What I have tried to ascertain is broadcaster did not listen to their sug- move to reconsider the vote, and I whether the chairman of the Judiciary gestions through the advisory board— move to lay that motion on the table. Committee, the Senator from Vermont, suggestions to, for example, air more The motion to lay on the table was Mr. LEAHY, would be willing to hold a programming that addresses whatever agreed to. hearing. He informs me he will do that. social or political issue is of concern to Mr. LIEBERMAN. Mr. President, I I will have a hearing on the bill itself. these groups—could challenge the have a unanimous consent request that With that understanding, Mr. Presi- broadcasters’ license and argue that has been agreed to on both sides. It is dent, my intention is to withdraw the broadcaster ignored the ‘‘needs and as follows: I ask unanimous consent amendment No. 579 and hope that we interests’’ of their local community. that amendments Nos. 579 and 587 be will have an opportunity to consider it Talk radio would be particularly vul- withdrawn and that when the Senate at some point at a future date. nerable to this type of harassment, as resumes consideration of the Ensign The PRESIDING OFFICER. The would religious broadcasters. amendment No. 575, the second-degree amendment has been withdrawn. Again, my amendment, DeMint No. amendment No. 576 be withdrawn; that The Senator from Connecticut. 573, would not eliminate the Commis- there then be 30 minutes of debate Mr. LIEBERMAN. Mr. President, I sion’s authority to mandate ascertain- prior to a vote in relation to the En- thank my friend from South Dakota. I ment completely, but only its author- sign amendment, with no amendment just want to say as a manager of the ity to mandate that broadcasters seek in order to the amendment prior to a bill, I was present at the conversation out opposing viewpoints on ‘‘issues of vote, with the time equally divided and with Senator LEAHY, the chairman of public importance.’’ controlled between Senators ENSIGN the Judiciary Committee, and Senator I encourage all of my colleagues to and FEINSTEIN or their designees; and THUNE. The conversation was exactly support this amendment. further, that Senator FEINSTEIN’s 15 as reported. The PRESIDING OFFICER. Who minutes begin at 3:30 p.m.; that at 3:45 Senator LEAHY could not be here be- yields time in opposition? p.m., the Senate proceed to vote in re- cause he had other pressing business,

VerDate Nov 24 2008 01:11 Feb 27, 2009 Jkt 079060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\G26FE6.045 S26FEPT1 smartinez on PROD1PC64 with SENATE S2526 CONGRESSIONAL RECORD — SENATE February 26, 2009 but he asked me to represent to our That is a scare tactic. Our amendment The legislative clerk proceeded to colleagues that the Judiciary Com- basically ensures the individual’s sec- call the roll. mittee will hold a hearing on the ond amendment right. It removes the Mr. SCHUMER. Mr. President, I ask amendment offered by Senator THUNE tremendous barriers and burdens on unanimous consent that the order for and now withdrawn. law-abiding citizens to be able to have the quorum call be rescinded. The PRESIDING OFFICER. The Sen- the protection they want, to protect The PRESIDING OFFICER. Without ator from Arizona. themselves in their own homes. objection, it is so ordered. Mr. KYL. Mr. President, the last Right now, we know that if a crimi- Mr. SCHUMER. Mr. President, I rise amendment is going to be debated nal in Washington, DC, wants to get a now for the second time in strong oppo- soon. Senator ENSIGN is here to begin gun, they will get a gun. We are mak- sition to Senator ENSIGN’s amendment. that debate. ing it difficult for the people who actu- This is a dangerous amendment that Both Senator MCCONNELL and I ally abide by the law to get a gun. We goes far beyond anything the Supreme would like to make some brief re- want law-abiding citizens to have the Court contemplated in the Heller deci- marks. arms, not just the criminals. That is sion. If you have been committed to a (The remarks of Mr. KYL and Mr. what this amendment is really all mental institution, if you can’t pass a MCCONNELL are printed in today’s about. vision test, this forces the District of RECORD under ‘‘Morning Business.’’) You are probably going to hear some Columbia to still allow you to have a The PRESIDING OFFICER. The Sen- people say that Washington, DC, is just gun. That doesn’t make any sense. ator from Nevada. trying, within the Supreme Court deci- Americans basically believe in the Heller decision, which says there is a AMENDMENT NO. 575 sion, to enact laws that will put rea- right to bear arms in the Constitution. Mr. ENSIGN. Mr. President, I wish to sonable restrictions on guns. I would But Americans have the good sense to take a little bit of time to refute some say that is not the case, and the reason it is not the case is they are actually know that no amendment is absolute. of the inaccuracies about my amend- We put limitations on the first amendment dealing with the repeal of the gun trying to make technical changes in the law which they think will restrict ment—libel laws, pornography; you ban in the District of Columbia. This can’t falsely scream ‘‘fire’’ in a crowd- really is about restoring second amend- people’s rights to keep and bear arms. It is going against the intent of what ed theater. We put limits on every ment rights to residents who live here other amendment. Why is it that some in the District of Columbia. We have a the Supreme Court has enacted. People across the United States have in the gun lobby say there should be no constitutional right and duty to deal recognized for a long time how impor- limitation on the second amendment? with matters dealing with the District tant it is for individuals to be able to They support limitations on the first of Columbia. keep and bear arms. amendment. I am sure most of them Last year, the Supreme Court ruled Around the world, we often hear feel antipornography laws are justified. that the laws that had been passed by asked: Well, why does Great Britain Just as those on the left, I believe, the city council in the District of Co- have a lower murder rate than the are wrong to say the first amendment lumbia were in fact unconstitutional United States? Well, first of all, there should be broad, the fourth amendment because the District of Columbia did are a lot of cultural differences be- should be broad, the fifth amendment not recognize there was a constitu- tween the United States and Great should be broad, but the second amend- tional right to the individual—not just Britain. But also, since Great Britain ment should be seen through the pin- a militia but to the individual—to keep enacted some of its strictest gun con- hole of only militias, those on the and bear arms. Since then, the District trol laws, murder rates have actually other side are equally wrong when they of Columbia has attempted to subvert gone up in London. do the converse and say the first what the Supreme Court said by put- In case after case where you look to amendment should be narrow, the ting very burdensome types of laws to find out whether gun control laws ac- fourth amendment should be narrow, make it more and more difficult for tually are effective in reducing crime, the fifth amendment should be narrow, District residents to own a gun in order the statistics are pretty overwhelming but the second amendment should have to protect themselves in their own against it. Criminals will get the guns. almost no limitation. homes. They get them on the black market or Isn’t it reasonable to say that some- It is interesting. If you go back to they go someplace, but they get their one who has been in a mental institu- what the Founders talked about, as far guns. The question is, Are law-abiding tion shouldn’t automatically get a as the second amendment, look at citizens going to be able to protect gun? Isn’t it reasonable to say that if James Madison. He wrote in Federalist themselves in their own homes? someone fails a vision test, they should No. 46: That is what this amendment is at- not automatically get a gun? Of course . . . the advantage of being armed, which tempting to do, to say to citizens who it is. But because we get into sort of a the Americans possess over the people of al- live in the District of Columbia: We are macho game here of, hey, we are going most every other nation . . . forms a barrier going to protect your second amend- to show there should be no limitations against the enterprises of ambition, more in- ment rights. The laws the District of on the second amendment, we end up surmountable than any which a simple gov- hearing about fundamentally absurd ernment of any form can admit of. Columbia has enacted to own a gun are stricter than what we require in Ne- propositions that those who fail vision Washington, DC, has blatantly vio- vada to get a concealed weapons per- tests should be allowed a gun. It defies lated this right for more than 30 years, mit. common sense to say that someone and it has led to catastrophic results. Mr. President, I believe it is high who is voluntarily committed to a This chart reflects the murder rates in time this body give the citizens who mental institution should be allowed to Washington, DC, relative to 48 other of live in the District of Columbia that get a gun. In fact, limitations on access the largest cities, excluding Chicago, second amendment right to keep and to guns by the mentally ill was one of from the top 50 list. And this is all bear arms in order to protect them- the few things Justice Scalia, a strong weighted by population. You can see selves in their own homes, so I urge my second amendment supporter, specifi- here, and especially as we go forward, colleagues to support this amendment. cally said would be okay after Heller. when other crime rates in the country Mr. President, I will save a couple of Let me just say to my colleagues, we were actually going down and murder minutes right before the vote to be are only a few years after Virginia rates in the country were going down, able to conclude my remarks, but how Tech and the pain and tragedy for the as Washington, DC, was enacting more much time remains on my side? parents who anguish every day for and more gun ban laws and stricter gun The PRESIDING OFFICER. There is their lost sons and daughters. They ban laws, the murder rate in Wash- 9 minutes remaining. came to us and lobbied us and said: ington, DC, continued to rise. Mr. ENSIGN. Mr. President, I reserve Please just pass minimal laws to pre- It has been characterized that this the remainder of my time, and I sug- vent those who are mentally ill from bill would allow a 10-year-old to carry gest the absence of a quorum. getting a gun. Now we are saying that shotguns in the streets of Washington, The PRESIDING OFFICER. The in the District of Columbia that will be DC. That is completely ridiculous. clerk will call the roll. OK.

VerDate Nov 24 2008 01:11 Feb 27, 2009 Jkt 079060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G26FE6.047 S26FEPT1 smartinez on PROD1PC64 with SENATE February 26, 2009 CONGRESSIONAL RECORD — SENATE S2527 As for the vision, there cannot be a Opponents of this bill have argued Let me repeat, the constitutional more reasonable restriction than the that some of those cannot include the question is not whether the Constitu- requirement that someone see before District. tion itself grants House representation they are allowed on the streets with a Once again, that observation begs to the people of the District. It does gun. We wouldn’t want that in our rather than answers the constitutional not. communities where we live. Why would question. The constitutional question is wheth- we impose it on the District of Colum- For more than two centuries, the Su- er Congress may, under its explicit and bia? The District of Columbia has the preme Court has held that other provi- plenary authority over the District, highest per capita homicide rate in the sions framed in terms of ‘‘States’’ can legislatively provide for the people of United States. I understand, if you are indeed apply to the District. the District what the Constitution pro- from, say, Wyoming—there are broad, Or, even more relevant to the bill be- vides for the people of the States. open spaces, very low crime rate—that fore us today, the Supreme Court has Those who say that the word the rules on guns should be different ruled that Congress can legislatively ‘‘States’’ necessarily excludes the Dis- than the rules in Washington, DC and do for the District what the Constitu- trict must at least try to show that the New York City. I understand that. I action does for States. many judicial precedents saying other- cept it, as someone who has been an ad- I believe the House Composition wise either were wrongly decided or are vocate of gun control. Clause falls in this category. somehow irrelevant to this bill. They But why are we imposing those laws The Supreme Court has held, for ex- have not even attempted to do either. that may work in Wyoming on the peo- ample, that Congress could apply to I believe that the foundational prin- ple of the District of Columbia? Fire- the District the direct taxes that the ciple of representation and suffrage, arms cause more needless damage in original Constitution apportioned the legislative actions by America’s Washington, DC than anywhere else. among the several States. Founders, two centuries of judicial The Heller decision made it clear that Opponents of the bill before us have precedent, and Congress’s explicit leg- Washington, DC could impose reason- not even attempted to explain why the islative authority over the District in able restrictions on the right to bear phrase ‘‘the several States’’ can apply all cases whatsoever combine to allow arms and that was perfectly consonant to the District, which is obviously not Congress to enact the bill before us with the Constitution. Every Justice of a State, but the phrase ‘‘the People of today. the Supreme Court, including those the several States’’ cannot apply to the One of my predecessors as a Senator who are the most conservative, such as District, which obviously has popu- from Utah, George Sutherland, was Justice Scalia, such as Justice Thom- lation. later appointed to the Supreme Court. as, believe there can be some limita- The Supreme Court has held that He wrote for the Court in 1933 what I tion imposed. Because the NRA does Congress can extend to the District believe is relevant to this debate today: not, too many in this country, and in Federal court jurisdiction over law- The District [of Columbia] was made up of this Chamber, jump when they say so. suits by citizens of different States. portions of two states of the original states It is wrong. It makes people’s lives The great Chief Justice John Mar- of the Union, and was not taken out of the less safe. It is unfortunate. I hope this shall wrote in 1805 that while the Con- Union by the cession. Prior thereto its in- body will have the courage to reject stitution does itself extend such diver- habitants were entitled to all the rights, guarantees, and immunities of the Constitu- the Ensign amendment while still af- sity jurisdiction to the District, ‘‘this firming the right to bear arms as cer- tion. . . . We think it is not reasonable to as- is a subject for legislative . . . consid- sume that the cession stripped them of those tified in the Heller case. eration.’’ rights. I yield the floor. He added that the contrary conclu- Mr. HATCH. Mr. President, I rise to More than 30 years ago, I made the sion, which I take to be the position of same argument on this floor and later support final passage of S. 160, the Dis- those opposing the bill before us today, trict of Columbia House Voting Rights argued that one way to achieve this would be simply extraordinary. goal was by giving the people of the Act. Those opponents have not even at- I have spoken and written many District representation in the House. tempted to explain why extending di- times about my conclusion that the The defeat of the retrocession amend- versity jurisdiction to the District is a Constitution allows Congress to pro- ment offered by the Senator from Ari- subject for legislative consideration vide a House seat for the people of the zona showed that the underlying bill is but extending House representation to District of Columbia. the only legislative vehicle for pro- the people of the District is not. And I have said for more than 30 viding this representation. The Supreme Court has held that years that Americans living in the Dis- I voted for that amendment as a vote Congress can extend to the District the trict should have all the rights of citi- on the idea of retrocession, which I find restrictions the fourteenth amendment zenship, including voting rights. has some general merit. The bill would also give an additional imposes upon the States. Even with my vote, however, the seat temporarily to the State next Once again, the Court suggested that Senate resoundingly defeated it. qualifying for one under the 2000 cen- Congress’s plenary authority over the So I urge the Senate to pass this bill. sus. District would be a sufficient basis for It constitutionally gives one House I believe the bill before us is a con- such legislation. seat to the people of the District. stitutional and balanced way to Opponents of S. 160 have cited the de- It fairly gives another seat to the achieve these important goals. cision in Adams v. Clinton for the prop- State qualifying for one under the last Article I, section 2, states that the osition that the Constitution does not census. House shall be composed of Members provide a right to congressional rep- It explicitly and implicitly disclaims elected by the ‘‘People of the several resentation for the District. Senate representation for the District. States.’’ I agree. It provides for expedited judicial re- The District did not yet exist when That decision did not say, however, view. those words were drafted. that Congress was precluded from In short, I believe this is a sound and The observation that this provision doing so. fair way to strengthen our system of does not itself provide a House seat for In fact, the court said the opposite. self-government so that Americans can the people of the District begs rather The court in Adams said that while it exercise the most precious right avail- than answers the constitutional ques- lacked authority to grant such rep- able in a free country, the right to par- tion. resentation in the name of the Con- ticipate in electing those who govern That question is whether the House stitution, the plaintiffs could ‘‘plead us. Composition Clause prohibits Congress their case in other venues,’’ including Mr. FEINGOLD. Mr. President, I am from providing for the people of the ‘‘the political process.’’ pleased to support this bill, and con- District what the Constitution pro- That is precisely what the bill before gratulate the Senator from Con- vides for the people of the States. us represents and opponents of S. 160 necticut and the Senator from Utah for The Constitution uses the word have not even attempted to explain their tireless efforts. Senator ‘‘States’’ in various provisions. otherwise. LIEBERMAN and Senator HATCH have

VerDate Nov 24 2008 01:11 Feb 27, 2009 Jkt 079060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\G26FE6.049 S26FEPT1 smartinez on PROD1PC64 with SENATE S2528 CONGRESSIONAL RECORD — SENATE February 26, 2009 put forward innovative, bipartisan leg- the District want to participate in the 2009, and grant the most basic of demo- islation that will strengthen our de- crucial and difficult debates this Con- cratic rights to the people of the Dis- mocracy. I also want to recognize the gress is having over foreign and eco- trict. contribution of the majority leader, nomic policy. They want to set a new Mr. CORNYN. Mr. President, I ask who, by championing this issue, renews course for this country. Their voices unanimous consent a Washington and fulfills our country’s commitment should count just as much as their fel- Times article by George Smith on Feb- to equality, democracy, and justice. low citizens’. ruary 13, 2009; testimony by John P. When I watch my colleagues on the Opponents of this bill have asserted Elwood, Deputy Assistant Attorney floor today, I see the spirit of Paul that it is unconstitutional. I chaired a General before the Subcommittee on Douglas, Hubert Humphrey, and Ever- Judiciary Committee hearing in May the Constitution, Civil Rights, and ett Dirksen. This legislation is part of 2007 to examine whether the Constitu- Property Rights, Senate Committee on the struggle to fulfill the promise of tion, perhaps the greatest testament to the Judiciary on May 23, 2007; and a America that led to the landmark civil democracy and freedom in human his- Statement of Administration Policy rights bills of 1957, 1964, and 1965. tory, prevents the elected legislature of from September 18, 2007, be printed in Today, we follow in the footsteps of the people of this country from grant- the RECORD. some of our greatest predecessors. We ing the most basic right of citizenship There being no objection, the mate- are here to right a historic wrong, to to the people of the District of Colum- rial was ordered to be printed in the enfranchise hundreds of thousands of bia. The hearing confirmed that while RECORD, as follows: our fellow Americans by giving them a this is not an easy question of con- [From the Washington Times, Feb. 13, 2009] vote in Congress. stitutional interpretation, there are NOT ON CONSTITUTION AVENUE The struggle to give Washington, DC, strong arguments for the bill’s con- (By George C. Smith) a vote in the House of Representatives stitutionality. Our conclusions were has already been historic. I was dis- As the Obama administration commences strengthened by the finding of the its reign of one-party government, attention appointed that the Senate was the Committee on Homeland Security and has understandably focused on the presi- graveyard for this bill in 2007. By using Governmental Affairs that Congress’s dent’s economic stimulus program and his a filibuster to prevent the bill from authority to legislatively extend House new approach to the foreign terrorist threat. even reaching the floor at that time, representation is supported by two cen- But preoccupation with these topics should opponents of this bill recalled history, turies of judicial precedent. not divert attention from what may be the too—an unfortunate history we should In light of the historic wrong that most ominous, and radical, collaboration be- not revisit. I am sure that I do not need this bill will correct, the case for its tween the new president and the Democratic- to remind anyone here that for decades controlled Congress: the enactment of bla- constitutionality is certainly strong tantly unconstitutional legislation to bypass the Senate was an implacable bulwark enough to justify enacting it and let- the constitutional amendment process and that no civil rights bill could breach. ting the Supreme Court make the final give the District of Columbia a seat in the Unfortunately, when this great institu- decision. The Constitution grants Con- House of Representatives in a crass triumph tion was faced a year and a half ago gress the power of ‘‘exclusive legisla- of raw political power over the rule of law. with a new kind of voting rights bill, it tion, in all cases whatsoever,’’ over the With relentless clarity, in provision after did not rise to the challenge. District; I believe that we can use that provision, the Constitution specifies that Now we have a chance to correct this authority to ensure that this Govern- representation in both Houses of Congress is limited to the states—and the District of Co- breach of American principles and pass ment’s just powers are derived from the District of Columbia House Voting lumbia is not a state. The very first sentence the consent of the governed. Moreover, of the Constitution says, ‘‘All legislative Rights Act of 2009. And so now is the the basic sweep of the Constitution, its powers herein granted shall be vested in a time to remedy the injustice being very essence, is to protect the funda- Congress of the United States’’—not a Con- done to Americans residing in the Dis- mental rights of the citizens of this gress of the United Entities, Districts, Terri- trict of Columbia, and stop this viola- country, including the right to be rep- tories or Enclaves. The second sentence then tion of their fundamental rights. Now resented in Congress. specifies that the House of Representatives is the time to take action on this legis- The other fundamental document of is to be composed of members ‘‘chosen by the lation and to finally give the our founding, the Declaration of Inde- people of the several States.’’ All told, no disenfranchised District at least a par- fewer than 11 constitutional provisions make pendence, laid out a list of grievances it clear that congressional representation is tial say in the decisions of the Con- against the King of Great Britain, in- linked inextricably to statehood. gress, to make the ‘‘People’s House’’ a cluding the following: If there were any plausible doubt that con- body that truly represents all of the He has refused to pass other Laws for the gressional representation was intentionally people of this Nation. Accommodation of large Districts of People, limited to the states when the Constitution In 1964, the Supreme Court stated unless those People would relinquish the was drafted in 1787, it would have been con- that ‘‘[n]o right is more precious in a Right of Representation in the Legislature, a clusively removed when the 39th Congress re- free country than that of having a Right inestimable to them, and formidable iterated that ‘‘Representatives shall be ap- voice in the election of those who make to Tyrants only. portioned among the several States’’ when it the laws under which, as good citizens, That inestimable right has been de- revisited the question of congressional apportionment in drafting the 14th Amendment we must live.’’ It is time for Congress nied to the residents of the District of in 1866. (In 1866 as well as in 1787, there was to live up to those words. At a time Columbia for far too long. no ambiguity and no mistake in the express when Americans whose families wait We in Congress have a duty to fulfill linkage of congressional representation to for them at home in the District are the promise of democracy for DC resi- statehood.) fighting for our country overseas, it is dents. Those who rely on constitu- This does not mean, however, that the Dis- a cruel and bitter irony that their own tional arguments to oppose this bill trict of Columbia cannot obtain congres- country denies them the right to rep- should ask themselves what the Fram- sional representation. It only means it must resentation in the House. ers would think today, if they were do so by means of a constitutional amend- With all of the difficult issues and faced with the question of whether ment, as plainly provided in Article V of the Constitution. momentous decisions facing this Con- their handiwork should be used to pre- For more than 200 years, this under- gress, the people of DC deserve a voice vent Congress from granting over a standing of the Constitution (intelligible to in it, now more than ever. As of Feb- half million people the most basic any literate 12-year-old who reads its text) ruary 14, 29 DC residents have been right in a democracy—the right of rep- was accepted even by ardent advocates of killed or wounded in Iraq or Afghani- resentation in the legislature. It is D.C. representation. On repeated occasions stan, wars that their elected represent- simply inconceivable to me that those in the 1960s and 197os, for example, the ative had no say in commencing or great and brave patriots would be com- Democratic-controlled House Judiciary Com- funding. Approximately 1,500 homes are fortable with such a blatant injustice. mittee ruefully acknowledged that a constitutional amendment was ‘‘essential’’ if in foreclosure or pre-foreclosure, unem- I hope that we finally have the votes D.C. were to receive such representation. ployment has gone up over 3 percent in to right this historic wrong. I urge my They expressly recognized that the Constitu- the last year, to 8.8 percent. Just like colleagues to support the District of tion did not allow Congress to grant D.C. all other Americans, the residents of Columbia House Voting Rights Act of representation by simple legislation, and

VerDate Nov 24 2008 01:11 Feb 27, 2009 Jkt 079060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\A26FE6.010 S26FEPT1 smartinez on PROD1PC64 with SENATE February 26, 2009 CONGRESSIONAL RECORD — SENATE S2529 proceeded to propose the constitutional CONSTITUTIONALITY OF D.C. VOTING Government was made by no less a constitu- amendment that was necessary. The amend- RIGHTS ACT OF 2007 tional authority than Alexander Hamilton at ment failed to achieve ratification, but the S. 1257, a bill to grant the District of Co- the pivotal New York ratifying convention. rule of law was honored. lumbia representation in the House of Rep- Recognizing that the proposed Constitution The constitutional text limiting congres- resentatives as well as to provide an addi- did not provide congressional representation sional representation to the states has not tional House seat for Utah, violates the Con- for those who would reside in the Seat of changed during the past several years. Nor stitution’s provisions governing the composi- Government, Hamilton offered an amend- have judicial interpretations of that text, tion and election of the United States Con- ment to the Enclave Clause that would have which have consistently acknowledged that gress. provided: ‘‘That When the Number of Persons in the limitation. What has changed, however, is TESTIMONY BEFORE THE SUBCOMMITTEE ON District of Territory to be laid out for the the willingness of D.C. representation advo- THE CONSTITUTION, CIVIL RIGHTS, AND PROP- Seat of the Government of the United cates to run roughshod over the Constitution ERTY RIGHTS, SENATE COMMITTEE ON THE States, shall according to the Rule for the because they now have the raw political JUDICIARY Apportionment of Representatives and Di- power to pass a statute awarding the District Thank you for the opportunity to discuss rect Taxes Amount to [left blank] such Dis- a seat in the House by main force. the Department’s views on S. 1257, a bill to trict shall cease to be parcel of the State As a fig leaf to cover up their brute power grant the District of Columbia representa- granting the Same, and Provision shall be play, they invoke the risible theory that a tion in the House of Representatives as well made by Congress for their having a District as to provide an additional House seat for constitutional provision authorizing Con- Representation in that Body.’’ 3 gress to exercise legislative jurisdiction over Utah. For the same reasons stated in the Hamilton’s proposed amendment was re- federal enclaves—including the District, but Statement of Administration Policy on the jected. Other historical materials further also including military reservations, park House version of this legislation, the Admin- confirm the contemporary understanding lands and similar enclaves—enables Congress istration concludes that S. 1257 violates the that the Constitution did not contemplate to override express constitutional require- Constitution’s provisions governing the com- congressional representation for the District ments, including the limitation of congres- position and election of the United States and that a constitutional amendment would sional representation to states, as long as Congress. Accordingly, if S. 1257 were pre- be necessary to make such provision.4 These they are doing so on behalf of the District. sented to the President, his senior advisors historical facts refute the contention by pro- Oddly, this interpretation of the Enclave would recommend that he veto the bill. I will ponents of S. 1257 that the Framers simply confine my testimony to the constitutional Clause somehow escaped the grasp of the did not consider the lack of congressional issues posed by the legislation. Framers, the courts, and Congress for more representation and, if they had considered it, than two centuries. The Department’s constitutional position on the legislation is straightforward and is that they would have provided such rep- Apart from the fact that the Supreme dictated by the unambiguous text of the resentation. In fact, Framers and ratifiers Court has flatly held that Congress’ power Constitution as understood and applied for did consider the question and rejected a pro- under the Enclave Clause is indeed limited over 200 years. Article I, section 2 of the Con- posal for such representation. In more recent years, major efforts to pro- by other constitutional requirements, the stitution provides: absurdity of the theory is demonstrated by ‘‘The House of Representatives shall be vide congressional representation for the considering its logical consequences. It composed of Members chosen every second District were pursued in Congress in the would enable Congress to undercut the entire Year by the People of the several States, and 1960s and 1970s, but on each occasion Con- structure of state-based congressional rep- the Electors in each State shall have the gress expressly recognized that obtaining resentation—in the Senate as well as in the Qualifications requisite for Electors of the such representation would require either House—by extending representation to an most numerous branch of the State Legisla- Statehood or a constitutional amendment. unlimited variety of enclaves and territories ture.’’ For example, when the House Judiciary by simply passing statutes reflecting eva- This language, together with the language Committee favorably recommended a con- nescent political majorities. A more radical of eleven other explicit constitutional provi- stitutional amendment for District represen- subversion of constitutional government sions, including the Twenty-Third Amend- tation in 1967, it stated as follows: would be difficult to imagine. ment ratified in 1961,1 ‘‘makes clear just how ‘‘If the citizens of the District are to have voting representation in the Congress, a constitu- During the 110th Congress, it was only deeply Congressional representation is tied 2 tional amendment is essential; statutory action President Bush’s veto threat, and a razor- to the structure of statehood.’’ The District alone will not suffice. This is the case because thin sufficiency of Republican Senate votes of Columbia is not a State. In the absence of provisions for elections of Senators and Rep- to sustain a filibuster, that prevented enact- a constitutional amendment, therefore, the resentatives in the Constitution are stated ment of the D.C. House seat legislation— explicit provisions of the Constitution do not in terms of the States, and the District of what liberal legal scholar Jonathan Turley permit Congress to grant congressional representation to the District through legisla- Columbia is not a State.’’ 5 referred to as the most ‘‘premeditated’’ un- Congress again considered the District rep- constitutional act in decades. But with tion. Shortly after the Constitution was rati- resentation issue in 1975, and the House Judi- Barack Obama’s election and solid Democrat fied, the District of Columbia was estab- ciary Committee again expressly acknowl- majorities in both Houses, there is no longer lished as the Seat of Government of the edged that, ‘‘[i]f the citizens of the District a finger in the dike. D.C. Delegate Eleanor United States in accordance with Article I, are to have voting representation in Con- Holmes Norton has asserted that Mr. Obama § 8, cl. 17 of the Constitution. The Framers gress, a constitutional amendment is essen- has committed to signing such legislation. deliberately placed the capital in a federal tial; statutory action will not suffice.’’ 6 Significantly, the Justice Department enclave that was not itself a State to ensure Of course, the courts have not directly re- carefully and forcefully opined and testified that the federal Government had the ability viewed the constitutionality of a statute during the last Congress that the D.C. House to protect itself from potentially hostile purporting to grant the District representa- legislation is patently unconstitutional. state forces. The Framers also gave Congress tion because, for the reasons so forcefully re- Given the current president’s apparent com- ‘‘exclusive’’ authority to enact legislation iterated by the House Judiciary Committee, mitment to sign the bill, however, it is dif- for the internal governance of the enclave to Congress has not previously considered such ficult to envisage the new political ap- be chosen as the Seat of Government—the legislation constitutionally permissible. But pointees of the Obama Justice Department same authority Congress wields over the numerous federal courts have emphatically raising any constitutional objections to this many other federal enclaves ceded by the concluded that the existing Constitution grotesque power play. Interestingly, how- States. does not permit the provision of congres- ever, former Clinton-era Solicitor General Beginning even before the District of Co- sional representation for the District. In Walter Dellinger recently observed that the lumbia was established as the Seat of Gov- Adams v. Clinton, a three-judge court stated, persons named by the president-elect to ad- ernment, and continuing to today, there in a decision affirmed by the Supreme Court, vise him on such constitutional issues at the have been determined efforts to obtain con- that ‘‘the Constitution does not contemplate Justice Department ‘‘bring a stature to the gressional representation for the District. that the District may serve as a state for job that will allow them to say no to the Apart from the various unsuccessful at- purposes of the apportionment of congres- president when no is the correct answer.’’ tempts to secure such representation sional representation’’ and stressed that Ar- ‘‘No’’ obviously remains the correct answer through litigation, such efforts have consist- ticle I ‘‘makes clear just how deeply Con- to the question of whether the president ently recognized that, because the District is gressional representation is tied to the should sign D.C. House seat legislation that not a State, a constitutional amendment is structure of statehood.’’ 90 F. Supp. 2d 35, 46– repudiates the Constitution’s text, more necessary for it to obtain congressional rep- 47 (D.D.C.), aff’d, 531 U.S. 941 (2000); see gen- than 200 years of unwavering historical prac- resentation. S. 1257 represents a departure erally S. Ry. Co. v. Seaboard Allied Milling tice and repeated pronouncements of the fed- from that settled constitutional and histor- Corp., 442 U.S. 444, 462 (1979) (stating that eral judiciary. But only the delusional would ical understanding, which has long been rec- summary affirmance is a precedential ruling expect that the new president’s men and ognized and accepted by even ardent pro- on the merits). In Banner v. United States, 428 women at Justice would stand with the Con- ponents of District representation. F.3d 303 (D.C. Cir. 2005) (per curiam), a panel stitution against the menacing force of raw One of the earliest attempts to secure con- of the D.C. Circuit that included Chief Jus- political power. gressional representation for the Seat of tice John Roberts flatly concluded: ‘‘[t]he

VerDate Nov 24 2008 03:04 Feb 27, 2009 Jkt 079060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\A26FE6.014 S26FEPT1 smartinez on PROD1PC64 with SENATE S2530 CONGRESSIONAL RECORD — SENATE February 26, 2009 Constitution denies District residents voting erned by other provisions of the Constitution (and other enclaves and territories) two Sen- representation in Congress. . . . Congress is that tie congressional representation to ators as well. the District’s Government, see U.S. Const. Statehood. The Enclave Clause gives Con- At bottom, the theory that underlies S. art. I, § 8, cl. 17, and the fact that District gress no authority to deviate from those core residents do not have congressional represen- constitutional provisions. 1257 rests on the premise that the Framers tation does not alter that constitutional re- Third, the notion that the Enclave Clause drafted a Constitution that left the door ality.’’ Id. at 309.7 The court added: ‘‘[i]t is authorized legislation establishing congres- open for the creation of an indefinite number beyond question that the Constitution sional representation for the Seat of Govern- of congressional seats that would have fa- grants Congress exclusive authority to gov- ment is contrary to the contemporary under- tally undermined the carefully crafted rep- ern the District, but does not provide for standing of the Framers and the consistent resentation provisions that were the linchpin District representation in Congress.’’ Id. at historical practice of Congress. As I men- of the Constitution. Such a premise is con- 312. And in explaining why the Constitution tioned earlier, the amendment unsuccess- tradicted by the historical and constitu- does not permit the District’s delegate in fully offered by Alexander Hamilton at the tional record. Congress to have the voting power of a Rep- New York ratifying convention to authorize resentative in Michel v. Anderson, 817 F. such representation when the Seat of Gov- The clear and carefully phrased provisions Supp. 126 (D.D.C. 1993), the court stressed ernment’s population reached a certain level for State-based congressional representation that the legislative power ‘‘is constitu- persuasively demonstrates that the Framers constitute the very bedrock of our Constitu- tionally limited to ‘Members chosen . . . by did not read the Enclave Clause to authorize tion. Those provisions have stood the test of the People of the several States.’ U.S. Const. or contemplate such representation. Other time in providing a strong and stable basis Art. I, § [2], cl. 1.’’ Id. at 140. contemporaneous historical evidence rein- for the preservation of constitutional democ- The numerous explicit provisions of the forces that understanding. See supra n. 4. racy and the rule of law. If enacted, S. 1257 constitutional text; the consistent construc- Moreover, Congress’s consistent recognition would undermine the integrity of those crit- tion of those provisions throughout the in practice that constitutional amendments ical provisions and open the door to further course of American history by courts, Con- were necessary not only to provide congres- deviations from the successful framework gress, and the Executive; 8 and the historical sional representation for the District, but evidence of the Framers’ and ratifiers’ intent also to grant it electoral votes for President that is our constitutional heritage. If the in adopting the Constitution conclusively and Vice President under the 23rd Amend- District is to be accorded congressional rep- demonstrate that the Constitution does not ment, belies the notion that the Enclave resentation without Statehood, it must be permit the granting of congressional rep- Clause has all along authorized the achieve- accomplished through a process that is con- resentation to the District by simple legisla- ment of such measures through simple legis- sistent with our constitutional scheme, such tion. lation. Given the enthusiastic support for as amendment as provided by Article V of We are aware of, and not persuaded by, the such measures by their congressional pro- the Constitution. recent and novel claim that this legislation ponents, it is simply implausible that Con- JOHN P. ELWOOD, should be viewed as a constitutional exercise gress would not previously have discovered Deputy Assistant Attorney General. of Congress’s authority under the Enclave and utilized that authority as a means of Clause, U.S. Const. art. I, § 8, cl. 17, to ‘‘exer- avoiding the enormous difficulties of con- ENDNOTES cise exclusive legislation’’ over the Seat of stitutional amendment. 1 E.g., U.S. Const. art. I, § § 2–4; art. II, § 1, cl. 2; Government and other federal enclaves. That Fourth, the proponents’ interpretation of amend. XIV, § 2; amend. XVII; amend. XXIII, § 1. theory is insupportable. First, it is incom- the Enclave Clause proves far too much; the 2 Adams v. Clinton, 90 F. Supp. 2d 35, 46–47 (D.D.C.), patible with the plain language of the many consequences that would necessarily flow aff’d, 531 U.S. 940, 941 (2000). 3 provisions of the Constitution that, unlike from acceptance of that theory demonstrate The Papers of Alexander Hamilton 189–90 (Harold its implausibility. As the Supreme Court has C. Syrett ed., 1962) (emphasis added). the Enclave Clause, are directly and specifi- 4 See 10 Annals of Congress 991, 998–99 (1801) (re- cally concerned with the composition, elec- recognized, ‘‘[t]he power of Congress over the marks of Rep. John Dennis of Maryland) (stating tion, and very nature of the House of Rep- federal enclaves that come within the scope that because of District residents’ ‘‘contiguity to, resentatives and the Congress. Those provi- of Art. I, 8, cl. 17, is obviously the same as and residence among the members of [Congress],’’ sions were the very linchpin of the Constitu- the power of Congress over the District of that ‘‘though they might not be represented in the tion, because it was only by reconciling the Columbia.’’ 10 It follows that if Congress has national body, their voice would be heard. But if it conflicting wishes of the large and small constitutional authority to provide congres- should be necessary [that they be represented], the sional representation for the District under Constitution might be so altered as to give them a States as to representation in Congress that delegate to the General Legislature when their num- the Great Compromise that enabled the Con- the Enclave Clause, it has the same author- bers should become sufficient’’); see also 5 The Docu- stitution’s ratification was made possible. ity for the other numerous federal enclaves mentary History of the Ratification of the Constitu- Consequently, every word of Article I’s pro- (such as various military bases and assorted tion 621 (Merrill Jensen, John P. Kaminski & visions concerning the composition and elec- federal lands ceded by the States). But that Gaspare J. Saladino eds., 1976) (statement by Sam- tion of the House and the Senate—and paris not all. The Supreme Court has also recog- uel Osgood, a delegate to the Massachusetts ratify- ticularly the words repeatedly linking con- nized that Congress’s authority to legislate ing convention, that he could accept the Seat of respecting the U.S. territories under the Ter- Government provision only if it were amended to gressional representation to ‘‘each State’’ or provide that the District be ‘‘represented in the ‘‘the People of the several States’’—was ritories Clause, U.S. Const. art. IV, 3, cl. 2, is lower House,’’ though no such amendment was ulti- carefully chosen. In contrast, the Enclave equivalent to its ‘‘exclusive legislation’’ au- mately included in the amendments recommended Clause has nothing to do with the composi- thority under the Enclave Clause. See, e.g., by the Massachusetts convention). tion, qualifications, or election of Members Binns, 194 U.S. at 488. If the general language 5 Providing Representation of the District of Co- of Congress. Its provision for ‘‘exclusive leg- of the Enclave Clause provides authority to lumbia in Congress, H.R. Rep. No. 90–819, at 4 (1967) depart from the congressional representa- (emphasis added). islation’’ concerns legislation respecting the 6 tional provisions of Article I, it is not appar- Providing Representation of the District of Co- internal operation of ‘‘such District’’ and lumbia in Congress, H.R. Rep. No. 94–714, at 4 (1975). other enclaves. The Enclave Clause gives ent why similar authority does not reside in 7 Judge Roberts was a member of the D.C. Circuit Congress extensive legislative authority the Territories Clause, which would enable when Banner was briefed and argued, but was serv- ‘‘over such District,’’ but that authority Congress to enact legislation authorizing ing as Chief Justice when the opinion issued. See plainly does not extend to legislation affect- congressional representation for Puerto Banner, 428 F.3d at 304–05 n.l. ing the entire Nation. S. 1257 would alter the Rico, the Virgin Islands, and other terri- 8 See, e.g., Letter for Mr. Benjamin Zelenko, Com- very nature of the House of Representatives. tories. These unavoidable corollaries of the mittee on the Judiciary, House of Representatives, theory underlying S. 1257 demonstrate its in- from Martin F. Richman, Acting Assistant Attorney By no reasonable construction can the nar- General, Office of Legal Counsel (Aug. 11, 1967) (ex- rowly focused provisions of the Enclave validity. Given the great care with which the pressing the view that ‘‘a constitutional amendment Clause be construed to give Congress such Framers provided for State-based congres- is essential’’ for the District to obtain voting rep- sweeping authority. sional representation in the Composition resentation in Congress in the recommendations for Second, whatever power Congress has Clause and related provisions, it is implau- the Committee Report on a proposed constitutional under the Enclave Clause is limited by the sible to suggest that they would have simul- amendment); District of Columbia Representation in other provisions of the Constitution. As stat- taneously provided for the subversion of Congress: Hearings on S.J. Res. 65 Before the ed by the Supreme Court in Binns v. United those very provisions by giving Congress Subcomm. on the Constitution of the Comm. on the Judiciary, 95th Cong. 16–29 (1978) (statement of John States, 194 carte blanche to create an indefinite number M. Harmon, Assistant Attorney General, Office of U.S. 486 (1904), the Enclave Clause gives of additional seats under the Enclave Clause. Legal Counsel). In endorsing a constitutional Congress plenary power over the District Finally, we note that the bill’s proponents amendment as the means of obtaining congressional ‘‘save as controlled by the provisions of the conspicuously fail to address another logical representation for the District, Mr. Harmon dis- Constitution.’’ Id. at 491. As the Supreme consequence that flows from the Enclave cussed the alternative ways of obtaining such rep- Court has further explained, the Clause gives Clause theory: If Congress may grant the resentation, particularly the option of statehood Congress legislative authority over the Dis- District representation in the House by vir- legislation. Conspicuous by its absence was any suggestion that such representation could be provided trict and other enclaves ‘‘in all cases where tue of its purportedly expansive authority to through legislation granting the District a seat. 9 legislation is possible.’’ The composition, legislate to further the District’s general 9 O’Donoghue v. United States, 289 U.S. 516, 539 (1993) election, and qualifications of Members of welfare, it follows logically that it could use (citation omitted). the House are expressly and specifically gov- the same authority to grant the District 10 Paul v. United States, 371 U.S. 245, 263–64 (1963).

VerDate Nov 24 2008 03:04 Feb 27, 2009 Jkt 079060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\A26FE6.030 S26FEPT1 smartinez on PROD1PC64 with SENATE February 26, 2009 CONGRESSIONAL RECORD — SENATE S2531 EXECUTIVE OFFICE OF THE PRESI- There being no objection, the mate- over Congress, by creating ‘‘a dependence of DENT, OFFICE OF MANAGEMENT rial was ordered to be printed in the the members of the general government.’’ There was also a fear that the symbolic AND BUDGET, WASHINGTON, DC, RECORD, as follows: SEPTEMBER 18, 2007. honor given to one state would create in DISTRICT OF COLUMBIA VOTING RIGHTS STATEMENT OF ADMINISTRATION POLICY ‘‘the national councils an imputation of awe STATEMENT OF JONATHAN TURLEY, COMMITTEE and influence, equally dishonorable to the S. 1257—DISTRICT OF COLUMBIA HOUSE VOTING ON HOUSE JUDICIARY, SUBCOMMITTEE ON CON- Government and dissatisfactory to the other RIGHTS ACT OF 2007 STITUTION members of the confederacy.’’ There was also The Administration strongly opposes pas- It is an honor to be asked to testify on the a view that the host state would benefit too sage of S. 1257. The bill violates the Con- important question of the representational much from ‘‘[t]he gradual accumulation of stitution’s provisions governing the composi- status of the District of Columbia in Con- public improvements at the stationary resi- tion and election of the United States Con- gress. Due to the short period for the prepa- dence of the Government. gress. Accordingly, if S. 1257 were presented ration of written testimony and a family The District, therefore, was created for the to the President, his senior advisors would emergency, the committee staff has per- specific purpose of being a non-State without recommend that he veto the bill. mitted me to submit this summary of the direct representatives in Congress. The secu- The Constitution limits representation in testimony that I will offer on September 14, rity and operations of the federal enclave the House to Representatives of States. Arti- 2006. A full written statement is being com- would remain the collective responsibilities cle I, Section 2 provides: ‘‘The House of Rep- pleted and will be available at the hearing. of the entire Congress—of all of the various states. While I believe that this purpose is resentatives shall be composed of Members General Comments chosen every second Year by the People of abundantly clear, I do not believe that most the several States, and the Electors in each There should be general agreement that of these concerns have continued relevance State shall have the Qualifications requisite the current non-voting status of the District for legislators. Since the Constitutional Con- for Electors of the most numerous Branch of is fundamentally at odds with the principles vention, courts have recognized that federal, the State legislature.’’ The Constitution also and traditions of our constitutional system. not state, jurisdiction governs federal lands. contains 11 other provisions expressly link- As Justice Black stated in Wesberry v. Sand- Moreover, the federal government now has a ing congressional representation to State- ers: ‘‘No right is more precious in a free large security force and is not dependent on hood. country than that of having a voice in the the states for security. Finally, the position The District of Columbia is not a State. election of those who make the laws under of the federal government vis-a-vis the states Accordingly, congressional representation which, as good citizens, we must live. Other has flipped with the federal government now for the District of Columbia would require a rights, even the most basic, are illusory if the dominant party in this relationship. The constitutional amendment. Advocates of the right to vote is undermined.’’ real motivating purposes of the creation of Yet, unlike many issues before Congress, congressional representation for the District the federal enclave, therefore, no longer there has always been a disagreement about have long acknowledged this. As the House exist. What remains is the symbolic question the means rather than the ends of full rep- Judiciary Committee stated in recom- of whether the seat of the federal govern- resentation for the District residents. Re- mending passage of such a constitutional ment should be on neutral ground. It is a grettably, I believe that H.R. 5388 is the amendment in 1975: question that should not be dismissed as in- ‘‘If the citizens of the District are to have wrong means. Despite the best of motiva- significant. To the contrary, I personally be- voting representation in the Congress, a con- tions, the bill is fundamentally flawed on a lieve that the seat of the federal government stitutional amendment is essential; statu- constitutional level and would only serve to should remain completely federal territory tory action alone will not suffice. This is the needlessly delay true reform for District as an important symbol of the equality of all case because provisions for elections of Sen- residents. Indeed, there would be an inevi- states in the governance of the nation. The ators and Representatives in the Constitu- table and likely successful legal challenge to actual seat of government, however, is a tiny tion are stated in terms of the States, and a bill. Even if successful, this bill would ulti- fraction of the existing federal district. mately achieve only partial representational the District of Columbia is not a State.’’ The Unconstitutionality of H.R. 5388 status. Frankly, giving the District only a Courts have reached the same conclusion. I believe that the Dinh/Starr analysis is In 2000, for example, a three-judge panel con- vote in the House is the equivalent of allowing Rosa Parks to move halfway to the front fundamentally flawed and that H.R. 5388 cluded ‘‘that the Constitution does not con- would violate the clear language and mean- of the bus in the name of progress. District template that the District may serve as a ing of Article I. To evaluate the constitu- residents deserve full representation and, state for purposes of the apportionment of tionality of the legislation, it is useful to fol- while this bill would not offer such reform, congressional representatives.’’ Adams v. low a classic constitutional interpretation there are alternatives, including a three- Clinton, 90 F. Supp. 2d 35, 46–47 (D.D.C. 2000). that begins with the text, explores the origi- The Supreme Court affirmed that decision. phased proposal that I have advocated in the nal meaning of the language, and then con- Furthermore, Congress’s own Research Serv- past. siders the implications of the rivaling inter- ice found that, without a constitutional The Original Purpose and Diminishing Neces- pretations for the constitutional system. I amendment, it is ‘‘likely that the Congress sity of the Federal Enclave believe that this analysis clearly shows that does not have authority to grant voting rep- The creation of the federal enclave was the the creation of a vote in the House of Rep- resentation in the House of Representatives direct result of the failure of state officials resentatives for the District would do great to the District of Columbia.’’ to protect Congress during a period of un- violence to our constitutional traditions and Claims that S. 1257 should be viewed as an rest. On January 1, 1783, Congress was meet- process. To succeed, it would require the exercise of Congress’s ‘‘exclusive’’ legislative ing in Philadelphia when they were surprised abandonment of traditional interpretative authority over the District of Columbia as by a mob of Revolutionary War veterans de- doctrines and would allow for future manipu- the seat of the Federal government are not manding their long-overdue back pay. It was lation of one of the most essential and stabi- persuasive. Congress’s exercise of legislative a period of great discontentment with Con- lizing components of the Madisonian democ- authority over the District of Columbia is gress and the public of Pennsylvania was racy: the voting rules for the legislative qualified by other provisions of the Constitu- more likely to help the mob than to help branch. tion, including the Article I requirement suppress it. Indeed, when Congress called on 1. Textual Analysis that representation in the House of Rep- state officials to call out the militia, they Any constitutional analysis necessarily be- resentatives is limited to the ‘‘several refused. Congress was forced to flee, first to gins with the text of the relevant provision States.’’ Congress cannot vary that constitu- Princeton, N.J., then to Annapolis and ulti- or provisions. In this case, there are two cen- tional requirement under the guise of the mately to New York City. tral provisions. The most important textual ‘‘exclusive legislation’’ clause, a clause that When the framers gathered again in Phila- statement relevant to this debate is found in provides the same legislative authority over delphia in the summer of 1787 to draft a new Article I, Section 2 that states unambig- Federal enclaves like military bases as it constitution, the flight from that city five uously that the House of Representatives does over the District. years before was still prominent in their shall be composed of members chosen ‘‘by For all the foregoing reasons, enacting S. minds. Madison and others called for the cre- the people of the several states.’’ As with the 1257’s extension of congressional representa- ation of a federal enclave or district as the Seventeenth Amendment election of the tion to the District would be unconstitu- seat of the federal government—independent composition of the Senate, the text clearly tional. It would also call into question (by of any state and protected by federal author- limits the House to the membership of rep- subjecting to constitutional challenge in the ity. Only then, Madison noted could they resentatives of the several states. The second courts) the validity of all legislation passed avoid ‘‘public authority [being] insulted and provision is the District Clause found in Ar- by the reconstituted House of Representa- its proceedings . . . interrupted, with impu- ticle I, Section 8 which gives Congress the tives. nity.’’ power to ‘‘exercise exclusive Legislation in Mr. KYL. Mr. President, I ask unani- In addition to the desire to be free of the all Cases whatsoever, over such District.’’ transient support of an individual state, the On its face, the reference to ‘‘the people of mous consent the testimony by Pro- framers advanced a number of other reasons the several states’’ is a clear restriction of fessor Jonathan Turley before the for creating this special enclave. There was a the voting membership to actual states. This House Judiciary Committee September fear that a state (and its representatives in is evidenced in a long line of cases that ex- 14, 2006, be printed in the RECORD. Congress) would have too much influence clude District residents from benefits or

VerDate Nov 24 2008 03:04 Feb 27, 2009 Jkt 079060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\A26FE6.032 S26FEPT1 smartinez on PROD1PC64 with SENATE S2532 CONGRESSIONAL RECORD — SENATE February 26, 2009 rights given to citizens of states under the compensated in the loss of their political their bidding while other citizens would lim- Constitution. rights.’’ ited to one. Given racial and cultural demo- It has been argued by both Dinh and Starr Much is made of the ten-year period during graphic differences between Utah and other that the textual clarity in referring to states which District residents voted with their states, this could be challenged as diluting is immaterial because other provisions with original states—before the federal govern- the power of minority groups in Congress. such references have been interpreted as nev- ment formally took over control of the Dis- Second, while interstate groups challenge ertheless encompassing District residents. trict. This, however, was simply a transition the increased representation for Utah citi- This argument is illusory in my view. The period before the District became the federal zens, the at-large seat could also be chal- major cases extending the meaning of states enclave. lenged by some intrastate groups as diluting to the District involve an irreconcilable con- 3. Policy Implications their specific voting power. If Utah simply flict between a literal interpretation of the There are considerable risks and problems added an additional congressional district, term ‘‘state’’ and the expressed inherent with this approach to securing a vote in Con- the ratio of citizens to members would be re- rights of all American citizens under the gress for the District. First, by adopting a duced. The additional member would rep- equal protection clause and other provisions. liberal interpretation of the meaning of resent a defined group of people who have District citizens remain U.S. citizens, even states in Article I, the Congress would be un- unique geographical and potentially racial though they are not state citizens. The cre- dermining the very bedrock of our constitu- or political characteristics. However, by ation of the federal district removed one tional system. The membership and division making the seat at large, these citizens right of citizens—voting in Congress—in ex- of Congress was carefully defined by the would now have to share two members with change for the status conferred by resident Framers. The legislative branch is the en- a much larger and more diffuse group—par- in the Capitol City. It was never intended to gine of the Madisonian democracy. It is in ticularly in the constituency of the at-large turn residents into noncitizens with no con- these two houses that disparate factional member. It is likely that the member who is stitutional rights. disputes are converted into majoritarian elected at large would be different from one The upshot of these opinions is that a lit- compromises—the defining principle of the who would have to run in a particular dis- eral interpretation of the word ‘‘states’’ Madisonian system. By allowing majorities trict such as a more liberal or diverse sec- would produce facially illogical and unin- to manipulate the membership rolls would tion of the Salt Lake City population. tended consequences. Since residents remain add a dangerous instability and uncertainty Third, this approach would be used by a fu- U.S. citizens, they must continue to enjoy to the system. ture majority of Congress to manipulate vot- those protections accorded to citizens. Oth- Second, if successful, this legislation ing in Congress and to reduce representation erwise, they could all be enslaved or impaled would allow any majority in Congress to ma- for insular groups. Rather than creating a at the whim of Congress. nipulate the voting membership of the new district that may lean toward one party 2. Original and Historical Meaning House. This is not the only federal enclave or have increased representation of one ra- Despite some suggestions to the contrary, and there is great potential for abuse and cial or religious group, Congress could use the absence of a vote in Congress was clearly mischief in the exercise of such authority. at-large seats under the theory of this legis- understood as a defining element of a federal Third, while the issue of Senate representa- lation. Moreover, Congress could create new district. During ratification, various leaders tion is left largely untouched in the Dinh/ forms of represented districts for overseas objected to the disenfranchisement of the Starr analysis, there is no obvious principle Americans or for federal enclaves. The result citizens in the district and even suggested that would prevent a majority from expand- would be to place Congress on a slippery amendments that would have addressed the ing its ranks with two new Senate seats for slope where transient majorities tweak rep- problem. One such amendment was offered the District. Two Senators and a member of resentational divisions for their own advan- by Alexander Hamilton, who wanted the Dis- the House would be a considerable level of tage. Finally, while it would be difficult to pre- trict residents to be able to secure represen- representation for a non-state with a small dict how this plan would fare under a legal tation in Congress once they grew to a rea- population. Yet, this analysis would suggest challenge, it is certain to be challenged. This sonable size. Neither this nor other such that such a change could take place without creates the likelihood of Congress having at amendments offered in states like North a constitutional amendment. least one member (or two members if you Carolina and Pennsylvania were adopted. Finally, H.R. 5388 would only serve to Whatever ambiguity existed over con- delay true representational status for dis- count the District representative) who would tinuing authority of Maryland or Virginia, trict residents. On a practical level, this bill continue to vote under a considerable cloud the disenfranchisement of citizens from would likely extinguish efforts at full rep- of questioned legitimacy. In close votes, this votes in Congress was clearly understood. In- resentation in both houses. During the pend- could produce great uncertainty as to the fi- deed, not long after the cessation, a retroces- ency of the litigation, it is highly unlikely nality or legitimacy of federal legislation. sion movement began. Members questioned that additional measures would be consid- This is entirely unnecessary. If a new rep- the need to ‘‘keep the people in this degraded ered—delaying reforms by many years. Ulti- resentative is required, it is better to estab- situation’’ and objected to the subjection of mately, if the legislation is struck down, it lish a fourth district not just a fourth at- American citizens to ‘‘laws not made with would leave the campaign for full represen- large representative for legal and policy rea- their own consent.’’ At the time of the ratifi- tation in shambles. sons. cation, leaders knew and openly discussed The Problematic Basis for Awarding an At- A Modified Retrocession Proposal the non-voting status of the District in the Large Seat to Utah One hundred and sixty years ago, Congress clearest and strongest possible language. The proposal of awarding an at-large seat retroceded land back to Virginia under its This debate in 1804 leaves no question as to to Utah is an admittedly novel question that Article I authority. Retrocession has always the early understanding of the status of the would raise issues of first impression for the been the most direct way of securing a re- District as a non-state without representa- courts. However, I am highly skeptical of the sumption of voting rights for District resi- tional status. Much of this debate followed legality of this approach, particularly under dents. Most of the District can be simply re- the same lines of argument that we hear the ‘‘one-man, one-vote’’ doctrine estab- turned from whence it came: state of Mary- today. While acknowledging that ‘‘citizens lished in Wesberry v. Sanders, 376 U.S. 1 land. The greatest barrier to retrocession may not possess full political rights,’’ lead- (1964). This is a question that leads to some has always been more symbolic rather than ers like John Bacon of Massachusetts noted fairly metaphysical notions of overlapping legal. Replacing Washington, DC with Wash- that they had special status and influence as representation and citizens with 1.4 represen- ington, MD is a conceptual leap that many residents of the Capitol City. Yet, retroces- tational status. On one level, the addition of are simply not willing to make. However, it sion bills were introduced within a few years an at-large seat would seem to benefit all is the most logical resolution of this prob- of the actual cessation—again prominently Utah citizens equally since they would vote lem. citing the lack of any congressional rep- for two members. Given the deference to For a number of years, I have advocated resentation as a motivating factor. Indeed, Congress under the ‘‘necessary and proper’’ the reduction of the District of Columbia to the retrocession of Virginia highlights the clause, an obvious argument could be made the small area that runs from the Capitol to original understanding of the status of the that it does not contravene the ‘‘one man, the Lincoln Memorial. The only residents in District. Virginians contrasted their situa- one vote’’ standard. this space would be the First Family. The re- tion with those residents of Washington. However, there are various reasons why a mainder of the current District would then Washingtonians, however, were viewed as federal court would be on good ground to be retroceded to Maryland. However, I have compensated for their loss of political rep- strike down this portion of H.R. 5388. First, also proposed a three-phase process for ret- resentation. As a committee noted in 1835, while the Supreme Court has not clearly ad- rocession. In the first phase, a political ‘‘[o]ur situation is essentially different, and dressed the interstate implications of ‘‘one transfer would occur immediately with the far worse, than that of our neighbors on the man, one vote,’’ this bill would likely force District securing a house seat as a Maryland northern side of the Potomac. They are citi- it to do so. Awarding two representatives to district and residents voting in Maryland zens of the Metropolis, of a great, and noble each resident of Utah creates an obvious im- statewide elections. In the second phase, in- Republic, and wherever they go, there clus- balance vis-a-vis other states. House mem- corporation of public services from edu- ters about them all those glorious associa- bers are expected to be advocates for this in- cation to prisons to law enforcement would tions, connected with the progress and fame sular constituency. Here, residents of one occur. In the third phase, any tax and rev- of their country. They are in some measure state could look to two representatives to do enue incorporation would occur.

VerDate Nov 24 2008 03:04 Feb 27, 2009 Jkt 079060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\A26FE6.021 S26FEPT1 smartinez on PROD1PC64 with SENATE February 26, 2009 CONGRESSIONAL RECORD — SENATE S2533 These phases would occur over many years Madison wrote, that ‘‘[t]he different govern- John M. Hannon concluded on behalf of the with only the first phase occurring imme- ments will control each other,’’ thus secur- Carter Administration that, ‘‘it was the in- diately upon retrocession. Indeed, I rec- ing self-government, individual liberty, and tent of the Framers that the actual seat of ommend the creation of a three-commis- the rights of minorities. In order to serve its the Federal Government, as opposed to its sioner body like the one that worked with function in the federal structure a state other installations, be outside any State and George Washington in the establishment of must be independent of the federal govern- independent of the cooperation and consent the original federal district. These commis- ment. However, the District of Columbia is of the State authorities .... If these rea- sioners would recommend and oversee the in- not independent; it is a political and eco- sons have lost validity, the appropriate re- corporation process. Moreover, Maryland can nomic dependency of the national govern- sponse would be to provide statehood for the agree to continue to treat the District as a ment. District by constitutional amendment rather special tax or governing zone until incorpo- At the same time, it is essential that the than to ignore the Framers’ intentions.’’ ration is completed. Indeed, Maryland may federal government maintain its independ- The retention of federal authority over a chose to allow the District to continue in a ence of the states. If the District of Colum- truncated, federal service area would not an- special status due to this unique position. bia were now admitted to statehood, it would swer this constitutional objection. The lan- The fact is that any incorporation is made not be one state among many. Because it is guage of the Constitution grants Congress easier, not more difficult, by the District’s the national capital, the District would be exclusive authority over the district that be- historic independence. Like most cities, it primus inter pares, first among equals. The came the seat of government, not merely would continue to have its own law enforce- ‘‘State of Columbia . . . could come peril- over the seat of the government. The district ment and local governing authority. How- ously close to being the state whose sole that became the seat of government is the ever, it would also benefit from incorpora- business is to govern, to control all the other District of Columbia. It does not appear that tion into Maryland educational system and states. It would be the imperial state; it Congress may, consistent with the language other statewide programs related to prisons would be ‘Rome on the Potomac.’’’ It was of the Constitution, abandon its exclusive and other public needs. this very dilemma that prompted the Found- authority over any part of the District. In my view, this approach would be unas- ers to establish the federal capital in a dis- Further, the Twenty-third Amendment re- sailable on a legal level and highly efficient trict located outside of the borders of any quires that ‘‘[t]he District constituting the on a practical level. I realize that there re- one of the states, under the exclusive juris- seat of Government of the United States’’ mains a fixation with the special status of diction of Congress. Their reasons for cre- appoint electors to participate in the Elec- the city, but much of this status would re- ating the District are still valid and militate toral College. The amendment was proposed, main. While the city would not technically against granting it statehood. drafted and ratified with reference to the be the seat of government, it would obvi- Many have recognized the fundamental District of Columbia. When the states adopt- ously remain for all practical purposes our flaws in plans to grant the District of Colum- ed this amendment, they confirmed the un- Capitol City. bia statehood. For instance, while testifying derstanding that the District is a unique ju- Regardless of what proposal is adopted, I in support of the proposed 1978 District ridical entity with permanent status under strongly encourage you not to move forward amendment, which would have treated the the Constitution. Another amendment would with H.R. 5388. It is an approach that District of Columbia ‘‘as if it were a State’’ be necessary to remake this entity. achieves less representation than is deserved for purposes of national elections, Senator Finally, we believe that Congress’ ability for the District by means that asserts more Edward Kennedy dismissed what he called to admit the District of Columbia into the power than is held by the Congress. It is cer- ‘‘the statehood fallacy,’’ and stated that, Union as a new state would depend upon the tainly time to right this historical wrong, ‘‘[t]he District is neither a city nor a State. consent of the legislature of the original but, in our constitutional system, it is often In fact, statehood may well be an impossible ceding state. Article IV, section 3 of the Con- more important how we do something than alternative, given the practical and constitu- stitution provides that: ‘‘no new State shall what we do. This is the wrong means to a tional questions involved in changing the be formed or erected within the Jurisdiction worthy end. However, it is not the only historical status of the Nation’s Capital.’’ A of any other State; nor any State be formed means and I encourage the members to di- pamphlet entitled ‘‘Democracy Denied’’ cir- by the Junction of two or more States, or rect these considerable energies toward a culated in support of the 1978 amendment, parts of States, without the Consent of the more lasting and complete resolution of the and fully endorsed by District Delegate Wal- legislatures of the States concerned as well status of the District of Columbia in Con- ter E. Fauntroy, plainly acknowledged that as of the Congress.’’ Accordingly, the congress. granting statehood to the District of Colum- sent of Maryland would be necessary before JONATHAN TURLEY, bia ‘‘would defeat the purpose of having a the District of Columbia could be admitted Shapiro Professor, federal city, i.e., the creation of a district to the Union. Should Maryland refuse to con- George Washington University Law School. over which the Congress would have exclu- sent, the area that is now the District of Co- Mr. MCCONNELL. Mr. President, I sive control.’’ That pamphlet also recognized lumbia could not be made a state without commend to my fellow Senators the that statehood ‘‘presents a troublesome amendment of Article IV, section 3. April 3, 1987 U.S. Justice Department problem with the 23rd Amendment if the fed- Thus, before the District of Columbia may eral district were to be wiped out by legisla- be admitted to the Union as a state, the Con- Office of Legal Policy Report to the tion.’’ Indeed, Delegate Fauntroy has op- stitution would have to be amended. Such an Attorney General entitled ‘‘The Ques- posed statehood for the District in the past, amendment, however, would be unwise. tion of Statehood for the District of correctly pointing out that ‘‘this would be in II. THE SOUND HISTORICAL REASONS FOR A Columbia.’’ I ask unanimous consent direct defiance of the prescriptions of the FEDERAL DISTRICT STILL OPERATE TODAY that the Executive Summary and sec- Founding Fathers.’’ As former Senator Ma- In the Founders’ view, a federal enclave tion titled ‘‘Proposals for Giving Rep- thias of Maryland stated, ‘‘[i]t is not a State where Congress could exercise complete au- resentation in Congress to the District . . . it should not be a State.’’ thority, insulating itself from insult and se- of Columbia, Voting Member in the These points are well taken. The factors curing its deliberations from interruption, that mitigated against statehood for the Dis- was an ‘‘indispensible necessity.’’ They set- House of Representatives’’ be printed trict of Columbia in 1978 have not changed. in the RECORD. tled upon the device of a federal district as The rejection of the District voting rights the means by which the federal government There being no objection, the mate- constitutional amendment by the states does rial was ordered to be printed in the might remain independent of the influence of not make statehood any more desirable, or any single state, to avoid, in the words of RECORD, as follows: any less constitutionally suspect, today than Virginia’s George Mason, ‘‘a provincial tinc- EXECUTIVE SUMMARY it was a decade ago. Granting statehood to ture to ye Natl. deliberations.’’ Efforts to admit the District of Columbia the District of Columbia would defeat the The passing years have, if anything, in- to the Union as a state should be vigorously purpose of having a federal city, would be in creased the need for ultimate congressional opposed. Granting the national capital state- direct defiance of the intent of the Founders, control of the federal city. The District is an hood through statutory means raises numer- and would require an amendment to the Con- integral part of the operations of the na- ous troubling constitutional questions. After stitution. tion’s government, which depends upon a careful consideration of these issues, we have I. NEED FOR AN AMENDMENT TO THE CONSTITU- much more complex array of services, utili- concluded that an amendment to the Con- TION BEFORE THE DISTRICT OF COLUMBIA MAY ties, transportation facilities, and commu- stitution would be required before the Dis- BE ADMITTED TO THE UNION AS A STATE nication networks than it did at the Found- trict of Columbia may be admitted to the Even if statehood for the District of Co- ing. If the District were to become a state, Union as a state. Statehood for the Nation’s lumbia represented sound policy, we do not its financial problems, labor troubles, and capital is inconsistent with the language of believe that it can be accomplished merely other concerns would still affect the federal the Constitution, as well as the intent of its by a statute admitting the District to the government’s operations. Congress, however, Framers, and would work a basic change in Union. The Constitution contemplates a fed- would be deprived of a direct, controlling the federal system as it has existed for the eral district as the seat of the general gov- voice in the resolution of such problems. In past two hundred years. Under our Constitu- ernment, and would have to be amended. The a very real sense, the federal government tion, power was divided between the states Department of Justice has long taken this would be dependent upon the State of Colum- and the federal government in the hope, as position. In 1978, Assistant Attorney General bia for its day to day existence.

VerDate Nov 24 2008 02:07 Feb 27, 2009 Jkt 079060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\A26FE6.023 S26FEPT1 smartinez on PROD1PC64 with SENATE S2534 CONGRESSIONAL RECORD — SENATE February 26, 2009 The retention of congressional authority rectly or indirectly in the business of the whole Union.’’ This was the price of the na- over a much reduced federal enclave would federal government. Indeed, in 1982 the Dis- tional capital, and District residents have not solve this problem. The Founder’s con- trict government maintained that, in the enjoyed the fruits of this bargain for almost templated more than a cluster of buildings, Washington Metropolitan area, for every fed- two centuries. however grand, and their surrounding parks eral worker laid off as a result of govern- and gardens as the national capital. The cre- ment reductions in force, one person would III. PROPOSALS FOR GIVING REPRESENTATION IN ation of a new ‘‘federal town’’ was intended, be thrown out of work in the private sector. CONGRESS TO THE DISTRICT OF COLUMBIA in large part so that Congress could inde- The implications of this monolithic inter- The numerous schemes proposed over the pendently control the basic services nec- est are far reaching. For instance, the Su- last two hundred years to give the residents essary to the operation of the federal govern- preme Court, in Garcia v. San Antonio Met- of the federal district some sort of direct ment. As former Senator Birch Bayh pointed ropolitan Transit Authority, 469 U.S. 528 voting representation in Congress may be out in 1978, ‘‘when our Founding Fathers es- (1985), has recently decided that the delicate distilled into five basic proposals: (1) legisla- tablished this as a capital city . . . they did balance between federal and state power is to tion to allow the District a voting member not just establish a place that should be the be guarded primarily by the intrinsic role in the House of Representatives alone; (2) Federal city and say this is where the Fed- the states play in the structure of the na- retrocession of the District of Columbia to eral buildings are. But they envisioned this tional government and the political process. Maryland, retaining a truncated federal dis- as a viable city, a capital city with people The congressional delegation from the Dis- trict; (3) allowing District residents to vote who work, have businesses, and have trans- trict of Columbia, however, would have little as residents of Maryland in national elec- portation lines, and homes. The essential es- interest in preserving the balance between tions; (4) an amendment to the Constitution tablishment of the Nation’s Capital was not federal and state authority entrusted to it to give the District full representation in an establishment of the Nation’s Federal by Garcia. The continued centralization of both House and Senate as if it were a state; buildings but the Nation’s city.’’ power in the hands of the national govern- and (5) full statehood. None of these pro- Further, there remain virtually insur- ment would, in fact, be to the direct benefit posals offers a sound policy solution, and mountable practical problems with District of ‘‘Columbia’’ and its residents. Hence; the several appear to be fatally flawed when ex- statehood. The operations of the federal gov- system of competing sovereignties-designed posed to constitutional scrutiny. to preserve our fundamental liberties would ernment sprawl over the District. As a re- A. Voting Member in the House of Representa- be compromised. sult, the new ‘‘state’’ would be honeycombed tives with federal installations, its territory frag- B. Economic Dependence From time to time it has’’ been suggested mented by competing jurisdictions. As As- In addition to political independence and that the District be granted, by simple legis- sistant Attorney General Patricia Wald diversity, a state must have ‘‘sufficient pop- lation, a voting member in the House of Rep- asked while testifying on behalf of the ulation and resources to support a state gov- resentatives. This proposal, however, runs Carter Administration, regarding the pro- ernment and to provide its share of the cost into significant constitutional difficulties. posed 1978 District amendment, ‘‘[w]ould the of the Federal Government.’’ The District of Those sections of the Constitution which remaining non-Federal. area constitute in Columbia simply lacks the resources both to define the political structure of the federal any real sense a geographically homogeneous support a state government and to provide government speak uniformly in terms of the entity that justifies statehood?’’ It was for its fair share of the cost of the federal gov- states and their citizens. Article I, section 2 these very reasons that former Mayor Wash- ernment. The District is a federal depend- provides that, ‘‘[t]he House of Representa- ington expressed doubts about statehood for ency. Annually, in addition to all other fed- tives shall be composed of Members chosen the District. In 1975 he commented that the eral aid programs, it receives a direct pay- every second Year by the People of the sev- city of Washington is ‘‘so physically, and ment from the federal treasury of a half bil- eral States .... No person shall be a Rep- economically and socially bound together lion dollars; some $522 million was budgeted resentative . . . who shall not, when elected, that I would have problems with statehood for the District in Fiscal 1987, $445 million to be an Inhabitant of that State in which he in terms of exacting from it some enclaves, be paid directly to the District’s local gov- shall be chosen.’’ Article I, section 3 provides or little enclaves all around the city. Ulti- ernment. All in all, District residents out- that, ‘‘[t]he Senate of the United States mately, it seems to me, that would erode the strip the residents of the states in per capita shall be composed of two Senators from each very fabric of the city itself, and the viabil- federal aid by a wide margin. For instance, State .... No Person shall be a Sen- ity of the city.’’ in 1983 the District received $2,177 per capita ator.... who shall not, when elected, be an Finally, in a very real sense the District in federal aid, some five and one-half times Inhabitant of that State for which he shall belongs not only to those who reside within the national average of $384. be chosen.’’ With respect to the election of its borders, but to the Nation as a whole. In Not surprisingly, Washington Mayor Mar- the President, Article II, section 1 provides opposing statehood for the District in 1978, ion Barry has plainly stated that the Dis- that, ‘‘[e]ach State shall appoint, in such Senator Bayh, an otherwise ardent pro- trict would still ‘‘require the support of the Manner as the Legislature thereof may di- ponent of direct District participation in Federal Government’’ if statehood were rect, a Number of Electors, equal to the congressional elections, eloquently summed granted. The continuation of federal support whole Number of Senators and Representa- up the objection: ‘‘I guess as a Senator from is ordinarily justified because of the percent- tives to which the State may be entitled in Indiana I hate to see us taking the Nation’s age of federal land in the District of Colum- the Congress.’’ The Seventeenth Amendment Capital from [5,000,000] Hoosiers. It is part bia that cannot be taxed by the local govern- directs that ‘‘[t]he Senate of the United ours. I do not see why the District should be ment. However, the federal government owns States shall be composed of two Senators a State because it is, indeed, the Nation’s a greater percentage of the land area of 10 from each State, elected by the people there- Capital.’’ states, each of which bears the full burdens of.’’ In short, ‘‘[d]irect representation in the III. THE DISTRICT OF COLUMBIA IS NOT of statehood without the sort of massive fed- Congress by a voting member has never been INDEPENDENT OF THE FEDERAL GOVERNMENT eral support annually received by the Dis- a right of United States citizenship. Instead, A. Dependence on the Federal Establishment trict of Columbia. If the District aspires to the right to be so represented has been a The states of the American Union are more statehood, it must be prepared to stand as an right of the citizens of the States.’’ than merely geographic entities: Each is equal with the other states in its fiscal af- The word ‘‘state’’ as used in Article I may what has been termed ‘‘a proper Madisonian fairs. not be interpreted to include the District of society’’—a society composed of a ‘‘diversity CONCLUSION Columbia, even though as a ‘‘distinct polit- of interests and financial independence.’’ It The District of Columbia should not be ical society’’ it might qualify under a more is this diversity which guards the liberty of granted statehood. In our considered opin- general definition of that term. Consistent the individual and the rights of minorities. ion, an amendment to the Constitution with the intent of the Framers, such argu- As Madison wrote, ‘‘the security for civil would be needed before the District could be ments were properly dismissed long ago by rights . . . consists in the multiplicity of in- admitted as a state, and in any case, the rea- Chief Justice Marshall in Hepburn v. Ellzey. terests . . . The degree of security . . . will sons that led the Founder’s to establish the In that case, plaintiffs, residents of the Dis- depend on the number of interests . . . and national capital in a district outside the bor- trict, claimed that they were citizens of a this may be presumed to depend on the ex- ders of any state are still valid. The Dis- state for purposes of diversity jurisdiction in tent of country and number of people com- trict’s special status is an integral part of the federal courts. The Court rejected this prehended under the same government.’’ our system of federalism, which itself was a position. Marshall reasoned that Congress The District of Columbia lacks this essen- compromise between pure democracy and had adopted the definition of ‘‘state’’ as tial political requisite for statehood. It has the need to secure individual liberties and found in the Constitution in the act pro- only one significant ‘‘industry,’’ govern- minority rights. The residents of the District viding for diversity jurisdiction, and that the ment. As a result, the District has one mono- enjoy all of the rights of other citizens, save capital could not be considered such a lithic interest group, those who work for, the right to vote in congressional elections. ‘‘state’’. Citing Article I, sections 2 and 3, provide services to, or otherwise deal with, They exchanged this right, as Mr. Justice and Article II, section 1, he concluded that the federal government. The national gov- Story wrote, for the benefits of living in the ‘‘the members of the American confederacy ernment was, historically, the city’s only ‘‘metropolis of a great and noble republic.’’ only are the states contemplated.’’ ‘‘These reason for being. Close to two-thirds of the Instead, ‘‘their rights [are] under the imme- clauses show that the word state is used in District’s workforce is employed either di- diate protection of the representatives of the the constitution as designating a member of

VerDate Nov 24 2008 02:07 Feb 27, 2009 Jkt 079060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\A26FE6.025 S26FEPT1 smartinez on PROD1PC64 with SENATE February 26, 2009 CONGRESSIONAL RECORD — SENATE S2535 the union, and excludes from the term the ber of good reasons. First, they didn’t If we wish to grant representatives of the significance attached to it by writers on the want the Federal Government to be be- citizens of the District of Columbia full vot- law of nations.’’ Congress, to be sure, has holden to a single State, a situation ing rights, ‘‘let us do so, once again, the often treated the District of Columbia as a that would of course unfairly benefit proper way, by passing a resolution to amend state for purposes of statutory benefit pro- the Constitution consistent with its own grams. It is customarily included in the the residents of that State, either ma- terms.’’ terially or through added prestige, at major federal grant programs by the well- The bottom line is this: Any proposal the expense of all the other States. worn phrase ‘‘for purposes of this legislation, to secure the right to vote must honor the term ‘State’ shall include the District of Second, they wanted the Federal Gov- the Constitution, which Lincoln called Columbia.’’ The courts, also, have occasion- ernment to have the freedom to relo- the ‘‘only safeguard of our liberties.’’ ally interpreted the word ‘‘state’’ to include cate if the need arose. the District of Columbia. However, the Dis- This was not an easy issue for the Anything less would violate the oath trict has never been automatically included Framers. But the plain text of the Con- we have sworn to uphold, and would under the term ‘‘state’’ even in federal stat- stitution leaves no doubt as to how guarantee a challenge in the courts utes. In District of Columbia v. Carter, the that would only further prolong this Supreme Court held that it was not a ‘‘State they came down on the question: In the end, they decided the interests of the debate. or Territory’’ under 42 U.S.C. § 1983, which The better way is the surer way—and creates a federal cause of action for civil whole were best served by carving out rights violations under color of state law. a Federal district that stood apart that’s the constitutional way. Under the test articulated by Justice Bren- from the States. This way Federal offi- I will oppose this proposal. I urge my nan in that case, ‘‘[w]hether the District of cials would be able to protect the inter- colleagues to do the same. Columbia constitutes a ‘‘State or Territory’’ ests of the whole and give the Federal The PRESIDING OFFICER. The Sen- within the meaning of any particular statu- ator from Connecticut. tory or constitutional provision depends Government the freedom it would need to operate with complete independence Mr. LIEBERMAN. Mr. President, in a upon the character and aim of the specific few moments the Senator from Cali- provision involved.’’ In any event, allowing and freedom of movement. fornia, Senator FEINSTEIN, is scheduled the District to participate on an equal foot- Clearly, not everyone is satisfied ing with the states in federal statutory pro- with the result. But there should be no to be here to speak on the Ensign grams is different in kind from reading the doubt about what the words of the Con- amendment and I will yield to her to language of the Constitution itself in such a stitution says—not just on the day it vote at 3:45. But I say we are coming to way as to allow alteration of the very com- was ratified, but throughout our his- a pivotal moment in a march that has position of the Congress by legislative fiat. gone on for years and years now. In The Constitutional mandate is clear. Only tory. The 23rd amendment, for instance, some sense it goes back more than two United States citizens who are also citizens centuries when—for reasons that are of a state are entitled to elect members of gave Washington, DC the same number Congress. This is hardly a novel proposition. of electoral votes that it would receive hard for historians let alone Senators There are many different levels of rights rec- as ‘‘if it were a state.’’ What this to fathom, the District was established ognized in our system. Aliens, for instance, means, of course, is that at the time as a National Capital, separated from enjoy certain basic rights, including the ben- this amendment was ratified in 1961, no the State to which it had been at- efit of the Equal Protection Clause but are one was under the illusion that DC was tached before—an omission was made not citizens of the United States and have no that was grave and inconsistent with vote. The residents of United States posses- a State—or that it should be treated as sions overseas also enjoy the protection of one, short of a constitutional amend- the founding principles of this country. the Constitution, but may not vote in federal ment. The residents of this National Capital elections. Many of them are United States Clearly, the Framers recognized the of the greatest democracy of the world citizens—the residents of Puerto Rico and deficiencies of the final product. In cre- were left without a Representative Guam, for instance, fit this category. Like ating a Federal district, they knew per- here in Congress who could vote. In a the residents of the District of Columbia, manent residents of that district would government premised on the consent of American citizens who are not also citizens the governed, the 600,000 residents of of a state do not participate in congressional lack representation in Congress. And elections, and they never have enjoyed such this is why they left us a remedy with- the District today do not have a voting participation. The residents of the District in the Constitution itself. If and when Representative here in Congress. of Columbia may not participate directly in the ‘‘People of the United States’’ If you step back, it is actually unbe- congressional elections without becoming wished to revise the U.S. Constitution, lievable. No one has argued that this is citizens of a state, or without an amendment they could do so by amending it, just somehow a just result. The fact is that to the Constitution. as they did in 1961. it is patently unjust and un-American, Mr. MCCONNELL. Mr. President, a The process of amendment is clearly in the sense of a violation of the best few weeks ago, I had the honor of rais- outlined in article V, and it has served principles of this country, of freedom, ing my right hand and reciting a sol- the American people well for more of democracy, of the Republic based on emn oath required by the Constitution than two centuries. Over the years, we the votes of the people. So the argu- itself. According to that oath, the first have amended our founding document ment against the proposal that has and last duty of a U.S. Senator is to 27 times. From eradicating slavery, to come out of the committee that I am support and defend the U.S. Constitu- securing the right to vote for women, privileged to chair, that enjoys bipar- tion. By opposing the legislation before to putting a limit on the years a Presi- tisan support, is nonetheless that this us, I believe I am doing both. is not quite the right way to do it. The Constitution is short because its dent can serve in office, the people of I understand those who have argued authors wanted to be clear, and on the the United States have used the issue of congressional representation amendment process as the way to se- against our proposal have said that the they could not have been more so. Ac- cure or expand rights. Constitution does not allow us to do it cording to Article I, Section II, only So the surest way to honor the aspi- quite this way; that it requires a con- States elect Members of Congress. And, rations of DC residents is to pursue a stitutional amendment. The effect of according to the same article, the seat remedy which respects the Constitu- this I think is to say to the residents of of the Federal Government is not to be tion. One way is through a constitu- the District: Wait a little while longer. considered a State. So the question be- tional amendment that uses the same It has only been a couple of hundred fore us is not whether the Framers language as the bill before us. Another years that you have been denied a vot- meant for the seat of Government to would be to allow the residents of the ing Representative. have representation in Congress. They District to vote as if they were resi- That is not fair. In fact, the prepon- clearly did not. Rather, the question dents of a bordering State, or even to derance of constitutional opinion is before us is why they didn’t want the declare them residents of a bordering that the so-called District clause occu- seat of Government to have representa- State. pies the field and gives us the oppor- tion. And, as a follow-up: What re- As the Senate’s greatest student and tunity to right this historic wrong. course did they leave those who might fiercest living guardian of the Con- Over and over again, notwithstanding want to revise what they had written. stitution, the senior Senator from West the clause my colleagues rely on which In answer to the first question, the Virginia, said just last year on the Sen- says that the House shall be composed Framers opposed statehood for a num- ate floor: of Members chosen by the people of the

VerDate Nov 24 2008 03:14 Feb 27, 2009 Jkt 079060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\A26FE6.028 S26FEPT1 smartinez on PROD1PC64 with SENATE S2536 CONGRESSIONAL RECORD — SENATE February 26, 2009 several States—they emphasize stated by our Founders. Of course, in the carrying of firearms in sensitive States—yet in decision after decision many cases it took too long, but here places’’ and regulations governing ‘‘the the Supreme Court of the United we are in a country where voting, at conditions and qualifications of the States has said that the District should least, has been extended fully to most commercial sale of arms.’’ be considered as a State or else its citi- people in our country—the right to I cannot think of any place more sen- zens will be denied equal protection; vote, the right to have voting represen- sitive than the District of Columbia. due process as a State for purposes of tation in Congress. Yet there is this Even bans on ‘‘dangerous and unusual the interstate commerce clause; as I growth remaining; 600,000 of our fellow weapons’’ are completely appropriate stated, for the purposes of diversity of Americans get taxed, get called to war, under the Heller decision. So it is in- jurisdiction, the opportunity for people get regulated and supervised and every- teresting to me that you have this de- to gain access to Federal courts for the thing else, and yet have no say here cision, and then you have the Senate right of trial by jury. So the Supreme with a vote by a Representative in the moving even to obliterate what is al- Court of the United States has made House of Representatives. That is what lowable under the decision. very clear that the District, even when this bill would do. Senator ENSIGN’s amendment com- the Constitution refers to States, It is not a small step, it is a signifi- pletely ignores Heller’s language and should be considered as a State. There cant, historic step forward on the jour- takes the approach that all guns for all may be a constitutional argument on ney to realize the best principles of people at all times is called for by Hell- the other side; I do not think it is a this great Republic. When the time er. It is not. compelling argument. But if you ac- comes, I hope and believe our col- We have all seen the tragic concept the injustice of the status quo for leagues in both parties will finally sequences of gun violence: the mas- the residents of the District, an unac- right this wrong and extend voting rep- sacre of students at Virginia Tech Uni- ceptable injustice that is an embarrass- resentation in the House to residents of versity in 2007, the murders at Col- ment to this great democracy of ours, the District. umbine High School in Colorado, the then even if you think what S. 160 does I am pleased to see the Senator from North Hollywood shootout where bank is not constitutional, vote to end the California on the Senate floor, and I robbers carrying automatic weapons injustice because the proposal, S. 160 would yield to her at this time. and shooting armor-piercing bullets itself, provides for expedited appeal to The PRESIDING OFFICER. The Sen- shot 10 Los Angeles Police Department the court to determine the constitu- ator from California is recognized. SWAT officers and seven civilians be- tionality. Mrs. FEINSTEIN. Mr. President, I fore being stopped. After all, there is always debate. No thank the manager of the bill. I rise We have seen criminal street gangs one knowingly votes for something today to speak in strong opposition to able to buy weapons at gun shows and they think is unconstitutional. Yet amendment No. 575 offered by Senator out of the back seats or the trunks of there are so many times when we have ENSIGN. automobiles. We have seen their bul- to acknowledge, as powerful as this I believe the amendment is reckless. lets kill hundreds, if not thousands of great deliberative body is, we are not I believe it is irresponsible. I believe it people across this great land, men, the ultimate arbiter of constitu- will lead to more weapons and more vi- women, and children. tionality. That privilege, that power, olence on the streets of our Nation’s As Senator SCHUMER said, if this was given by the Constitution to the Capital. It will endanger the citizens of amendment becomes law, even if you judicial branch of our Government. the District, the Government employ- cannot see, even if you cannot pass a So I hope, my friends, as we draw ees who work here, our elected offi- sight test, you can have access to fire- close to the hour of decision, that my cials, and those who visit this great arms. That is not what this Nation colleagues, whatever their conclusion American Capitol. And, of course, if should encourage. Those incidents and about the constitutionality is, will successful, it will be the first new step the gun violence that occurs every day vote to end the injustice imposed on in a march to remove all commonsense across this country show us that we residents of the District. I have always gun regulations all over this land. should be doing more, not less, to keep believed America is many things, but The Ensign amendment repeals gun guns out of the hands of criminals and in this sense, is a journey. It is a jour- laws promoting public safety, including the mentally ill and not give them un- ney historically to realize the extraor- DC laws that the U.S. Supreme Court fettered access to firearms. dinary revolutionary principles adopt- indicated were permissible under the It is worth noting just how far this ed in our Declaration of Independence second amendment in the Heller deci- amendment goes in repealing DC law and Constitution that have been fol- sion. I strongly disagree with the Su- and just how unsafe it will make the lowed by so many other countries since preme Court decision in Heller that the streets of this capital. Here is what it the great statement in the Declaration second amendment gives individuals a would do: It would repeal DC’s ban on of Independence, those self-evident right to possess weapons for private semiautomatic weapons, including as- truths, that all of us are created equal; purposes not related to State militias, sault weapons. we are endowed by our creator with and that the Constitution does not per- If this amendment becomes law, mili- these inalienable rights to life and lib- mit a general ban on handguns in the tary-style assault weapons with high- erty and the pursuit of happiness. home. But that is the law. It has been capacity magazines will be allowed to The Constitution enshrines a system adjudicated. It has gone up to the high- be stockpiled in homes and businesses of representative government, a great est Court, and I am one who believes if in the District, even near Federal republic, government by the consent of we do not like the law, we should try to buildings such as the White House and the governed. But we must acknowl- make changes through the proper legal the Capitol. Even the .50 caliber sniper edge that at the outset of our history, channels. rifle, with a range of over 1 mile, will as lofty as the principles were em- However, it is important to note that be allowed in DC under this amend- braced and expressed in the Decelera- Heller also stands for the proposition ment. This is a weapon capable of fir- tion and the Constitution, they were that reasonable, commonsense gun reg- ing rounds that can penetrate concrete not fully realized at the outset of our ulations are entirely permissible. As and armor plating. And at least one history. People of color, African Amer- the author of the original assault model of the .50 caliber sniper rifle is icans, were not only denied the rights weapons ban that was enacted in 1994, I easily concealed and transported. One of citizenship but were only counted know commonsense gun regulations do gun manufacturer describes this model three-fifths the equal of Whites. make our communities safer, while at as a ‘‘lightweight and tactical’’ weapon Women did not have the right to vote. the same time respecting the rights of and capable of being collapsed and car- Many men did not have the right to sportsmen and others to keep and bear ried in ‘‘a very small inconspicuous vote because the vote in most States arms. package.’’ was limited to those who owned land. Justice Scalia wrote in the majority Is this what we want to do? There is So over our history, we have been on opinion on the Heller case that a wide simply no good reason anyone needs this extraordinary journey to realize, variety of gun laws are ‘‘presumptively semiautomatic, military-style assault generation after generation, the ideals lawful,’’ including the laws ‘‘forbidding weapons in an urban community. It is

VerDate Nov 24 2008 03:04 Feb 27, 2009 Jkt 079060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\G26FE6.050 S26FEPT1 smartinez on PROD1PC64 with SENATE February 26, 2009 CONGRESSIONAL RECORD — SENATE S2537 unfathomable to me that the same After the Heller decision, the District Mr. ENSIGN. Mr. President, I wish to high-powered sniper rifle used by our passed emergency legislation to allow clear up a couple of misstatements Armed Forces will be permitted in the guns to be unlocked for self-defense, made by the other side. First, they said Nation’s Capitol. Yet this is exactly but requiring that they otherwise be that somebody who is mentally ill what the amendment would allow if kept locked to keep guns out of the could get a gun under this provision. passed by the Senate. hands of children and criminals. We all That is not the case. We basically take Next, the amendment would repeal ought to want that. the Federal definition which does not existing Federal antigun trafficking The Ensign amendment repeals even allow people who are mentally ill to laws. For years, Federal law has this modest limitation and prevents get guns because reasonable back- banned gun dealers from selling hand- the District of Columbia City Council ground checks can be required and guns directly to out-of-State buyers from enacting any law that discour- should be required so that somebody who are not licensed firearms dealers. ages, whatever that means, gun owner- who is mentally ill won’t get a gun. We This has helped substantially in the ship or requiring the safe storage of don’t want to see a Virginia Tech type fight against illegal interstate gun firearms. How can we, in the Capitol of of a situation happen again. This trafficking, and it has prevented crimi- the United States where we have had amendment does not allow it. nals from traveling to other States to so many tragic events, possibly do The bottom line is, the District of buy guns. this? This is simply ridiculous and goes Columbia has the highest murder rate. Senator ENSIGN’s amendment repeals well beyond the Supreme Court’s rul- It has had the highest murder rate, and this longstanding Federal law and al- ing in Heller. that rate has gone up as the District lows DC residents to cross State lines Think about what this means. Con- has enacted stricter and stricter gun to buy handguns in neighboring States. sider that every major gun manufac- control laws. As the Senator from Cali- Illegal gun traffickers will be able to turer recommends that guns be kept fornia said, we want to protect citi- easily obtain large quantities of fire- unloaded, locked, and kept in a safe zens. Shouldn’t we do what other arms outside of DC and then distribute place. Under this amendment, the Dis- places have done and allow law-abiding those guns to criminals in DC and in trict could not enact any legislation citizens to actually own guns? That is surrounding States. requiring that guns be stored in a safe what the amendment provides. It says: And no one should be so naive as to place, even in homes with children. Let’s protect the second amendment say that this amendment will not do How can anyone believe this broad- rights for law-abiding District of Co- this. It will. The amendment repeals brush amendment is the right thing to lumbia residents so they can protect DC law restricting the ability of dan- do? How can any of us believe it pro- themselves against intruders coming gerous and unqualified people to obtain vides protection for the people we rep- into their homes. guns. The amendment also repeals resent? Criminals are going to get their guns. many of the gun regulations that the Let me make one other point. The We know that. Criminals get their guns Supreme Court said were completely American people clearly do not agree in DC and around the country. They do appropriate after Heller. with this amendment. Last fall, when a it through the black market. In DC, So all of those who will vote for this virtually identical bill was being con- they can go right across the border and amendment should not do so thinking sidered in the House of Representa- get a gun pretty easily. We want to they are just complying with the Hell- tives, a national poll found that 69 per- er decision. This is part of a march for- make sure that law-abiding citizens are cent of Americans opposed Congress ward by gun lobby interests in this able to get guns and to protect them- country to begin to remove all compassing a law to eliminate the Dis- selves. That is the basis for this monsense regulations, and no one trict’s gun laws, 69 percent. That is amendment, to say: Let’s uphold the should think it is anything else. about as good as we get on any con- Supreme Court. Let’s make sure we This would repeal the DC prohibition troversial issue. Additionally, 60 per- protect the second amendment rights on persons under the age of 21 from cent of Americans believe Washington of citizens in the District of Columbia. possessing firearms, and it repeals all will become less safe if Congress takes We are exercising our constitutional age limits for the possession of long this step. duty both with oversight over the Dis- guns, including assault weapons. Is this what we want? Do we want the trict of Columbia and by protecting the Do we really want that? I think of Capitol of the United States to become second amendment rights of our citi- the story of an 11-year-old who had a less safe? I don’t think so. Today, if zens. reduced barreled shotgun and just re- this amendment passes in the Senate, I urge a yea vote on the amendment. cently killed somebody with it. Is this it will be directly against the wishes of The PRESIDING OFFICER. All time what we want to see all over this coun- the American people. It will not pass has expired. try, the ability of virtually anyone to because it is good public policy, it will The Senator from Connecticut. Mr. LIEBERMAN. Mr. President, obtain a firearm regardless of their only be passed to placate the National Senator REID wishes to speak for 2 age? I don’t think so. Rifle Association. I say for shame. The amendment even repeals the DC As a former mayor who saw firsthand minutes before the vote. Therefore, I law prohibiting gun possession by peo- what happens when guns fall into the suggest the absence of a quorum. ple who have poor vision. I heard Sen- hands of criminals, juveniles, and the The PRESIDING OFFICER. The clerk will call the roll. ator SCHUMER speak about this yester- mentally ill, I believe this amendment The assistant legislative clerk pro- day afternoon. Unbelievably, under places the families of the District of Columbia in great jeopardy. The ceeded to call the roll. this amendment, the District would be Mr. ENSIGN. I ask unanimous con- amendment puts innocent lives at barred from having any vision require- sent that the order for the quorum call ment for gun use, even if someone is stake. It is an affront to the public be rescinded. blind. Is this the kind of public policy safety of the District. It is an affront The PRESIDING OFFICER. Without we want to make for our Nation? Is to local home rule. This isn’t just a bad objection, it is so ordered. this how co-opted this body is to the amendment; it is a very dangerous one. Mr. ENSIGN. I ask for the yeas and National Rifle Association and others? I very strongly urge Senators to join nays on amendment No. 575. I hope not. me in opposing it. The PRESIDING OFFICER. Is there a The amendment before the Senate re- Mr. President, when this bill was sufficient second? peals all firearm registration require- tried in the House a year ago, a poll There appears to be a sufficient sec- ments in the District, making it even was done nationally in which 69 per- ond. more difficult for law enforcement to cent of the people were against it. I The yeas and nays were ordered. trace guns used in crimes and track have to believe a dominant majority The PRESIDING OFFICER. The ma- down the registered owner. The amend- would still be against it. I urge a no jority leader. ment repeals all existing safe-storage vote on the amendment. Mr. REID. I suggest the absence of a laws and prohibits the District from The PRESIDING OFFICER. The Sen- quorum. enacting any additional safe-storage ator from Nevada is recognized for 2 The PRESIDING OFFICER. The laws. minutes. clerk will call the roll.

VerDate Nov 24 2008 03:14 Feb 27, 2009 Jkt 079060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\A26FE6.039 S26FEPT1 smartinez on PROD1PC64 with SENATE S2538 CONGRESSIONAL RECORD — SENATE February 26, 2009 The assistant legislative clerk pro- [Rollcall Vote No. 72 Leg.] The bill having been read the third ceeded to call the roll. YEAS—62 time, the question is, Shall the bill Mr. REID. I ask unanimous consent Alexander DeMint McConnell pass? that the order for the quorum call be Barrasso Dorgan Murkowski The clerk will call the roll. Baucus Ensign rescinded. Nelson (NE) The legislative clerk proceeded to Bayh Enzi Pryor call the roll. The PRESIDING OFFICER. Without Begich Feingold Reid Mr. DURBIN. I announce that the objection, it is so ordered. Bennet Graham Risch Bennett Grassley Roberts Senator from Massachusetts (Mr. KEN- Mr. REID. Mr. President, I ask unan- Bond Gregg Sessions NEDY) is necessarily absent. Brownback Hagan Shelby The PRESIDING OFFICER (Ms. imous consent that the vote commence Bunning Hatch Snowe upon completion of my statement. Burr Hutchison KLOBUCHAR). Are there any other Sen- Specter The PRESIDING OFFICER. Without Byrd Inhofe ators in the Chamber desiring to vote? Casey Isakson Tester The result was announced—yeas 61, objection, it is so ordered. Thune Chambliss Johanns nays 37, as follows: Mr. REID. Mr. President, we have Coburn Johnson Udall (CO) Cochran Kyl Udall (NM) [Rollcall Vote No. 73 Leg.] had a good debate on this bill. It has Collins Landrieu Vitter YEAS—61 gone on all week. I thank my col- Conrad Lincoln Voinovich Akaka Harkin Nelson (NE) Corker Martinez Warner leagues on both sides of the aisle for a Bayh Hatch Cornyn McCain Webb Pryor very productive, intelligent conversa- Begich Inouye Crapo McCaskill Wicker Reed tion. The Senate today is moving to Bennet Johnson Reid right a century’s-old wrong. It is inex- NAYS—36 Bingaman Kaufman Rockefeller Boxer Kerry Sanders cusable and indefensible that nearly Akaka Harkin Merkley Brown Klobuchar Bingaman Inouye Mikulski Schumer 600,000 people who live in the District Burris Kohl Shaheen Boxer Kaufman Murray Cantwell Landrieu of Columbia don’t enjoy a voice in Con- Snowe Brown Kerry Nelson (FL) Cardin Lautenberg Specter gress as do other American citizens. We Burris Klobuchar Reed Carper Leahy are the only democracy in the world Cantwell Kohl Rockefeller Casey Levin Stabenow that denies citizens of its capital—our Cardin Lautenberg Sanders Collins Lieberman Tester Carper Leahy Schumer Conrad Lincoln Udall (CO) capital, Washington, DC—the right to Dodd Levin Shaheen Dodd Lugar Udall (NM) vote in a national legislature in any Durbin Lieberman Stabenow Dorgan McCaskill Voinovich way. Residents of Washington, DC pay Feinstein Lugar Whitehouse Durbin Menendez Warner Gillibrand Menendez Wyden taxes. They sit on juries. They serve Feingold Merkley Webb NOT VOTING—1 Feinstein Mikulski Whitehouse bravely in the armed services. Yet they Gillibrand Murray Wyden are provided only a delegate in Con- Kennedy Hagan Nelson (FL) gress who is not permitted to vote. The amendment (No. 575) was agreed NAYS—37 This injustice has stood for far too to. Alexander Cornyn Martinez long. Shadow representation is shadow Mr. REID. Mr. President, I move to Barrasso Crapo McCain citizenship and is offensive to our de- reconsider the vote. Baucus DeMint McConnell mocracy. Mr. LEVIN. I move to lay that mo- Bennett Ensign Murkowski Bond Enzi Risch I hope the bill will pass today. It is a tion on the table. Brownback Graham Roberts bill that is fair, bipartisan, and long The motion to lay on the table was Bunning Grassley Sessions Burr Gregg Shelby overdue. If we can send American sol- agreed to. Byrd Hutchison Thune diers to fight for democracy around the Mr. REID. Mr. President, this will be Chambliss Inhofe Vitter Coburn Isakson world and ensure citizens of other na- the last vote this week. We hope to be Wicker tions that they have a right to vote, able to get to the omnibus on Monday. Cochran Johanns Corker Kyl the least we can do is give the same op- We are going to be on the omnibus one portunity to fellow Americans in the way or the other on Monday. I will file NOT VOTING—1 shadow of this great Capitol. We will cloture on the matter if I have to, but Kennedy shortly vote on a bill that honors the I think we are going to move to that The bill (S. 160), as amended, was residents of the District who respon- Monday. We have a lot of work to do. passed, as follows: sibly meet every single expectation of The CR expires on Friday. I have had S. 160 American citizenship but are denied conversations today with the Repub- Be it enacted by the Senate and House of Rep- one of the most basic civil rights in re- lican leader. We both understand the resentatives of the United States of America in turn. urgency of trying to get this done. We Congress assembled, I commend Chairman LIEBERMAN, are going to try to have as many TITLE I—DISTRICT OF COLUMBIA HOUSE who has taken leadership on this issue amendments as time will allow. People VOTING RIGHTS ACT OF 2009 for no reason or agenda other than he should be here ready to move on this SECTION 1. SHORT TITLE. believes it is right to do this. bill as soon as we are able to get to it. This Act may be cited as the ‘‘District of I have already heard from a couple of Columbia House Voting Rights Act of 2009’’. I urge all Senators to vote for this Senators who have amendments ready SEC. 2. TREATMENT OF DISTRICT OF COLUMBIA measure. AS CONGRESSIONAL DISTRICT. to go. What we will try to do is alter- The PRESIDING OFFICER. The (a) CONGRESSIONAL DISTRICT AND NO SEN- nate sides on amendments and hope- ATE REPRESENTATION.— question is on agreeing to amendment fully finish it on Thursday. Next Fri- (1) IN GENERAL.—Notwithstanding any No. 575, offered by the Senator from day is supposed to be a nonvoting day. other provision of law, the District of Colum- Nevada, Mr. ENSIGN. The yeas and nays We hope we can keep it that way, but bia shall be considered a congressional dis- have been ordered. this is an important piece of legisla- trict for purposes of representation in the The clerk will call the roll. tion we must complete. House of Representatives. This is the last vote for the day. (2) NO REPRESENTATION PROVIDED IN SEN- The assistant legislative clerk called ATE.—The District of Columbia shall not be the roll. The PRESIDING OFFICER. The sub- considered a State for purposes of represen- stitute amendment, as amended, is Mr. DURBIN. I announce that the tation in the United States Senate. agreed to. (b) CONFORMING AMENDMENTS RELATING TO Senator from Massachusetts (Mr. KEN- The bill was ordered to be engrossed APPORTIONMENT OF MEMBERS OF HOUSE OF NEDY) is necessarily absent. for a third reading and was read the REPRESENTATIVES.— The PRESIDING OFFICER (Mr. NEL- third time. (1) INCLUSION OF SINGLE DISTRICT OF COLUM- SON of Nebraska). Are there any other Mr. LEVIN. Mr. President, I ask for BIA MEMBER IN REAPPORTIONMENT OF MEMBERS AMONG STATES.—Section 22 of the Act enti- Senators in the Chamber desiring to the yeas and nays. vote? tled ‘‘An Act to provide for the fifteenth and The PRESIDING OFFICER. Is there a subsequent decennial censuses and to provide The result was announced—yeas 62, sufficient second? There appears to be for apportionment of Representatives in Con- nays 36, as follows: a sufficient second. gress’’, approved June 28, 1929 (2 U.S.C. 2a), is

VerDate Nov 24 2008 02:07 Feb 27, 2009 Jkt 079060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\G26FE6.052 S26FEPT1 smartinez on PROD1PC64 with SENATE February 26, 2009 CONGRESSIONAL RECORD — SENATE S2539 amended by adding at the end the following gress’’, approved June 28, 1929 (2 U.S.C. 2a), bia,’’ and inserting ‘‘the Representative in new subsection: as amended by this Act, and the regular de- Congress,’’. ‘‘(d) This section shall apply with respect cennial census conducted for 2000, the State (C) In section 8 (sec. 1–1001.08, D.C. Official to the District of Columbia in the same man- entitled to the one additional representative Code)— ner as this section applies to a State, except is Utah. (i) in the heading, by striking ‘‘Delegate’’ that the District of Columbia may not re- (3) ADDITIONAL STATEMENTS AND REPORTS.— and inserting ‘‘Representative’’; and ceive more than one Member under any re- (A) IN GENERAL.—Subject to subparagraph (ii) by striking ‘‘Delegate,’’ each place it apportionment of Members.’’. (B) and following the revised statement of appears in subsections (h)(1)(A), (i)(1), and (2) CLARIFICATION OF DETERMINATION OF apportionment and subsequent report under (j)(1) and inserting ‘‘Representative in Con- NUMBER OF PRESIDENTIAL ELECTORS ON BASIS paragraphs (1) and (2), the Statement of Ap- gress,’’. OF 23RD AMENDMENT.—Section 3 of title 3, portionment by the President and subse- (D) In section 10 (sec. 1–1001.10, D.C. Offi- United States Code, is amended by striking quent reports by the Clerk of the House of cial Code)— ‘‘come into office;’’ and inserting ‘‘come into Representatives shall continue to be issued (i) in subsection (a)(3)(A)— office (subject to the twenty-third article of at the intervals and pursuant to the method- (I) by striking ‘‘or section 206(a) of the Dis- amendment to the Constitution of the ology specified under section 22 of the Act trict of Columbia Delegate Act’’; and United States in the case of the District of entitled ‘‘An Act to provide for the fifteenth (II) by striking ‘‘the office of Delegate to Columbia);’’. and subsequent decennial censuses and to the House of Representatives’’ and inserting SEC. 3. INCREASE IN MEMBERSHIP OF HOUSE OF provide for apportionment of Representa- ‘‘the office of Representative in Congress’’; REPRESENTATIVES. tives in Congress’’, approved June 28, 1929 (2 (ii) in subsection (d)(1), by striking ‘‘Dele- (a) PERMANENT INCREASE IN NUMBER OF U.S.C. 2a), as amended by this Act. gate,’’ each place it appears; and MEMBERS.—Effective with respect to the (B) FAILURE TO COMPLETE.—In the event (iii) in subsection (d)(2)— 112th Congress, or the first Congress sworn in that the revised statement of apportionment (I) by striking ‘‘(A) In the event’’ and all after the implementation of this Act, and and subsequent report under paragraphs (1) that follows through ‘‘term of office,’’ and each succeeding Congress, the House of Rep- and (2) can not be completed prior to the inserting ‘‘In the event that a vacancy oc- resentatives shall be composed of 437 Mem- issuance of the regular statement of appor- curs in the office of Representative in Con- bers, including the Member representing the tionment and subsequent report under sec- gress before May 1 of the last year of the District of Columbia pursuant to section tion 22 of the Act entitled ‘‘An Act to pro- Representative’s term of office,’’; and 2(a). vide for the fifteenth and subsequent decen- (II) by striking subparagraph (B). (b) REAPPORTIONMENT OF MEMBERS RESULT- nial censuses and to provide for apportion- (E) In section 11(a)(2) (sec. 1–1001.11(a)(2), ING FROM INCREASE.— ment of Representatives in Congress’’, ap- D.C. Official Code), by striking ‘‘Delegate to (1) IN GENERAL.—Section 22(a) of the Act entitled ‘‘An Act to provide for the fifteenth proved June 28, 1929 (2 U.S.C. 2a), as amended the House of Representatives,’’ and inserting and subsequent decennial censuses and to by this Act, the President and Clerk may ‘‘Representative in Congress,’’. provide for apportionment of Representa- disregard paragraphs (1) and (2). (F) In section 15(b) (sec. 1–1001.15(b), D.C. tives in Congress’’, approved June 28, 1929 (2 SEC. 4. UTAH REDISTRICTING PLAN. Official Code), by striking ‘‘Delegate,’’ and U.S.C. 2a(a)), is amended by striking ‘‘the The general election for the additional inserting ‘‘Representative in Congress,’’. then existing number of Representatives’’ Representative to which the State of Utah is (G) In section 17(a) (sec. 1–1001.17(a), D.C. and inserting ‘‘the number of Representa- entitled for the 112th Congress, pursuant to Official Code), by striking ‘‘the Delegate to tives established with respect to the 112th section 3(c), shall be elected pursuant to a Congress from the District of Columbia’’ and Congress, or the first Congress sworn in after redistricting plan enacted by the State, such inserting ‘‘the Representative in Congress’’. implementation of the District of Columbia as the plan the State of Utah signed into law (b) REPEAL OF OFFICE OF STATEHOOD REP- House Voting Rights Act of 2009’’. on December 5, 2006, which— RESENTATIVE.— (2) EFFECTIVE DATE.—The amendment (1) revises the boundaries of congressional (1) IN GENERAL.—Section 4 of the District made by paragraph (1) shall apply with re- districts in the State to take into account of Columbia Statehood Constitutional Con- spect to the regular decennial census con- the additional Representative to which the vention Initiative of 1979 (sec. 1–123, D.C. Of- ducted for 2010 and each subsequent regular State is entitled under section 3; and ficial Code) is amended as follows: decennial census. (2) remains in effect until the taking effect (A) By striking ‘‘offices of Senator and (c) TRANSMITTAL OF REVISED APPORTION- of the first reapportionment occurring after Representative’’ each place it appears in sub- MENT INFORMATION BY PRESIDENT.— the regular decennial census conducted for section (d) and inserting ‘‘office of Senator’’. (1) STATEMENT OF APPORTIONMENT BY PRESI- 2010. (B) In subsection (d)(2)— DENT.—Not later than 30 days after the date SEC. 5. EFFECTIVE DATE. (i) by striking ‘‘a Representative or’’; of the enactment of this Act, the President The additional Representative other than (ii) by striking ‘‘the Representative or’’; shall transmit to Congress a revised version the Representative from the District of Co- and of the most recent statement of apportion- lumbia, pursuant to section 3(c), and the (iii) by striking ‘‘Representative shall be ment submitted under section 22 of the Act Representative from the District of Colum- elected for a 2-year term and each’’. entitled ‘‘An Act to provide for the fifteenth bia shall be sworn in and seated as Members (C) In subsection (d)(3)(A), by striking ‘‘and and subsequent decennial censuses and to of the House of Representatives on the same 1 United States Representative’’. provide for apportionment of Representa- date as other Members of the 112th Congress (D) By striking ‘‘Representative or’’ each tives in Congress’’, approved June 28, 1929 (2 or the first Congress sworn in after imple- place it appears in subsections (e), (f), (g), U.S.C. 2a), to take into account this Act and mentation of this Act. and (h). the amendments made by this Act. The SEC. 6. CONFORMING AMENDMENTS. (E) By striking ‘‘Representative’s or’’ each statement shall reflect that the District of (a) REPEAL OF OFFICE OF DISTRICT OF CO- place it appears in subsections (g) and (h). Columbia is entitled to one Representative LUMBIA DELEGATE.— (2) CONFORMING AMENDMENTS.— and shall identify the other State entitled to (1) REPEAL OF OFFICE.— (A) STATEHOOD COMMISSION.—Section 6 of one representative under this section. Pursu- (A) IN GENERAL.—Sections 202 and 204 of such Initiative (sec. 1–125, D.C. Official Code) ant to section 22 of the Act entitled ‘‘An Act the District of Columbia Delegate Act (Pub- is amended— to provide for the fifteenth and subsequent lic Law 91–405; sections 1–401 and 1–402, D.C. (i) in subsection (a)— decennial censuses and to provide for appor- Official Code) are repealed, and the provi- (I) by striking ‘‘27 voting members’’ and in- tionment of Representatives in Congress’’, sions of law amended or repealed by such serting ‘‘26 voting members’’; approved June 28, 1929 (2 U.S.C. 2a), as sections are restored or revived as if such (II) by adding ‘‘and’’ at the end of para- amended by this Act, and the regular decen- sections had not been enacted. graph (5); and nial census conducted for 2000, the State en- (B) EFFECTIVE DATE.—The amendments (III) by striking paragraph (6) and redesig- titled to the one additional representative is made by this subsection shall take effect on nating paragraph (7) as paragraph (6); and Utah. the date on which a Representative from the (ii) in subsection (a–1)(1), by striking sub- (2) REPORT BY CLERK.—Not later than 15 District of Columbia takes office. paragraph (H). calendar days after receiving the revised (2) CONFORMING AMENDMENTS TO DISTRICT (B) AUTHORIZATION OF APPROPRIATIONS.— version of the statement of apportionment OF COLUMBIA ELECTIONS CODE OF 1955.—The Section 8 of such Initiative (sec. 1–127, D.C. under paragraph (1), the Clerk of the House District of Columbia Elections Code of 1955 is Official Code) is amended by striking ‘‘and of Representatives shall submit a report to amended as follows: House’’. the Speaker of the House of Representatives (A) In section 1 (sec. 1–1001.01, D.C. Official (C) APPLICATION OF HONORARIA LIMITA- indicating that the District of Columbia is Code), by striking ‘‘the Delegate to the TIONS.—Section 4 of D.C. Law 8–135 (sec. 1– entitled to one Representative and identi- House of Representatives,’’ and inserting 131, D.C. Official Code) is amended by strik- fying the State which is entitled to one addi- ‘‘the Representative in Congress,’’. ing ‘‘or Representative’’ each place it ap- tional Representative pursuant to this sec- (B) In section 2 (sec. 1–1001.02, D.C. Official pears. tion. Pursuant to section 22 of the Act enti- Code)— (D) APPLICATION OF CAMPAIGN FINANCE tled ‘‘An Act to provide for the fifteenth and (i) by striking paragraph (6); and LAWS.—Section 3 of the Statehood Conven- subsequent decennial censuses and to provide (ii) in paragraph (13), by striking ‘‘the Del- tion Procedural Amendments Act of 1982 for apportionment of Representatives in Con- egate to Congress for the District of Colum- (sec. 1–135, D.C. Official Code) is amended by

VerDate Nov 24 2008 02:07 Feb 27, 2009 Jkt 079060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\A26FE6.035 S26FEPT1 smartinez on PROD1PC64 with SENATE S2540 CONGRESSIONAL RECORD — SENATE February 26, 2009

striking ‘‘and United States Representa- (b) INTERVENTION BY MEMBERS OF CON- 2(b)(1), or 3 or any amendment made by those tive’’. GRESS.— sections is declared or held invalid or unen- (E) DISTRICT OF COLUMBIA ELECTIONS CODE (1) IN GENERAL.—In any action in which the forceable by a court of competent jurisdic- OF 1955.—The District of Columbia Elections constitutionality of any provision of this Act tion, the amendment made by subsection (a) Code of 1955 is amended— or any amendment made by this Act is chal- and the application of such amendment to (i) in section 2(13) (sec. 1–1001.02(13), D.C. lenged (including an action described in sub- any other person or circumstance shall not Official Code), by striking ‘‘United States section (a)), any member of the House of be affected by such holding. Senator and Representative,’’ and inserting Representatives (including a Delegate or TITLE II—SECOND AMENDMENT ‘‘United States Senator,’’; and Resident Commissioner to the Congress) or ENFORCEMENT ACT (ii) in section 10(d) (sec. 1–1001.10(d)(3), D.C. the Senate shall have the right to intervene SEC. 201. SHORT TITLE. Official Code), by striking ‘‘United States or file legal pleadings or briefs either in sup- This title may be cited as the ‘‘Second Representative or’’. port of or opposition to the position of a Amendment Enforcement Act’’. (3) EFFECTIVE DATE.—The amendments party to the case regarding the constitu- SEC. 202. CONGRESSIONAL FINDINGS. made by this subsection shall take effect on tionality of the provision or amendment. Congress finds the following: the date on which a Representative from the (2) COURT EFFICIENCY.—To avoid duplica- (1) The Second Amendment to the United District of Columbia takes office. tion of efforts and reduce the burdens placed States Constitution provides that the right (c) CONFORMING AMENDMENTS REGARDING on the parties to the action, the court in any of the people to keep and bear arms shall not APPOINTMENTS TO SERVICE ACADEMIES.— action described in paragraph (1) may make be infringed. (1) UNITED STATES MILITARY ACADEMY.— such orders as it considers necessary, includ- (2) As the Congress and the Supreme Court Section 4342 of title 10, United States Code, ing orders to require intervenors taking of the United States have recognized, the is amended— similar positions to file joint papers or to be Second Amendment to the United States (A) in subsection (a), by striking paragraph represented by a single attorney at oral ar- Constitution protects the rights of individ- (5); and gument. uals, including those who are not members of (B) in subsection (f), by striking ‘‘the Dis- (c) CHALLENGE BY MEMBERS OF CONGRESS.— a militia or engaged in military service or trict of Columbia,’’. Any Member of Congress may bring an ac- training, to keep and bear arms. (2) UNITED STATES NAVAL ACADEMY.—Such tion, subject to the special rules described in (3) The law-abiding citizens of the District title is amended— subsection (a), to challenge the constitu- of Columbia are deprived by local laws of (A) in section 6954(a), by striking para- tionality of any provision of this Act or any handguns, rifles, and shotguns that are com- graph (5); and amendment made by this Act. monly kept by law-abiding persons through- (B) in section 6958(b), by striking ‘‘the Dis- SEC. 9. FCC AUTHORITIES. out the United States for sporting use and trict of Columbia,’’. (a) CLARIFICATION OF GENERAL POWERS.— for lawful defense of their persons, homes, (3) UNITED STATES AIR FORCE ACADEMY.— Title III of the Communications Act of 1934 businesses, and families. Section 9342 of title 10, United States Code, is amended by inserting after section 303 (47 (4) The District of Columbia has the high- is amended— U.S.C. 303) the following new section: est per capita murder rate in the Nation, (A) in subsection (a), by striking paragraph ‘‘SEC. 303B. CLARIFICATION OF GENERAL POW- which may be attributed in part to local (5); and ERS. laws prohibiting possession of firearms by (B) in subsection (f), by striking ‘‘the Dis- ‘‘(a) CERTAIN AFFIRMATIVE ACTIONS RE- law-abiding persons who would otherwise be trict of Columbia,’’. QUIRED.—The Commission shall take actions able to defend themselves and their loved (4) EFFECTIVE DATE.—This subsection and to encourage and promote diversity in com- ones in their own homes and businesses. the amendments made by this subsection munication media ownership and to ensure (5) The Federal Gun Control Act of 1968, as shall take effect on the date on which a Rep- that broadcast station licenses are used in amended by the Firearms Owners’ Protec- resentative from the District of Columbia the public interest. tion Act of 1986, and the Brady Handgun Vio- takes office. ‘‘(b) CONSTRUCTION.—Nothing in section lence Prevention Act of 1993, provide com- SEC. 7. NONSEVERABILITY OF PROVISIONS AND 303A shall be construed to limit the author- prehensive Federal regulations applicable in NONAPPLICABILITY. ity of the Commission regarding matters un- the District of Columbia as elsewhere. In ad- (a) NONSEVERABILITY.—If any provision of related to a requirement that broadcasters dition, existing District of Columbia crimi- section 2(a)(1), 2(b)(1), or 3 or any amend- present or ascertain opposing viewpoints on nal laws punish possession and illegal use of ment made by those sections is declared or issues of public importance.’’. firearms by violent criminals and felons. held invalid or unenforceable by a court of (b) SEVERABILITY.—Notwithstanding sec- Consequently, there is no need for local laws competent jurisdiction, the remaining provi- tion 7(a), if any provision of section 2(a)(1), which only affect and disarm law-abiding sions of this Act or any amendment made by 2(b)(1), or 3 or any amendment made by those citizens. this Act shall be treated and deemed invalid sections is declared or held invalid or unen- (6) Officials of the District of Columbia and shall have no force or effect of law. forceable by a court of competent jurisdic- have indicated their intention to continue to (b) NONAPPLICABILITY.—Nothing in the Act tion, the amendment made by subsection (a) unduly restrict lawful firearm possession and shall be construed to affect the first reappor- and the application of such amendment to use by citizens of the District. tionment occurring after the regular decen- any other person or circumstance shall not (7) Legislation is required to correct the nial census conducted for 2010 if this Act has be affected by such holding. District of Columbia’s law in order to restore not taken effect. SEC. 10. FAIRNESS DOCTRINE PROHIBITED. the fundamental rights of its citizens under SEC. 8. JUDICIAL REVIEW. (a) LIMITATION ON GENERAL POWERS: FAIR- the Second Amendment to the United States (a) SPECIAL RULES FOR ACTIONS BROUGHT NESS DOCTRINE.—Title III of the Communica- Constitution and thereby enhance public ON CONSTITUTIONAL GROUNDS.—If any action tions Act of 1934 is amended by inserting safety. is brought to challenge the constitutionality after section 303 (47 U.S.C. 303) the following SEC. 203. REFORM D.C. COUNCIL’S AUTHORITY TO of any provision of this Act or any amend- new section: RESTRICT FIREARMS. ment made by this Act, the following rules Section 4 of the Act entitled ‘‘An Act to ‘‘SEC. 303A. LIMITATION ON GENERAL POWERS: prohibit the killing of wild birds and wild shall apply: FAIRNESS DOCTRINE. animals in the District of Columbia’’, ap- (1) The action shall be filed in the United ‘‘Notwithstanding section 303 or any other proved June 30, 1906 (34 Stat. 809; sec. 1– States District Court for the District of Co- provision of this Act or any other Act au- 303.43, D.C. Official Code) is amended by add- lumbia and shall be heard by a 3-judge court thorizing the Commission to prescribe rules, ing at the end the following: ‘‘Nothing in convened pursuant to section 2284 of title 28, regulations, policies, doctrines, standards, this section or any other provision of law United States Code. guidelines, or other requirements, the Com- shall authorize, or shall be construed to per- (2) A copy of the complaint shall be deliv- mission shall not have the authority to pre- mit, the Council, the Mayor, or any govern- ered promptly to the Clerk of the House of scribe any rule, regulation, policy, doctrine, mental or regulatory authority of the Dis- Representatives and the Secretary of the standard, guideline, or other requirement trict of Columbia to prohibit, constructively Senate. that has the purpose or effect of reinstating prohibit, or unduly burden the ability of per- (3) A final decision in the action shall be or repromulgating (in whole or in part)— sons not prohibited from possessing firearms reviewable only by appeal directly to the Su- ‘‘(1) the requirement that broadcasters under Federal law from acquiring, possessing preme Court of the United States. Such ap- present or ascertain opposing viewpoints on in their homes or businesses, or using for peal shall be taken by the filing of a notice issues of public importance, commonly re- sporting, self-protection or other lawful pur- of appeal within 10 days, and the filing of a ferred to as the ‘Fairness Doctrine’, as re- poses, any firearm neither prohibited by Fed- jurisdictional statement within 30 days, of pealed in In re Complaint of Syracuse Peace eral law nor subject to the National Fire- the entry of the final decision. Council against Television Station WTVH, arms Act. The District of Columbia shall not (4) It shall be the duty of the United States Syracuse New York, 2 FCC Rcd. 5043 (1987); or have authority to enact laws or regulations District Court for the District of Columbia ‘‘(2) any similar requirement that broad- that discourage or eliminate the private and the Supreme Court of the United States casters meet programming quotas or guide- ownership or use of firearms. Nothing in the to advance on the docket and to expedite to lines for issues of public importance.’’. previous two sentences shall be construed to the greatest possible extent the disposition (b) SEVERABILITY.—Notwithstanding sec- prohibit the District of Columbia from regu- of the action and appeal. tion 7(a), if any provision of section 2(a)(1), lating or prohibiting the carrying of firearms

VerDate Nov 24 2008 02:07 Feb 27, 2009 Jkt 079060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\A26FE6.035 S26FEPT1 smartinez on PROD1PC64 with SENATE February 26, 2009 CONGRESSIONAL RECORD — SENATE S2541 by a person, either concealed or openly, ‘‘(1) The applicant’s name;’’. SEC. 208. REMOVE CRIMINAL PENALTIES FOR other than at the person’s dwelling place, (5) Section 403(b) (sec. 7–2504.03(b), D.C. Of- POSSESSION OF UNREGISTERED place of business, or on other land possessed ficial Code) is amended by striking ‘‘reg- FIREARMS. by the person.’’. istration certificate’’ and inserting ‘‘dealer’s (a) IN GENERAL.—Section 706 of the Fire- SEC. 204. REPEAL D.C. SEMIAUTOMATIC BAN. license’’. arms Control Regulations Act of 1975 (sec. 7– (a) IN GENERAL.—Section 101(10) of the (6) Section 404(a)(3) (sec. 7–2504.04(a)(3)), 2507.06, D.C. Official Code) is amended— Firearms Control Regulations Act of 1975 D.C. Official Code) is amended— (1) by striking ‘‘that:’’ and all that follows (sec. 7–2501.01(10), D.C. Official Code) is (A) in subparagraph (B)(i), by striking through ‘‘(1) A’’ and inserting ‘‘that a’’; and amended to read as follows: ‘‘registration certificate number (if any) of (2) by striking paragraph (2). ‘‘(10) ‘Machine gun’ means any firearm the firearm,’’; (b) EFFECTIVE DATE.—The amendments which shoots, is designed to shoot, or may be (B) in subparagraph (B)(iv), by striking made by subsection (a) shall apply with re- readily restored to shoot automatically, ‘‘holding the registration certificate’’ and in- spect to violations occurring after the 60-day more than 1 shot without manual reloading serting ‘‘from whom it was received for re- period which begins on the date of the enact- by a single function of the trigger, and in- pair’’; ment of this Act. cludes the frame or receiver of any such (C) in subparagraph (C)(i), by striking ‘‘and SEC. 209. REMOVE CRIMINAL PENALTIES FOR weapon, any part designed and intended sole- registration certificate number (if any) of CARRYING A FIREARM IN ONE’S ly and exclusively, or combination of parts the firearm’’; DWELLING OR OTHER PREMISES. designed and intended, for use in converting (D) in subparagraph (C)(ii), by striking (a) IN GENERAL.—Section 4(a) of the Act of a weapon into a machine gun, and any com- ‘‘registration certificate number or’’; and July 8, 1932 (47 Stat. 651; sec. 22–4504(a), D.C. bination of parts from which a machine gun (E) by striking subparagraphs (D) and (E). Official Code) is amended— can be assembled if such parts are in the pos- (7) Section 406(c) (sec. 7–2504.06(c), D.C. Of- (1) in the matter before paragraph (1), by session or under the control of a person.’’. ficial Code) is amended to read as follows: striking ‘‘a pistol,’’ and inserting the fol- (b) CONFORMING AMENDMENT TO PROVISIONS ‘‘(c) Within 45 days of a decision becoming lowing: ‘‘except in his dwelling house or SETTING FORTH CRIMINAL PENALTIES.—Sec- effective which is unfavorable to a licensee place of business or on other land possessed tion 1(c) of the Act of July 8, 1932 (47 Stat. or to an applicant for a dealer’s license, the by that person, whether loaded or unloaded, 651; sec. 22–4501(c), D.C. Official Code) is licensee or application shall— a firearm,’’; and amended to read as follows: ‘‘(1) lawfully remove from the District all (2) by striking ‘‘except that:’’ and all that ‘‘(c) ‘Machine gun’, as used in this Act, has destructive devices in his inventory, or follows through ‘‘(2) If the violation’’ and in- the meaning given such term in section peaceably surrender to the Chief all destruc- serting ‘‘except that if the violation’’. 101(10) of the Firearms Control Regulations tive devices in his inventory in the manner Act of 1975.’’. (b) CONFORMING AMENDMENT.—Section 5 of provided in section 705; and such Act (47 Stat. 651; sec. 22–4505, D.C. Offi- SEC. 205. REPEAL REGISTRATION REQUIREMENT. ‘‘(2) lawfully dispose, to himself or to an- cial Code) is amended— (a) REPEAL OF REQUIREMENT.— other, any firearms and ammunition in his (1) by striking ‘‘pistol’’ each place it ap- (1) IN GENERAL.—Section 201(a) of the Fire- inventory.’’. pears and inserting ‘‘firearm’’; and arms Control Regulations Act of 1975 (sec. 7– (8) Section 407(b) (sec. 7–2504.07(b), D.C. Of- 2502.01(a), D.C. Official Code) is amended by (2) by striking ‘‘pistols’’ each place it ap- ficial Code) is amended by striking ‘‘would pears and inserting ‘‘firearms’’. striking ‘‘any firearm, unless’’ and all that not be eligible’’ and all that follows and in- follows through paragraph (3) and inserting SEC. 210. AUTHORIZING PURCHASES OF FIRE- serting ‘‘is prohibited from possessing or re- ARMS BY DISTRICT RESIDENTS. the following: ‘‘any firearm described in sub- ceiving a firearm under Federal or District section (c).’’. Section 922 of title 18, United States Code, law.’’. is amended in paragraph (b)(3) by inserting (2) DESCRIPTION OF FIREARMS REMAINING IL- (9) Section 502 (sec. 7–2505.02, D.C. Official LEGAL.—Section 201 of such Act (sec. 7– after ‘‘other than a State in which the li- Code) is amended— censee’s place of business is located’’ the fol- 2502.01, D.C. Official Code) is amended by (A) by amending subsection (a) to read as adding at the end the following new sub- lowing: ‘‘, or to the sale or delivery of a follows: handgun to a resident of the District of Co- section: ‘‘(a) Any person or organization not pro- ‘‘(c) A firearm described in this subsection lumbia by a licensee whose place of business hibited from possessing or receiving a fire- is any of the following: is located in Maryland or Virginia,’’. arm under Federal or District law may sell ‘‘(1) A sawed-off shotgun. or otherwise transfer ammunition or any SEC. 211. REPEALS OF DISTRICT OF COLUMBIA ‘‘(2) A machine gun. firearm, except those which are prohibited ACTS. ‘‘(3) A short-barreled rifle.’’. under section 201, to a licensed dealer.’’; The Firearms Registration Amendment (3) CONFORMING AMENDMENT.—The heading (B) by amending subsection (c) to read as Act of 2008 and the Firearms Registration of section 201 of such Act (sec. 7–2502.01, D.C. follows: Emergency Amendment Act of 2008, as Official Code) is amended by striking ‘‘Reg- ‘‘(c) Any licensed dealer may sell or other- passed by the District of Columbia, are re- istration requirements’’ and inserting ‘‘Fire- wise transfer a firearm to any person or or- pealed. arm Possession’’. ganization not otherwise prohibited from SEC. 212. SEVERABILITY. (b) CONFORMING AMENDMENTS TO FIREARMS CONTROL REGULATIONS ACT.—The Firearms possessing or receiving such firearm under Notwithstanding any other provision of Control Regulations Act of 1975 is amended Federal or District law.’’; this Act, if any provision of this Act, or any as follows: (C) in subsection (d), by striking para- amendment made by this Act, or the applica- (1) Sections 202 through 211 (secs. 7–2502.02 graphs (2) and (3); and tion of such provision or amendment to any through 7–2502.11, D.C. Official Code) are re- (D) by striking subsection (e). person or circumstance is held to be uncon- pealed. (10) Section 704 (sec. 7–2507.04, D.C. Official stitutional, this title and amendments made (2) Section 101 (sec. 7–2501.01, D.C. Official Code) is amended— by this title, and the application of such pro- Code) is amended by striking paragraph (13). (A) in subsection (a), by striking ‘‘any reg- vision or amendment to other persons or cir- (3) Section 401 (sec. 7–2504.01, D.C. Official istration certificate or’’ and inserting ‘‘a’’; cumstances shall not be affected thereby. and Code) is amended— Mr. LIEBERMAN. Madam President, (A) in subsection (a), by striking ‘‘the Dis- (B) in subsection (b), by striking ‘‘registration certificate,’’. I move to reconsider the vote, and I trict;’’ and all that follows and inserting the move to lay that motion on the table. following: ‘‘the District, except that a person (c) OTHER CONFORMING AMENDMENTS.—Sec- may engage in hand loading, reloading, or tion 2(4) of the Illegal Firearm Sale and Dis- The motion to lay on the table was custom loading of ammunition for firearms tribution Strict Liability Act of 1992 (sec. 7– agreed to. lawfully possessed under this Act.’’; and 2531.01(4), D.C. Official Code) is amended— Mr. LIEBERMAN. Madam President, (B) in subsection (b), by striking ‘‘which (1) in subparagraph (A), by striking ‘‘or ig- I rise today to thank my colleagues for are unregisterable under section 202’’ and in- noring proof of the purchaser’s residence in the District of Columbia’’; and voting to pass the historic District of serting ‘‘which are prohibited under section Columbia House Voting Rights Act of 201’’. (2) in subparagraph (B), by striking ‘‘reg- (4) Section 402 (sec. 7–2504.02, D.C. Official istration and’’. 2009 and giving the citizens who live in Code) is amended— SEC. 206. REPEAL HANDGUN AMMUNITION BAN. the capital of the free world the right (A) in subsection (a), by striking ‘‘Any per- Section 601(3) of the Firearms Control Reg- to exercise that most basic of free- son eligible to register a firearm’’ and all ulations Act of 1975 (sec. 7–2506.01(3), D.C. Of- doms—the right to choose who governs that follows through ‘‘such business,’’ and ficial Code) is amended by striking ‘‘is the them. inserting the following: ‘‘Any person not holder of the valid registration certificate Passage of this act is another step on otherwise prohibited from possessing or re- for’’ and inserting ‘‘owns’’. our long march to make our democracy ceiving a firearm under Federal or District SEC. 207. RESTORE RIGHT OF SELF DEFENSE IN ever more inclusive. law, or from being licensed under section 923 THE HOME. of title 18, United States Code,’’; and Section 702 of the Firearms Control Regu- Thomas Jefferson once wrote: (B) in subsection (b), by amending para- lations Act of 1975 (sec. 7–2507.02, D.C. Offi- It is by their votes the people exercise graph (1) to read as follows: cial Code) is repealed. their sovereignty.

VerDate Nov 24 2008 02:07 Feb 27, 2009 Jkt 079060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\A26FE6.035 S26FEPT1 smartinez on PROD1PC64 with SENATE S2542 CONGRESSIONAL RECORD — SENATE February 26, 2009 But when Jefferson wrote those lem. In 1978, importing nonhuman pri- than the Humane Society. Nobody words only a small pool of white land- mates to the U.S. for pet trade was loves pets more, but they know what owners got to choose who governed banned by the CDC in regulations. But can happen. A woman got her face them. now you can still trade these primates ripped off. Since then, through acts of state leg- in the pet trade and sell them for use So I am not going to go into the de- islatures, the Congress and the courts as pets. We say it is time to end that. tails of the attack at this time, but if the right to vote has been extended to I know Senator COBURN is going to I have to I will to get the votes of col- men over 21—regardless of property object to our moving this bill which leagues. ownership—to newly freed black men was passed by the House quickly and in I ask unanimous consent that the who, along with their families, had pre- a bipartisan way with just a handful of Senate proceed to the immediate con- viously counted as just three fifths of a ‘‘no’’ votes. Can’t we come together on sideration of H.R. 80, the Captive Pri- person, and then to women and to 18 this? The fact is, our bill says we are mate Safety Act, which was received year olds. going to ban pet trading of these from the House; and, further, that the And after extending those rights we nonhuman primates, and we are going bill be read the third time and passed further decided that each of these votes to get this done one way or another. and the motion to reconsider be laid should count equally—‘‘one man, one We will not get it done today because upon the table, with no intervening ac- vote,’’ and that no one legally entitled Senator COBURN will object for his rea- tion or debate. to vote could be denied the franchise sons. I believe it is important to state The PRESIDING OFFICER. Is there by a poll tax or voting test. that our bill—and this is a Boxer- objection? The Senator from Oklahoma The men and women of the District— Vitter bill—has no impact on trade or is recognized. Mr. COBURN. Reserving the right to a city of nearly 600,000—fight in our transportation of animals for zoos or object, and I do, I ask unanimous con- wars and pay Federal taxes; yet, they scientific research facilities or other sent to be recognized for 5 minutes to have no say on issues of war and peace federally licensed and regulated enti- make comments regarding what has or how their money is spent. ties. All we are saying is that it is dan- just been said. Perhaps the ultimate slight of deny- gerous to keep as a pet a nonhuman ing the right to vote to District resi- Mrs. BOXER. Madam President, I ask primate. We saw this in Connecticut, unanimous consent to have 5 minutes dents was that if an American were to but that was not the only time. There move abroad, their right to vote in following my friend from Oklahoma, have been many examples. When we get and then I ask unanimous consent that their home State was guaranteed, re- this done, we will list those. We have Senator SANDERS have 15 minutes on gardless of how long they remained out been trying to get this passed for a of the country. The only way they his subject. long time. Senator COBURN objected. The PRESIDING OFFICER. Objec- could lose that right was if they were We will get around it at some point in to either renounce their citizenship or tion is heard to proceeding to the time. measure. return to the United States and live in Primates can harbor many infectious Washington, DC. Is there objection? Without objec- diseases that can readily jump from tion, it is so ordered. Today we fixed this situation and we species to humans. As a result, the can all be proud of our work. Mr. COBURN. Madam President, on CDC, back in 1975, said: No, no impor- February 16, 2009, a pet non-human pri- I want to thank Senator REID for tation of those nonhuman primates un- bringing this to the floor and thank his mate, NHP, attacked Ms. Nash, a less it is for medical reasons or a zoo or friend of the pet’s owner—almost kill- outstanding floor staff—as well as to a Federal body that is going to over- other Democratic and Republican Sen- ing her. My thoughts and prayers are see it. Listen to how many people have with Ms. Nash and I am sure I join all ate staffers—for their hard work. been injured. More than 150 people. And finally, I would like to take a of my colleagues in wishing her a How about children? Do you care about moment to thank Michael Alexander, speedy and full recovery. children? Forty children were injured Kevin Landy, Holly Idelson Deborah This unfortunate event has rushed by these nonhuman primates between Parkinson, Leslie Phillips, Scott consideration of the Captive Primate 1995 and 2009. Nineteen States, includ- Campbell, David Rosenbaum and the Safety Act, H.R. 80. H.R. 80 would ing my own, have prohibited these ani- rest of the staff of the Homeland Secu- make it illegal to import, export, mals as pets. Fourteen States restrict rity and Governmental Affairs Com- transport, sell, receive, acquire, or pur- or partially ban their use as pets be- mittee staff for their hard work in chase non-human primates, such as cause many of these animals move in bringing this bill successfully to the monkeys and apes, by amending the interstate commerce. over 100-year old Lacey Act to include floor of the Senate. Federal legislation is needed. You I am proud to share this historic mo- ‘‘any nonhuman primate.’’ would think this is a no-brainer—you ment with them. H.R. 80 does not affect laboratory I yield the floor. would think. Who supports this legisla- animals, zoos, and some veterinarian The PRESIDING OFFICER. The Sen- tion? Well, the House of Representa- cases. ator from California is recognized. tives just passed it overwhelmingly on This bill does not address a national suspension of the rules. It wasn’t even f priority and should not be considered a problem over there. The Humane So- by Congress. CAPTIVE PRIMATE SAFETY ACT ciety of the United States supports it. Last Congress, I held the similar Sen- Mrs. BOXER. Madam President, I The American Veterinary Medical As- ate version of the Captive Primate rise to speak about a terrible thing sociation supports it. The Association Safety Act, S. 1498, because of concerns that happened in his home State. I am of Zoos and Aquariums supports it. The with its fiscal impact and because I did going to be asking unanimous consent Jane Goodall Institute supports it. The not believe it was appropriate for the at the appropriate time to move a bill, Wildlife Conservation Society supports Federal Government to be regulating H.R. 80, the Captive Primate Safety it. That is a very small portion. I can- pets. Act. I will preface it first by saying to not believe I actually had to come out Today the Senate is trying to pass my friend, Senator LIEBERMAN, that in here today. the similar House version that still his State there was a horrific attack. With all due respect to my friend, he seeks to increase Federal regulation of Mr. LIEBERMAN. In my hometown. will have his reasons, but, honestly, I pets in a fiscally irresponsible manner Mrs. BOXER. Yes. It was an attack hoped that once in a while we could without amendments or debate. by a nonhuman primate—a chimpanzee work together on a bill that is so obvi- Supporters of this bill hope that in this case—that was a household pet, ous in its need. somehow creating a new Federal law to against a woman. Without going into We know these nonhuman primates prohibit transporting pet primates the terrible details, I think the whole have not been bred and domesticated across State lines, on top of the Fed- country was shocked at what occurred over thousands of years like dogs or eral laws and regulations that already there. cats. It is a whole different world make it illegal to import them and the Many of us have been saying for a there. That is why the veterinarians dozens of State laws that outlaw own- long time that we need to fix this prob- support us. Nobody loves pets more ing non-human primates as pets, and

VerDate Nov 24 2008 03:04 Feb 27, 2009 Jkt 079060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\A26FE6.041 S26FEPT1 smartinez on PROD1PC64 with SENATE February 26, 2009 CONGRESSIONAL RECORD — SENATE S2543 giving the Fish and Wildlife Service $5 ments to offset the cost of this bill or life responsibilities and prohibitions. If million to hire extra ‘‘law enforce- perhaps cut back on other areas within preventing human injuries caused by ment’’ staff to pursue chimps will the Fish and Wildlife’s jurisdiction to pets was a national priority, why make Americans safer. pay for these new responsibilities. aren’t Senators and special interest Supporters of this measure are using Fourteen Monkey bites a year do not groups pushing to outlaw the private the tragedy that occurred this month justify annual appropriations of $4 Mil- ownership of dogs? to ram this bill through Congress with lion. Passing the Captive Safety Act last no debate. This attack occurred in Con- While the Humane Society of the Congress would not have prevented the necticut, where a State law already ex- United States said in a February 2009 recent attack. isted that outlawed the possession of press release that the Captive Primates Tragically, a 200-pound, 15-year-old NHP’s weighing more than 50 pounds Safety Act is an ‘‘urgently needed pub- chimpanzee named Travis—who was without a permit. The NHP weighed 200 lic safety and animal welfare meas- raised by the same owners since he was pounds and should have not been al- ure,’’ other Americans may feel dif- an infant—brutally attacked one of his lowed under state law to live with its ferently about prioritizing this issue owner’s friends, Charla Nash, outside owner as a pet, but passing the Captive above more pressing national issues. his house in Stamford, CT, in February Primate Safety Act last year would not The group justifies prioritizing H.R. 2009. The chimp, for still unknown rea- have prevented this tragedy and is not 80 with American taxpayer resources sons, attacked Ms. Nash, severely dam- a national priority. because of recent captive primate inci- aging her face and hands, according to The bill authorizes $5 million in fis- dents. An analysis of its list of ‘‘recent news reports. She is in critical but sta- cal year 2010 to hire additional United incidents involving captive primates’’ ble condition. Travis died after being States Fish and Wildlife Service law finds: stabbed by his owner and being shot by enforcement personnel to enforce the In 2008, 11 monkeys were reported as a police officer after he charged the of- new monkey provisions and CBO says being involved in biting 14 people. One ficer. the bill will cost taxpayers $17 million of the monkeys was in a university lab- Following the recent chimp attack, over 5 years. To enact such legislation oratory and another was in a wildlife the Humane Society has argued that if without any offsets and therefore sim- sanctuary. Both of these types of mon- I had not held last year’s bill, S. 1498, ply add to our national debt is ex- keys are exempted and therefore would Ms. Nash would not have been at- tremely imprudent at this time in our not be affected by the Captive Pri- tacked. This statement, however, is in- nation. mates Safety Act. correct, because this bill would have There still have been no hearings and In 2008, there were 39 non-human pri- only have removed Travis from his therefore no official statement or testi- mates involved in 21 incidents, but 28 owner if the NHP crossed State lines. mony available from the U.S. Fish and of the 39 monkeys involved in the re- Additionally, since 2004 under Con- Wildlife Service as to whether or not ported incidents were not noted as hav- necticut State law it has been illegal this law is necessary and/or enforceable ing harmed humans. to own an NHP weighing more than 50 within the agency’s current resources. Similarly, last Congress, the Humane pounds if the animal is not registered. There is even a more basic question Society and the Senate EPW com- Yet, State officials did not even require of whether or not a Federal wildlife mittee justified the creation of a new Travis—a 200 pound NHP—to be reg- agency should be regulating interstate Federal law by citing 132 reported inci- istered, even though he was well pet transportation at all. dents of human injury from captive or known. It appears Travis lived in This law may be duplicative, unnec- escaped captive primates over a 10-year Stamford, CT, for most of his life. His essary, and ineffective. period—which still averages out to attack took place in front of his home. This matter of pet ownership may be only 13 a year. With the possible exception of an ap- more appropriately and effectively In contrast, 4.7 million Americans pearance on the Maury Povich show, handled by local and State govern- are bitten by dogs each year, according which may or may not have been ments and agencies. to the Centers for Disease Control and filmed in the New York City studio, The UC does not allow an oppor- Prevention. nothing indicates that Travis was tunity to amend this bill to address Taking both the Humane Society and crossing state lines on a regular basis, cost concerns. the CBO score together, the bill before nor did his unprovoked attack have This Bill spends money we don’t have us today, essentially calls for the Fed- any interstate aspect to it. The fact on something that is unnecessary. eral Government to spend the equiva- that he might have been born in an- CBO estimated last Congress that lent of over $444,000 per year to take other State 15 years ago, would not both the House and the Senate versions nine biting monkeys out of their pri- have affected Travis’s private owner- of the Captive Safety Act and last vate owners’ hands. Using another ship 2 weeks ago if this bill had been Congress’s Senate bill, would cost $17 measurement, the FWS would spend signed into law last year. million over 5 years. H.R. 80 is almost the equivalent of over $285,000 per What if Travis or his siblings grew up identical to last Congress’s House bill. bite—$4 million divided by 14 people in the same State where they were According to CBO, the cost of hiring who were bitten by monkeys in 2008—if born? The bill does nothing to address four additional U.S. Fish and Wildlife this bill passed. this situation; they have to cross State Service, FWS, employees to conduct Yet even these cost estimates may be lines to fall under Federal jurisdiction. inspections and investigations and understated because it is possible that Why is a chimp native to and living in storing, transporting and boarding con- none of the nine offending monkeys Missouri ok, but one moving to Con- fiscated NHP’s totals $17 million over 5 will ever cross State lines. In that case, necticut, for example should suddenly years. unless State or local laws and officials become the business of the Federal The costs may in fact be even higher. caused their removal, these pets would Government? It is very unlikely that According to one chimp sanctuary the remain with their owners. Travis’ trip 15 years ago across a few annual cost to house two chimpanzees While not seeking to diminish the State lines led to his attack in Feb- can exceed $35,000 a year. According to physical or psychological effects of any ruary. This is yet another reason why the Humane Society of the United monkey bites or attacks, taxpayers this bill is a misplaced priority and States and various Members of Con- have a right to question if such a small misguided effort. gress, there are an estimated 15,000 number of incidents justify the large If people are saying all chimps are non-human primates in private hands. cost to the Federal Government of tak- dangerous and are against private own- If the FWS were to try and confiscate ing on additional animal control re- ership of nonhuman primates, why and then house all 15,000 chimps, that sponsibilities. doesn’t this bill simply make it a Fed- could add up to a total cost of $262.5 In contrast, though some of the 4.7 eral crime to own them and take away million a year for the federal tax- million Americans bitten by dogs each the estimated 15,000 animals in private payers, or $1.3 billion over 5 years. year die as a result of these bites, Con- hands? Instead, to justify questionable The unanimous consent agreement gress is not adding interstate dog Federal involvement, Congress is using would not allow anyone to offer amend- transport to the lists of Federal wild- the interstate commerce clause even

VerDate Nov 24 2008 03:04 Feb 27, 2009 Jkt 079060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\A26FE6.043 S26FEPT1 smartinez on PROD1PC64 with SENATE S2544 CONGRESSIONAL RECORD — SENATE February 26, 2009 though this approach is both inappro- tion, they will likely be there forever, going to accomplish the very purpose. priate and ineffective. not just for the 5 years authorized in We are still going to have nonhuman In a recent Boston Herald article this bill. primate bites if we do not have some April Truitt, director of the Primate This bill would not have stopped the way to ultimately end this type of pet Rescue Center in Kentucky, had the attack on Ms. Nash. My objection does selection. following to say regarding H.R. 80: not question the seriousness of her at- I reach out to my colleague. I am ‘‘It’s better than nothing, which is what tack but lies in moving an inappro- sorry I had to object. I will gladly work approximately 30 states have right now,’’ she priate, ineffective, and irresponsible with her in the future to come to some said. But if the bill becomes law, it will af- bill in the midst of a time of real need accommodation. fect few dealers in exotic animals. in our country for strong leadership. I yield the floor. ‘‘Dealers are not one bit concerned about The PRESIDING OFFICER. The Sen- this,’’ Truitt said. ‘‘They know that they Congress cannot afford to continue to still can continue to do what they were misprioritize scarce resources and ator from California. doing. Most dealers are USDA licensed, and must focus on truly national prior- Mrs. BOXER. Madam President, the USDA licensing has been and is used by ities—not on monkey bites and inap- while my friend was speaking, I went private owners rampantly to circumvent propriate special-interest legislation. back to my staff because this is not the state and local legislation.’’ Madam President, not once have I first time we have had a problem on it. Others, such as Sian Evans, the di- had a call from my colleague asking: We had it in the big Coburn package of rector of the DuMond Conservancy for Will you work with me on this issue? bills, and I remember my friend at that Primates and Tropical Forests, con- Will you protect people as a result of time made it the centerpiece of his ob- tend that in general, NHPs do not this issue? Will you help us pass this? jection. My staff has talked with his carry disease and should not be consid- What it has been is: Take it or leave it. staff over and over again. The Repub- ered a threat to the safety of others. I note for the record that 90 Members lican staff on my committee, from While the recent attack is tragic, in the House voted against the bill. It where this bill came, has talked to the this bill is not an appropriate or re- was not a smattering few. A fourth of Senator over and over again. sponsible use of taxpayer funds and the House did not agree with this legis- I am happy to sit down with my Congressional resources. lation. friend. Maybe we can work this out. Federal law already exists banning I have never been asked: Would you But here is the point. My friend says non-human primate imports. care if we eliminated the ownership of that what happened to this woman is It has also already been illegal for these pets? I don’t have any problem unfortunate. No, what happened to this the past 30 years to import non-human with that, but I have never been asked woman is a tragedy. primates, such as monkeys, for pets. that. That has never been offered. We do not go in and take away pets According to the Centers for Disease The question in the case that brings from anybody, if you read this bill. If Control and Prevention: ‘‘Since 1975, this back up is Connecticut has a law you have a pet, you have a pet as long the Federal Quarantine Regulations, and the law says you can hold and reg- as you are living within the laws of (42CFR71.53), have restricted the im- ister a nonhuman primate if it weighs your State. We ban the interstate trade portation of NHP . . . Importation of under 50 pounds. What happened in because that is how this thing is mov- NHP for use as pets is not permitted Connecticut is they violated their own ing forward. People get these pets, and under any circumstances.’’ law. They had a restriction on it. they sell them across State lines. That The Humane Society of the United I am not opposed to commonsense is how we ban a lot of bad in this coun- States previously acknowledged, ‘‘Most eliminating the risk from nonhuman try. It is the way we have done it for a states regulate keeping primates as primates, but I have never been ap- long time. pets, and the trend is for states to pro- proached in how I would work with I just want to say to my friend, I hibit the practice altogether.’’ Yet the that to try to accomplish what the didn’t know this rose to the level group also claims, ‘‘federal legislation Senator from California would like to where he and I should speak. I am de- is needed to complement state laws’’ accomplish and still meet the needs of lighted to sit down and talk with him. because ‘‘many of these animals move individual Americans and their civil But the fact is, our staffs have been in interstate commerce.’’ liberties. working with his staff for a very long In conclusion, Congress recently jus- The second point I note, if we are time on this issue. Senator VITTER’s tified swift passage of a massive spend- going to do this, look, there were 4.6 staff and Senator INHOFE’s staff have ing bill that increases the national million dog bites last year that caused been working with the Senator’s staff debt by more than $1 trillion to more hundreds of thousands of serious inju- to try to get a breakthrough. than $10 billion in the midst of a strug- ries. Are we going to stop the inter- I hope the two of us can sit down, and gling national economy. In January, state transport of dogs that caused maybe without our staffs—maybe the the national unemployment rate was thousands and thousands more inju- problem is our staffs. I have a great 7.6 percent—the highest it has been in ries, some even deaths, to individuals? staff. I am sure Senator COBURN does more than 15 years. In December, na- Nobody is proposing that. too. But maybe there is something that tional home prices plunged at the fast- What I ask my colleague is reach out. got in the way of their being able to re- est pace on record, leading to pre- I would gladly work with Senator solve it. But I think he and I should sit dictions of 6 million foreclosures over BOXER in a way so we eliminate any fu- down, and I will try to see if I can the next four years. Consumer con- ture ownership of these types of ani- move this again, maybe with some fidence levels have dropped to a new mals in a way that does not violate kind of way we can fix it that doesn’t low of 25 in February from 37.4 a month those who presently have them and en- give the Senator heartburn. earlier as people worry about losing courages the States to enforce their Honest to God, I say to my friend, we their jobs, earning less, and deterio- laws that they have today and enforce have made sure nobody is going to be rating prospects. them in the future. invaded by a police force and lose their Yet the Humane Society and certain We can start at a time certain tomor- pet. That is not in here. Only if you try Members of Congress are seeking to row and say: You can’t have new own- to move it across State lines, you make this pet regulation bill a na- ership of any nonhuman primate. That wouldn’t be allowed to sell your pet so tional priority and are pushing to have stops all interstate commerce. That that pet can injure somebody. Nobody it enacted quickly. How is potentially stops it completely. But our problem is is taking away anybody’s pets. Nobody preventing a few monkey bites a bigger we have about 30 States that have regis stopping the zoos from getting these national priority than trying to ad- ulations in regard to this issue. pets. Nobody is stopping research fa- dress the weakening economy and col- The incident that happened in Con- cilities from getting these pets. That is lapsing consumer and business environ- necticut is very unfortunate, I agree. why we have such strong support for ment? But what happened was you had the this legislation. These ‘‘little’’ bills add up and once law broken. So instead of enforcing a I am not a person who says my way privately owned monkeys are added to law that is on the books, we are going or the highway, believe me. I have been the Department of Interior’s jurisdic- to create another new law, and it is not here too long. I have gotten too many

VerDate Nov 24 2008 02:07 Feb 27, 2009 Jkt 079060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\A26FE6.045 S26FEPT1 smartinez on PROD1PC64 with SENATE February 26, 2009 CONGRESSIONAL RECORD — SENATE S2545 bills passed. I will sit down with my teers are exposed to a diverse array of We offer our hardy congratulations friend. He is right that 90-some people cultures and languages during their to all members, current and past, asso- on the other side voted no, but 300- time abroad. Approximately 22 percent ciated with the Peace Corps on its 48th some people voted aye. So we must of the Peace Corps volunteers are cur- anniversary. We thank you for improv- have done something right here when rently working in 16 predominantly ing the lives of so many and for helping we got over 300 votes in a body that has Muslim countries. It is in these coun- America be a good neighbor to those in a hard time getting bipartisanship. tries, in particular, where I believe the need. Your country is grateful for your I say what we did right is we have a efforts of the volunteers are positively service. Your country is grateful for balanced bill. We allow these pets to be shaping and improving the much belea- the good will and the seeds of peace used for that which helps humanity, guered and much misunderstood image you have sown or are sowing. Your but we will, in effect, stop the inter- of America within the Muslim world. country is grateful for your contribu- state trade, the profitable pet trade But there is still much work to be tions to the safety and long-term secu- which is leading us into a situation done. I urge my colleagues to join me rity of our Nation. Your efforts and the where we have seen so many injuries of in supporting an expansion of the efforts of other volunteers are needed children—40 children, about 100 adults Peace Corps and all of our Nation’s now more than ever. I will continue to injured between 1995 and 2009. smart power assets. work in supporting your important I am encouraged that my friend Smart power initiatives build upon missions and expanding your ranks. wants to work with me. I am going to our successful defense efforts and add I can’t stress enough the importance go right over there as soon as I finish economic and educational efforts, dip- of our Smart Power initiatives and the these remarks and figure out a way we lomatic efforts, including educational importance of investing in efforts such can work on this issue because we do exchanges, free trade, public diplo- as the Peace Corps. I am very glad to not want to wake up another day and macy, fostering private sector invest- see the Obama administration, particu- read about somebody having an injury ments, agricultural development, hu- larly Secretary of State Clinton, our that is so horrific and horrible that manitarian assistance, and English former colleague, giving these initia- they will never have a normal life when language teaching, just to name a few. tives an important public boost. And it is in our power to do what is right All of these smart power initiatives more important, I would say to young here and move forward. contribute not only to a better life for people and old—the young people who I will not renew my request, but I so many in need, but they also help work with us here and any who may be will another day at a date, hopefully, create conditions for a more stable and listening in—that this is a wonderful when I have the support of my friend. peaceful world. opportunity to make a significant con- I yield the floor. America and the developing world tribution to other countries, to the The PRESIDING OFFICER. The Sen- will benefit together from a greater in- cause of peace in the world, and to pro- ator from Vermont. vestment in these initiatives and in vide yourself with an education you (The remarks of Mr. SANDERS are lo- particular in a revitalized and enlarged cannot get in any institution. cated in today’s RECORD under ‘‘State- Peace Corps. I look forward to partnering with the ments on Introduced Bills and Joint Over the past few years, the Peace new administration and will work with Resolutions.’’ Corps has received numerous inquiries those and others in Congress to lead Mr. SANDERS. I suggest the absence about entering or reentering the coun- the effort to make Smart Power initia- of a quorum. tries where volunteers once served. I tives a cornerstone in our foreign pol- The PRESIDING OFFICER. The made similar inquiries, particularly icy and in our efforts to combat extre- clerk will call the roll. with respect to friendly Muslim coun- mism and terrorism around the world. The assistant legislative clerk pro- tries in Southeast Asia, such as Indo- f ceeded to call the roll. nesia. Engaging moderate mainstream PRESIDENT OBAMA’S FIRST Mr. SANDERS. Mr. President, I ask countries such as Indonesia with our BUDGET unanimous consent that the order for Nation’s smart power initiatives will the quorum call be rescinded. enhance the conditions for lasting Mr. GRASSLEY. Mr. President, The PRESIDING OFFICER. Without peace and stability. today our President sent his budget to objection, it is so ordered. Or as I like to say, putting more san- the Hill. On Tuesday night, in a joint f dals and sneakers on the ground will address, our new President, with his prevent us from having to put more usual eloquence, sketched out his fiscal MORNING BUSINESS boots and bayonets on the ground in policy goals. Mr. SANDERS. Mr. President, I ask the future. First off, as ranking Republican on unanimous consent that the Senate The work undertaken by Peace Corps the Finance Committee—and I am a proceed to a period of morning busi- volunteers serves as a fine example of senior Budget Committee member—I ness, with Senators permitted to speak the United States reaching out to for- wish to point out that Republicans for up to 10 minutes each. eign neighbors to foster a greater un- were happy to hear the President make The PRESIDING OFFICER. Without derstanding and dialog. The willingness deficit reduction a very high priority. objection, it is so ordered. of Peace Corps volunteers to engage If I heard correctly, the loudest bipar- f people at the local, community level is tisan applause, in terms of responses to exactly how we ought to be providing the President’s policy proposals, greet- NATIONAL PEACE CORPS WEEK effective and sustainable development ed that policy point. We Republicans Mr. BOND. Mr. President, I come to assistance. want deficit reduction on our future the floor today to recognize an organi- We need to get back out among the fiscal path. As we come out of the re- zation that serves on the frontline of very people we are trying to help, cession—hopefully sooner rather than our Nation’s most important inter- which is why I also believe we need later—we need to get the deficit down. national and humanitarian efforts—the more USAID Foreign Service officers While we Republicans agree with the U.S. Peace Corps. This week, the Peace as well. Providing practical, hands-on President on that goal, we disagree on Corps celebrates its 48th anniversary, assistance that is based on listening to the degree to which the Democratic and this is National Peace Corps Week. the needs of the local population is a leadership has dramatically expanded Since the early 1960s, more than recipe for sustainable and lasting de- the deficit and added to the debt. A 195,000 Peace Corps volunteers have fos- velopment. I believe that by having couple of weeks ago, Republicans and tered positive relationships between these kinds of contacts, we can do a Democrats disagreed on what is re- the United States and nations across great deal to improve the conditions of ferred to as a stimulus bill. In both the globe through its grassroots ef- the countries themselves as well as the bodies, only three Republican Members forts. people in them. The stronger, more sta- supported that conference report. We At present, 7,500 or more Peace Corps ble these countries are, the better our parted ways on the stimulus bill for volunteers are active in over 75 coun- relations are in the world and the more many reasons. Most on our side dis- tries around the world. These volun- we foster world peace. agreed that we should put $1 trillion of

VerDate Nov 24 2008 03:04 Feb 27, 2009 Jkt 079060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\G26FE6.059 S26FEPT1 smartinez on PROD1PC64 with SENATE S2546 CONGRESSIONAL RECORD — SENATE February 26, 2009 taxpayers’ money into an effort to ership in the House and Senate could Series in 2009. But, no, the President grow the economy by priming the Gov- pledge to keep temporary spending wasn’t making a sports prediction; ernment pump. We also would have temporary—basically, the money spent President Obama was noting that he shut off that spending spree once the in 2009 and 2010 is the end of it. If the had inherited a record deficit. Not recovery occurred, as opposed to half of Democratic leaders pledge to support many on our side find much to cheer the spending money in that bill being leaving the bill as written and would about a record deficit, and I doubt that spent in years beyond 2010—supposedly not push to extend the new entitle- many taxpayers find much to cheer in the end of the stimulus effort to the ments and new appropriations spend- it either. That is why you didn’t see economy. ing, then we could go back to the fig- much applause from the Republican But what disturbed most of us on this ure many in the press are reporting on side of the aisle Tuesday night as the side was the hidden fiscal burden built the cost of the bill. If the Democratic President was speaking to us. Big defi- into the bill—in other words, that pe- leadership makes a pledge to keep tem- cits aren’t anything to applaud about. riod of time of spending beyond 2010. porary spending really temporary—in I was scratching my head on that one. Although advocated as a $787 billion other words, for the 2 years of jump- Maybe the Democratic leadership for- bill, the real cost—the real cost—is starting the economy—we on this side got they were running the show here much higher. Unfortunately, many in would agree that the bill does not cost the last Congress. Maybe they looked the media accepted the $787 billion this $3.3 trillion. Otherwise, as Mem- at some polling data and inferred from score on its face. By contrast, most in bers of the loyal opposition—with em- that polling data that voters didn’t re- the media looked much deeper when phasis on ‘‘loyal’’—it is our duty to let alize Democrats ran the Congress in the bipartisan tax relief bill of 2001 to the taxpayers know the true cost of the the last couple of years and were au- 2006 was scored. Of course, I remember stimulus bill. thors of the budgets for that period and that because during that period of Unfortunately, stuffing all of that last year’s stimulus and the TARP time, or most of it, I was chairman of understated new spending into the deal. Maybe they figured that the the Finance Committee and involved in stimulus bill will make it harder for President was taking a sharp and effec- that tax relief. So they looked very Democrats as well as Republicans to tive political shot, but you must be deeply into what we did in tax relief, reach the bipartisan goal of fiscal dis- careful because history says otherwise. and in a bipartisan way, but they seem cipline, and I have another chart which The TARP legislation was cut by not to be as concerned about the im- shows how hard it will be. Democratic congressional leaders, ably pact on the deficit of that $787 billion This chart shows the trendline from led by Chairman BARNEY FRANK in the score that is in the stimulus bill. So I President Clinton’s era through George House and our able chairman from Con- would encourage the punditry and W. Bush’s era and for the current fiscal necticut, CHRIS DODD in the Senate. In other opinion makers to apply the year of the deficit as a percentage of the key negotiations on one fateful fall same tough fiscal standards to the hid- gross national product. As this chart Saturday night, there was only one Re- den spending in the stimulus bill as shows, President Clinton’s era saw defi- publican Senator in the room. There they applied to the tax relief packages cits decline in the early years. Once were at least four Democratic Senators in an earlier part of this decade. Republicans won control of the Con- in the room. I find it curious that Soon, I am going to have some charts gress and entered the scene, making Democrats lustily cheered when Presi- that will demonstrate this difference fiscal discipline a priority, the deficits dent Obama, Tuesday night, rightly between tax issues versus the spending turned into surpluses during those pointed out that he inherited a $1.2 issues of the stimulus bill. years. In the George W. Bush era, defi- trillion deficit. There is no doubt he According to the nonpartisan Con- cits occurred during the economic did inherit such a deficit. We on our gressional Budget Office, if popular downturn of 2000, with the tech bubble side do not dispute that. But for the new programs in the stimulus bill are burst, the corporate scandals of 2001, congressional Democratic leadership to made permanent, the cost will be $3.3 and, of course, the economic shock of pretend that they did not play a key trillion. I have a chart here that lays the terrorist attacks of 9/11. So we have role in creating the deficit, at least out what the Congressional Budget Of- a downturn, or we have an increase in from the standpoint of 2 years of their fice says the total cost of the bill is— the deficit is the easiest way to say it. budgets as well as the TARP legisla- this column right here. Let’s move Now, fortunately, during 2001 to 2003, tion and other stimulus things, is be- from the left to the right of the chart. we had bipartisan tax relief that yond being absurd. To be giddy about First, we have the basic cost of the kicked in, the economy recovered, and the record deficits is almost bill—$820 billion. If the making work deficits started to come down during Kafkaesque. pay refundable tax credit is extended, this period of time right here. Yet that incorrect partisan assertion there is $571 billion—the second column Now we find ourselves dealing with is, like this $787 billion figure I am re- here. If the new entitlement spending the housing and financial sector prob- ferring to, somehow accepted as fact by is made permanent, then the cost of lems. Those problems matured during opinion makers and pundits. If we go to the bill more than doubles; that is, the period of divided government—the the last column of this chart, the one there is almost $1 trillion in new hid- last Congress—for the years 2007 to with the red line, we see the real fiscal den entitlement spending right here— 2008. During that 2-year period, Demo- damage of the stimulus bill. In the first the third column. Over here in the crats controlled Congress and, obvi- few weeks of this Congress the inher- fourth column, if the appropriations in- ously, we had a Republican President. ited deficit, which was bad enough at creases are baked in the cake, then The response of the Republican White 8.3 percent of GDP, was made much there is $276 billion in new nondefense House and Democratic Congress was worse. It is now 13.5 percent of GDP. discretionary appropriations in the the Troubled Asset Relief Program, We have not had deficits that high bill. That is the fourth column. And fi- TARP, and other stimulus legislation. since the World War II era. nally, CBO tells us that the interest Those bipartisan actions led to the If you go back over the debate in cost on the overt new spending and the large deficit here in 2009, and that was committee, on the floor and on the hidden new spending totals $744 billion. the deficit that awaited President conference agreement, you will find Total it all up, and you come out right Obama. That is over $1 trillion. that Republicans opposed the bill be- here at $3.3 trillion. You don’t come Two nights ago—Tuesday night— cause, in general, we believed the bill out at $787 billion; it is $3.3 trillion. President Obama pointed this fact out, failed National Economic Council Di- And these are Congressional Budget Of- and Democrats lustily cheered. I found rector Summers’—Dr. Summers of Har- fice figures. They are not from some the partisan cheering just a bit odd. I vard University—three ‘‘t’’ tests: that conservative think tank. They are not saw people leading that cheer vigor- it needed to be timely, it needed to be from Senate Republican sources. CBO ously clapping their hands. This enthu- targeted, and it needed to be tem- estimated this hidden spending. siastic applause from the other side porary. Those are words directly from, There is one way, and only one way, would make you think President I think, a December 28 Post article for stimulus bill supporters to dispute Obama was somehow predicting we that Dr. Summers wrote. It was failure what I have said. The Democratic lead- would have a Mets-Yankees Subway in that third ‘‘t,’’ the ‘‘temporary’’

VerDate Nov 24 2008 02:07 Feb 27, 2009 Jkt 079060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\G26FE6.034 S26FEPT1 smartinez on PROD1PC64 with SENATE February 26, 2009 CONGRESSIONAL RECORD — SENATE S2547 test, that was most troubling to those lion was policy that, despite what have the very crafty look-see that goes of us who voted against it. I have laid President Obama will propose, is policy on in the very sophisticated appropria- out the degree of that failure in the these critics disagree with. For a fiscal tion process between April and Sep- comments today. damage assessment, let’s compare the tember, weighing one priority against The response from many on the other revenue loss of this widespread tax re- another priority. side is that Republicans are in no posi- lief, leaving money of $1,100 in the As we proceed, then, to write a budg- tion to criticize of because the deficits pockets of a single mom or $2,200 in the et in a couple of weeks, let’s do it in an of the years 2001 through 2006. I put pockets of a family of four—let’s as- intellectually honest manner. Let’s this chart back up here again. As I sume the real cost. So, for fiscal dam- take off the political blinders and deal have shown, while briefly rising in 2004, age assessments let’s compare the rev- with the cold, hard fiscal facts. Let’s be the deficits consistently came down for enue loss of this widespread tax relief realistic about expiring tax relief, its budgets produced and implemented in with the real cost of the stimulus bill merits, its economic growth effect. the period 2004, 2005, and 2006. Most signed last week by the President. That is shown by that one chart where often the critics from the other side I am going to go back to the chart the deficit went down an extreme make the widespread bipartisan tax re- that makes the comparison. So here it amount, even though we had cut taxes, lief of this era the culprit for our def- is. On the right side you will see that which I know to most people sounds as icit. Let’s take a minute to put that CBO estimates the 10-year cost of the though it can’t happen. If you reduce characterization in context. bill if the temporary proposals are tax rates, you have to reduce revenue. I have a chart that compares the rev- made permanent. Guess what, it is If you raise tax rates, you are going to enue loss of the bipartisan tax relief higher than it is over here. The total is bring more in. But I think our history with the full effect of spending in the $2.5 trillion. This one stimulus bill over the last 6 years shows that you stimulus bill. On the left side of this costs about 10 percent more than the can reduce taxes and still reduce defi- chart, over here, you will see all the full effect of the tax relief bills passed cits. tax relief enacted in various bills in between 2001 and 2006. For a lot of Let’s take off the political blinders the period 2001 through 2006. There those bipartisan tax relief bills, again, and deal with cold, hard fiscal facts. were quite a few major tax relief bills virtually every American taxpayer Let’s be realistic about expiring tax rein this period of time. They yielded tax benefits from these tax relief bills. On lief, its merits, its economic growth ef- relief for virtually every American tax- average, the American taxpayer’s tax fect and its political popularity. Let’s payer. We cut marginal tax rates, we bills would be 10 percent higher today sharpen our pencils, get out our yellow doubled the child tax credit, we greatly if this bipartisan tax relief plan were notepads and rev up our calculators as expanded education tax incentives, we not in effect. We heard a lot from the we consider new nominally temporary created the largest retirement savings critics of tax relief about fiscal dis- spending or tax cuts. We owe it to the incentives in a generation and provided cipline. Where are those same people American people who send us here. significant relief from the confiscatory today? Why are they not applying the f reach of the death tax, and we pro- same standard to the one partisan COMMEMORATING THE ROLE OF tected tens of millions of families from spending bill that they applied to the ENSLAVED AFRICAN AMERICANS the alternative minimum tax. widespread bipartisan tax relief bill? IN CONSTRUCTION OF THE CAP- In this major tax relief program we It was good to hear my President, ITOL made the Tax Code—now everybody is President Obama, raise the important Mrs. LINCOLN. Mr. President, I come goal of deficit reduction Tuesday night. saying this is counterintuitive—but we to the floor to speak on an issue I have He got applause from our side of the made the Tax Code more progressive in certainly followed for many years now aisle. He was right that he inherited a those pieces of legislation. But, as in the Senate and one I am proud to would be expected, the Joint Com- serious budget deficit. The Democratic have brought to some conclusion along mittee on Taxation assigned signifi- leadership applauded that line because the way, particularly last evening. cant revenue loss to these packages. they falsely claim that only Repub- Many people look at history and see That is up here on this side of the chart licans bequeathed the deficit to Presi- that when the Capitol was first built in where you see what the Joint Tax Com- dent Obama. The reality is that a the late 1700s to early 1800s, enslaved mittee says. It scores at $2.2 trillion. Democratic Congress as well as a Re- African Americans worked in all facets As I understand it, for some folks that publican President bequeathed the def- of its construction—carpentry, ma- figure raises their blood pressure. It icit from bipartisan policies they joint- sonry, carting, rafting, roofing, plas- would raise mine too if I liked to hike ly developed. To those who claim Re- tering, glazing, painting, and sawing. taxes and keep taxes high. You can un- publicans have no right to discuss defi- But for almost 200 years, the story of derstand it from the perspective of cits, they need look no further than these slave laborers was not told and those critics—those taxes represent their own actions. They need to take a was basically unknown, I would imag- $2.1 trillion that folks in this body and look at the fiscal effects of the stim- ine to almost everyone who visited and the other body would rather spend. But ulus that was crafted early in this new worked in the Capitol every day. we all know that tax relief did a lot of Congress and compare the costs in that In July of 2000, I sponsored a resolu- good. bill with all of the bipartisan tax relief tion to establish a special task force to I have another chart about tax relief that they criticize. recommend an appropriate recognition doing a lot of good. For a family of four In other words, compare this here, for the slave laborers who worked on at $50,000 a year of income, we have what happened in 2 weeks, with what the construction of this great build- $2,300 more for that family budget to happened over a period of 5 or 6 years ing—the U.S. Capitol—our symbol of operate under. For a single mom with of deficit reduction. The partisan stim- freedom in this country. My cosponsor two kids it means she keeps $1,100 for ulus bill’s costs exceed that of the bi- on this effort was then Senator Spen- her to spend instead of 535 Members of partisan tax relief. cer Abraham from Michigan, and so the Congress spending. As we examine President Obama’s resolution became known as the Abra- From what we heard on the campaign first budget, let’s take a cue from his ham-Lincoln resolution back then. trail a few months ago, and we heard a speech Tuesday night. Let’s make def- The bicameral, bipartisan Slave couple of days ago here in the Capitol icit reduction a priority and let’s do it Labor Task Force brought together building, President Obama agrees with in an intellectually honest fashion. A historians and interested officials to most of this tax relief program. He said lot of fiscal damage was done in the work on this issue. One of those was his first budget will retain most of that stimulus bill enacted a few days ago. Curtis Sykes, an educator and native of tax relief that is in those various bills. That is not so of what was assigned to North Little Rock, AR, and an original For purposes of this discussion, let’s the years 2009 and 2010, but what was member of Arkansas’ Black History assume the merits—I want to assume assigned way out into the future years, Advisory Committee. Mr. Sykes passed the merits of the arguments of the crit- as if somehow the stimulus bill were a away before our work was complete, ics of the bipartisan tax relief program; platform for the subterfuge of getting but he made so many important con- that is, let’s assume all of the $2.2 tril- things done in 2 weeks that ought to tributions to the task force before his

VerDate Nov 24 2008 02:07 Feb 27, 2009 Jkt 079060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\G26FE6.035 S26FEPT1 smartinez on PROD1PC64 with SENATE S2548 CONGRESSIONAL RECORD — SENATE February 26, 2009 passing. He was then ably succeeded by wall, and would bear an inscription who walks in there. How important for Ms. Sarah Jean Davidson, founder and identifying the wall as having been them to know of the ingenuity, the president of the Association for the built of sandstone quarried by enslaved hard work, the labor that went into Preservation of North Little Rock, Ar- African Americans who were an impor- this incredible building. kansas African American History. tant part, a vital part of the labor force Through this effort I wanted to make I am so very grateful to these two in- that built our great U.S. Capitol. sure that everyone who visits the Cap- dividuals who have offered their in- Thanks to my Slave Labor Task itol leaves knowing the story of the sight and their expertise and their Force colleague Congressman JOHN people who helped to build it, a true input to make sure that what we did LEWIS, there will be a similar plaque on symbol of freedom, at a time when here was done in a very special way in the House side of the East Front Cor- they themselves were not free. great recognition. ridor. These locations are important I want to close, first, by saying again In 2007, the task force presented the for another reason. They are on the a very special thanks to my friend and congressional leadership with rec- route that visitors take to the Senate colleague Senator CHAMBLISS from ommendations on how to best recog- and House galleries. Mr. Sykes, as I Georgia who has worked with us on nize the contribution of these enslaved mentioned earlier, the Arkansas histo- this resolution—we were so excited and workers. The recommendations were rian with whom I worked, focused on pleased to see it pass last night—as developed with the invaluable assist- the need to ensure that as many citi- well as the chairman of the Rules Com- ance of a working group that included zens as possible be made aware of this mittee, Senator SCHUMER, and the dis- the historians and curators of the Sen- contribution of enslaved African Amer- tinguished ranking member of the ate, House, and Office of the Architect icans in the building of this great committee, Senator BENNETT, for also of the Capitol, representatives from the building, our Capitol. I wholeheartedly sponsoring the legislation with Senator AOC Project Management Division, agree with Mr. Sykes. To me, edu- CHAMBLISS and myself. They were all and representatives from the Capitol cation is at the heart of this effort. It so good to work with on this resolu- Visitor Center. would do no good to have a plaque that tion. I appreciate their efforts and em- Since then, we have been working so was hidden in a corner where no one phasis on something I believe is very very hard to see that these rec- would see it. It would do no good if we important, not just for the Capitol but ommendations are all realized. We told the story of enslaved African for our entire Nation. have developed a history of slave labor- Americans building the Capitol and no I also want to publicly thank and ers in the construction of the Capitol one heard it. recognize my good friend and former and put it online. We have ensured that A critical part of recognizing the colleague Congressman JOHN LEWIS for the story of these slave laborers was work of the slaves is to make their his leadership on this project. He is an incorporated into the CVC orientation story visible and accessible, so that fu- extraordinary human being. I have video and Capitol tour guide training. ture generations know and understand been grateful for the opportunity to We have seen the publication of a book the sacrifices that have been made for work with him on this very important on Black Americans in Congress, and the many blessings that we enjoy issue. we have seen the reception area of the today, that those blessings that are I never will forget, when I arrived in CVC named Emancipation Hall. capsulized in the very building in the House of Representatives as a On Monday, I, along with my good which we all work, that the freedoms young single woman in 1993, Congress- friend and colleague Senator and the rights that we enjoy, are cap- man LEWIS invited a small group of us CHAMBLISS, introduced a resolution to sulized in a building that had tremen- freshmen—it was the largest freshman bring another recommendation to fru- dous input from enslaved African class since the 1940s, I believe—any- ition. This resolution, which was ap- Americans. way, he invited us to come view some proved by the Senate last night, au- I was recently in the new CVC and I of his footage and film from days dur- thorizes a plaque to be placed in the hope, for those Members who have not ing the 1960s, and all of what he en- Capitol, a plaque that identifies a very been, they will go visit and certainly dured before that. It was amazing—the special feature of the Capitol. The for those of our constituents who visit freedom ride, all of what he had experi- original exterior wall of the Capitol this great Capitol of the Nation, that enced. It was a tremendous oppor- was constructed between 1793 and 1807. they get a chance to visit the Visitors tunity for me to get to know him bet- The stones for that wall were mined by Center. I watched the faces of dozens of ter. I am grateful, again, for his ex- slave laborers in a sandstone quarry in schoolchildren as their mouths opened traordinary leadership. Aquia Creek in Stafford County, VA. up, dropped in awe at the sight of this I hope everyone, as I said, will take Quarrying stone was among the most vast and beautiful Emancipation Hall. the opportunity to go to the CVC if difficult and backbreaking tasks in the Their eyes popped open wide as they they have not already and take a look building business. First, the land had looked through the skylight and saw and hopefully burn in each of our to be cleared, then the top of the stone this gorgeous view of the dome of the hearts how important it is to remem- chipped away to reach the parts that Capitol that represents who they are ber every day when we come to this un- had not been damaged by frost or vege- and the great Nation to which they be- believable building what it stands for; tation. Then the stone would be further long. hopefully relighting and rekindling our chipped to create a small cavity, just They were so excited about being ability to unite, to work together for large enough for one man to work in. there, and that excitement opened the great things this wonderful Nation The men would work in these small their minds to the lessons that would stands for. I appreciate so much every- cavities to cut grooves and hammer in be taught to them, there in that visi- one working together to make this pos- iron wedges to split the stone to free it tors center—like the Statue of Free- sibility a reality. I am very excited. from the larger block. To make mat- dom that was designed by an Italian I thank my colleagues for their at- ters worse, the quarries were located and sent over here and yet could not be tention. I yield the floor to my good on an isolated, snake-infested island reconstructed until the ingenuity and friend and colleague from Georgia. that swarmed with mosquitoes in the the dedicated focus of, yes, an enslaved The PRESIDING OFFICER. The Sen- blazing summer and froze under snow African American by the name of Phil- ator from Georgia is recognized. in winter. ip Reid could figure out how to unhook Mr. CHAMBLISS. Mr. President, I Much of the original Capitol no the model that the Italians had sent rise to speak in favor of S. Res. 53 longer stands, due to the fires of war us, cast it, and put it piece by piece which commemorates the role of slaves and renovations to create more space. back together. No one else could figure in constructing the U.S. Capitol. What The original East exterior wall still ex- it out. a great historical revelation and state- ists, however, and is now part of the As you walk into Emancipation Hall ment my colleague from Arkansas has East Front Corridor. It is one of the and you see this huge statue, the caste made. This is one of those moments few places where that original slave- of the Statue of Freedom, what an un- when the Senate has an opportunity to quarried sandstone is still in evidence. believable feeling it gives, not just to shine, because we have a chance to The plaque would be placed near that schoolchildren, but to any American look back at historical facts that may

VerDate Nov 24 2008 03:04 Feb 27, 2009 Jkt 079060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\G26FE6.036 S26FEPT1 smartinez on PROD1PC64 with SENATE February 26, 2009 CONGRESSIONAL RECORD — SENATE S2549 not have been pretty, as we look back I thank all my colleagues for their Recognizing the role of enslaved Afri- on it, but are a part of our history. I unanimous approval of this resolution. can Americans in the building of the want to tell her how much I appreciate Mr. SCHUMER. Mr. President, I rise U.S. Capitol is important to coming to her leadership on this—not just this today in support of Senator LINCOLN’s terms with our past and overcoming particular resolution, but on this over- legislation to recognize the role of the tragic history of slavery in our Na- all issue. She has been a true cham- enslaved African Americans in the con- tion. This plaque stands as a reminder pion. Her leadership in her caucus has struction of the Capitol. Every day, of how far we have come since the days meant an awful lot to a number of peo- America’s lawmakers walk the marble of slavery and how far we still need to ple, particularly those of us who come halls of the U.S. Capitol, but we seldom go. from the South. reflect upon the struggles of those who f She mentioned my good friend JOHN constructed this esteemed building. LEWIS, my colleague, the dean of our America was founded on the idea that TRIBUTE TO MANNY ROSSMAN delegation. What a great American all of its people should be free, yet Mr. KYL. Mr. President, I wish to JOHN LEWIS is. I have the opportunity throughout our history, we have strug- take a few minutes to say farewell to every year at the Martin Luther King gled against the influence of racism the head of my whip office staff, Manny birthday celebration to take the po- and ignorance. We cannot brush over Rossman. dium with JOHN LEWIS at Ebenezer the impact of slavery on the history of By some standards, Manny has had a Baptist Church and to recollect and our Nation. By acknowledging the role relatively brief career in Congress. But reminisce about some of those times of enslaved African Americans in the anyone who knows Manny knows that that may not have been pleasant but, construction of the U.S. Capitol, we are he has been an indispensable staff again, they are part of our history. one step closer to healing the racial member from the very beginning. JOHN LEWIS certainly lived that his- wounds that remain in our society. Manny started his career on the Hill tory and the great story of his con- Throughout America, children’s text- as an intern, like so many others. He tribution to America—his having gone books are filled with information about was lucky his internship was with through what he went through—is why the Founders of our Republic, but they then-Congressman Bill Archer, chair- we all have such admiration for him. mention little or nothing about the man of the House Ways and Means It is one of the great, sad ironies of enslaved African Americans who helped Committee. Manny was not any ordi- American history that the very founda- build the Capitol. Many facts about the nary intern, however. He quickly tion of this building in which we have lives of these people are lost in history, moved from opening mail and answer- debated essential questions of liberty but documents from the time help us ing phones to working on substantive and even decided who was free and who put together a partial picture of what legislative issues. Clearly, Bill Archer was not, was laid by those who wore their lives were like. The enslaved Af- saw the promise of this very special in- shackles. We do not know that much rican Americans who constructed this tern. about them. In the scant records that building were rented by the Govern- Following his internship, Manny were kept, only a few first names sur- ment from their owners. Between 1795 went off to law school at the Univer- vive next to those of their owners, and and 1801, more than 380 payments were sity of Pennsylvania. Manny was presi- the sums paid for their backbreaking made to slave owners for the use of dent of the Penn Law Republicans and work. But we do know this. They toiled their slaves in the construction of the a member of the Federalist Society. He in the hot Sun and the cold wind in the Capitol. Slaves performed a variety of graduated in 1999. quarries of Virginia and Maryland to tasks, including mining, stone and tim- His time in law school was very suc- unearth the stone upon which rests ber sawing, bricklaying, and carpentry. cessful, and he could have easily made this temple of liberty. They mined the stone used in con- his way to Wall Street for a career From 1793 to 1826, as many as 800 structing the section of the Capitol there or elsewhere. But the pull of pub- slaves at any one time painted, roofed, where this plaque will be displayed in lic policy and public service brought sawed, glazed, and perfected a building the Aquia Creek sandstone quarry in him to Washington, DC. After he grad- that represented a freedom that was Stafford County, VA, and the Mont- uated from law school, Manny accepted never to be theirs and, in an irony of gomery County marble quarry in Mary- a job with then-Congressman Phil ironies, as the Civil War tore this coun- land. Crane. try asunder over the very issue of Our Nation has made tremendous Congressman Crane was a senior human liberty, a slave laborer named progress since the days when a slave member of the Ways and Means Com- Philip Reid cast the Statue of Freedom was valued as three-fifths of a person, mittee, which gave Manny the oppor- that now crowns this very building. but though the days of slave auctions tunity to work on the leading tax and Uncredited and unsung, slaves carved and forced servitude are behind us, our trade issues of the day. These issues and polished the three-story-high mar- work is not finished. To date, only six are central to our economic health as a ble columns that grace Statuary Hall, African Americans have served in the nation, and Manny made them a top a soaring backdrop where so many of U.S. Senate. America’s first two Afri- priority. Manny quickly became a us earlier this week debated and dis- can American Senators, Hiram Revels trusted adviser to Congressman Crane, cussed the first congressional speech of and Blanche Bruce, served the State of working on such landmark issues as this Nation’s first Black President. Mississippi in the 1870s. It was not the law that repealed the FSC/ETI tax How far we have come in this period of until 1967, nearly a century later, that benefit and replaced it with a deduc- history in our country. America’s third African American Sen- tion designed to encourage domestic We can never pay these laborers their ator, Edward Brooke of Massachusetts, manufacturing activity. He also due but we can, even belatedly, recog- came to Washington. Carol Moseley worked on enactment of trade pro- nize their significant contributions. Braun of Illinois made history in 1993 motion authority and multiple free This resolution authorizes a plaque when she became the first and only Af- trade agreements. to be placed near the original East rican American woman to serve in the After Phil Crane left the House, Front wall of the Capitol, one of the Senate. In 2005, Barack Obama, also of Manny made his way across Capitol few places their handiwork is still visi- Illinois, became the fifth African Hill to the Senate, where he became ble, to acknowledge the role and con- American to serve in the Senate, fol- Senator Trent Lott’s key staff person tributions enslaved African-American lowed by ROLAND BURRIS. on the Finance Committee. That is laborers played in the evolution of this President Obama’s inauguration this where I first met Manny and, more im- building and, by extension, this democ- year stands as one of the greatest portantly, where Manny met his future racy. achievements in the history of civil bride. At that time, Jennifer Vesey was Again, I thank my colleague from Ar- rights in this country. Many doubted handling health care issues on the Fi- kansas and commend her once again that the United States would ever elect nance Committee for our then-col- for her leadership. She and I have an African American President, but I league Senator Rick Santorum of worked on so many issues in a strong am certain that while President Obama Pennsylvania. Who knew that the Def- and bipartisan way. Without her lead- is the first African American to win icit Reduction Act could be so roman- ership we would not be here now. the Presidency, he will not be the last. tic?

VerDate Nov 24 2008 02:07 Feb 27, 2009 Jkt 079060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\G26FE6.037 S26FEPT1 smartinez on PROD1PC64 with SENATE S2550 CONGRESSIONAL RECORD — SENATE February 26, 2009 While working on Finance Com- Kentucky that is going to have a very essary on three days’ notice of the date, mittee issues, Manny helped the Sen- special ceremony. Tomorrow, February time, place and subject matter of the meet- ate enact a landmark pension reform 27, in Louisville, KY, the family of 1LT ing, or in the alternative with the consent of bill, the Central American Free Trade John V. Scanlan will receive on his be- the Ranking Minority Member, or pursuant to the provision of the Standing Rules of the Agreement, and the extension of the 15- half the Prisoner of War Medal. Senate, as amended. percent tax rate for capital gains and Lieutenant Scanlan, of Louisville, 2. Unless a different date and time are set dividends through the end of 2010. Fol- served in the U.S. Army Air Corps in by the Chairman pursuant to (1) of this sec- lowing the devastation of Hurricane World War II and was lost in 1945 when tion, Committee meetings shall be held be- Katrina, Manny worked night and day he was shot down over Japan. Now, ginning at 10:00 a.m. on Thursdays the Sen- to help Mississippi and the entire gulf more than 60 years later, he will be ate is in session, which shall be the regular coast region begin the long road to re- honored for the full extent of his val- meeting day for the transaction of business. iant service to this Nation. 3. At the request of any member, or by ac- covery through the establishment of tion of the Chairman, a bill, matter, or nom- the Gulf Opportunity Zone, or so-called So I ask my colleagues to join me in sending our thoughts and prayers to ination on the agenda of the Committee may GO Zone. be held over until the next meeting of the Trent Lott was elected the Repub- the family of 1LT John V. Scanlan on Committee or for one week, whichever oc- lican whip in late 2006, and to no one’s their very important day. We must let curs later. surprise, he asked Manny to become them know that their sacrifice will al- II. HEARINGS OF THE COMMITTEE his whip office chief of staff. Working ways be revered by our Nation. 1. The Committee shall provide a public with Trent Lott, Manny built a highly Mr. President, the letter reads as fol- announcement of the date, time, place and effective whip organization. At the lows: subject matter of any hearing to be con- same time, he developed countless rela- Dear Catherine Wiggins and members of ducted by the Committee or any Sub- the Scanlan family, tionships with other Senate leadership committee at least seven calendar days prior It is never too late to honor bravery and to the commencement of that hearing, un- offices, with House leadership offices, sacrifice. That’s why you have my respect less the Chairman with the consent of the and with the administration that to and gratitude today as you accept the Pris- Ranking Minority Member determines that this day facilitate the smooth oper- oner of War Medal for First Lieutenant John good cause exists to begin such hearing at an ation of the entire legislative process. V. Scanlan. earlier date. Witnesses shall provide a writ- When Trent Lott retired at the end of On June 23, 1945, Lieutenant Scanlan ten statement of their testimony and cur- 2007 and I was elected whip by my col- climbed aboard his P–51 Mustang aircraft riculum vitae to the Committee at least 24 and set out from Iwo Jima for what would be hours preceding the hearings in as many cop- leagues, I knew the key to an effortless his final mission. Only later would his family transition was Manny Rossman. I am ies as the Chairman of the Committee or learn about that mission’s terrible end. I Subcommittee prescribes. grateful that Manny agreed to stay cannot imagine your family’s horror at 2. In the event 14 calendar days’ notice of with the whip operation through my learning what happened to a good and brave a hearing has been made, witnesses appear- first year. I very much appreciate the man at the hands of the enemy. ing before the Committee, including any wit- And yet that was not the end of your fam- advice and the counsel he has given me ness representing a Government agency, ily’s service to America. John’s two brothers must file with the Committee at least 48 during this time. I agree with Trent also wore their country’s uniform. One of hours preceding appearance written state- Lott that there is something about them, Colonel Joseph William Scanlan of the ments of their testimony and curriculum ‘‘the magic of Manny’’ that makes him U.S. Air Force, was a career officer who vitae in as many copies as the Chairman of such an effective and delightful addi- raised his family all over the world. And his daughter Catherine remembers the trips to the Committee or Subcommittee prescribes. tion to our whip team. 3. In the event a witness fails timely to file Arlington Cemetery on Veterans Day, when We will all miss him very much. We the written statement in accordance with her father would tell her about the Uncle thank him for his service to the Sen- this rule, the Chairman may permit the wit- Jack she never knew. ate, to the Congress, and to the coun- Those who receive the Prisoner of War ness to testify, or deny the witness the privi- try, and we wish him farewell and God- Medal set an example of courage and patriot- lege of testifying before the Committee, or speed. ism that inspires us all. Through unspeak- permit the witness to testify in response to The PRESIDING OFFICER. The Re- able conditions, they uphold their oath to questions from Senators without the benefit publican leader. defend America with honor and dignity. You of giving an opening statement. Mr. MCCONNELL. Mr. President, I have always known of Lieutenant Scanlan’s III. QUORUMS wish to echo the remarks of my good heroism from stories passed down through 1. Six Members of the Committee, actually generations. With this ceremony, his fellow friend from Arizona, Senator KYL, present, shall constitute a quorum for the citizens will know it too. about our friend Manny Rossman, who purpose of discussing business. Eight Mem- First Lieutenant John V. Scanlan flies a bers of the Committee, including at least has never worked directly for me, but I different mission now. He served his country two Members of the minority, shall con- say to the Senator from Arizona, he with pride, and has earned his well-deserved stitute a quorum for the purpose of has such a great sense of teamwork peace. Our nation cannot be grateful enough transacting business. No bill, matter, or that even though Manny was working for his immense sacrifice. May God bless nomination shall be ordered reported from first for Senator Lott and then for Sen- him, and may He continue to bless your won- the Committee, however, unless a majority derful family. ator KYL, you had the feeling that the of the Committee is actually present at the Sincerely, two offices were sort of a seamless web. time such action is taken and a majority of MITCH MCCONNELL, those present support the action taken. The credit for that, in addition to the United States Senate. 2. For the purpose of taking down sworn principal, I think goes to Manny, who f testimony, a quorum of the Committee and had a great sense of the importance of each Subcommittee thereof, now or here- cooperating, working together, making COMMITTEE ON THE JUDICIARY, after appointed, shall consist of one Senator. RULES OF PROCEDURE the leader’s office and the whip’s office IV. BRINGING A MATTER TO A VOTE really one. His personality, his bril- Mr. LEAHY. Mr. President, the Com- The Chairman shall entertain a non-debat- liance, his ability to interact with peo- mittee on the Judiciary has adopted able motion to bring a matter before the ple is really unsurpassed. rules governing its procedures for the Committee to a vote. If there is objection to So I join my friend from Arizona and 111th Congress. Pursuant to rule XXVI, bring the matter to a vote without further congratulate Manny for his great serv- paragraph 2, of the Standing Rules for debate, a roll call vote of the Committee ice to America in the Senate. I know the Senate, I ask unanimous consent shall be taken, and debate shall be termi- he will have a hugely successful post- nated if the motion to bring the matter to a that a copy of the committee rules be vote without further debate passes with ten Senate career. We are going to miss printed in the RECORD. votes in the affirmative, one of which must him, but we wish him well. There being no objection, the mate- be cast by the minority. f rial was ordered to be printed in the V. AMENDMENTS RECORD, as follows: TRIBUTE TO FIRST LIEUTENANT 1. Provided at least seven calendars days’ RULES—UNITED STATES SENATE COMMITTEE JOHN V. SCANLAN notice of the agenda is given, and the text of ON THE JUDICIARY the proposed bill or resolution has been made Mr. MCCONNELL. Mr. President, I I. MEETINGS OF THE COMMITTEE available at least seven calendar days in ad- would like to share with my colleagues 1. Meetings of the Committee may be vance, it shall not be in order for the Com- a letter I have written to a family in called by the Chairman as he may deem nec- mittee to consider any amendment in the

VerDate Nov 24 2008 03:04 Feb 27, 2009 Jkt 079060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\G26FE6.031 S26FEPT1 smartinez on PROD1PC64 with SENATE February 26, 2009 CONGRESSIONAL RECORD — SENATE S2551 first degree proposed to any measure under I ask unanimous consent that they be tion the witness only after all Members consideration by the Committee unless such printed in the RECORD. present have completed their questioning of amendment has been delivered to the office There being no objection, the mate- the witness or at such other time as the of the Committee and circulated via e-mail rial was ordered to be printed in the Chairman and the Ranking Majority and Mi- to each of the offices by at least 5:00 p.m. the nority Members present may agree. No staff day prior to the scheduled start of the meet- RECORD, as follows: member may question a witness in the ab- ing. RULES OF THE SENATE COMMITTEE ON ENERGY sence of a quorum for the taking of testi- 2. It shall be in order, without prior notice, AND NATURAL RESOURCES mony. for a Member to offer a motion to strike a GENERAL RULES BUSINESS MEETING AGENDA single section of any bill, resolution, or Rule 1. The Standing Rules of the Senate, Rule 5. (a) A legislative measure, nomina- amendment under consideration. as supplemented by these rules, are adopted tion, or other matter shall be included on 3. The time limit imposed on the filing of as the rules of the Committee and its Sub- the agenda of the next following business amendments shall apply to no more than committees. meeting of the full Committee if a written three bill identified by the Chairman and in- MEETINGS OF THE COMMITTEE request for such inclusion has been filed with cluded on the Committee’s legislative agen- Rule 2. (a) The Committee shall meet on the Chairman of the Committee at least one da. week prior to such meeting. Nothing in this 4. This section of the rule may be waived the third Wednesday of each month while the Congress is in session for the purpose of con- rule shall be construed to limit the author- by agreement of the Chairman and the Rank- ity of the Chairman of the Committee to in- ing Minority Member. ducting business, unless, for the convenience of Members, the Chairman shall set some clude a legislative measure, nomination, or VI. PROXY VOTING other day for a meeting. Additional meetings other matter on the Committee agenda in When a recorded vote is taken in the Com- may be called by the Chairman as he may the absence of such request. mittee on any bill, resolution, amendment, deem necessary. (b) The agenda for any business meeting of or any other question, a quorum being (b) Hearings of any Subcommittee may be the Committee shall be provided to each present, Members who are unable to attend called by the Chairman of such Sub- Member and made available to the public at the meeting may submit votes by proxy, in committee, Provided, That no Subcommittee least three days prior to such meeting, and writing or by telephone, or through personal hearing other than a field hearing, shall be no new items may be added after the agenda instructions. A proxy must be specific with scheduled or held concurrently with a full is so published except by the approval of a respect to the matters it addresses. Committee meeting or hearing, unless a ma- majority of all the Members of the Com- mittee on matters not included on the public VII. SUBCOMMITTEES jority of the Committee concurs in such concurrent hearing. agenda. The Staff Director shall promptly 1. Any Member of the Committee may sit notify absent Members of any action taken OPEN HEARINGS AND MEETINGS with any Subcommittee during its hearings by the Committee on matters not included or any other meeting, but shall not have the Rule 3. (a) All hearings and business meet- on the published agenda. authority to vote on any matter before the ings of the Committee and all the hearings of QUORUMS Subcommittee unless a Member of such Sub- any of its Subcommittees shall be open to committee. the public unless the Committee or Sub- Rule 6. (a) Except as provided in sub- 2. Subcommittees shall be considered de committee involved, by majority vote of all sections (b) and (c), eight Members shall con- novo whenever there is a change in the Sub- the Members of the Committee or such Sub- stitute a quorum for the conduct of business committee chairmanship and seniority on committee, orders the hearing or meeting to of the Committee. the particular Subcommittee shall not nec- be closed in accordance with paragraph 5(b) (b) No measure or matter shall be ordered essarily apply. of Rule XXVI of the Standing Rules of the reported from the Committee unless twelve 3. Except for matters retained at the full Senate. Members of the Committee are actually Committee, matters shall be referred to the (b) A transcript shall be kept of each hear- present at the time such action is taken. appropriate Subcommittee or Subcommit- ing of the Committee or any Subcommittee. (c) One Member shall constitute a quorum tees by the Chairman, except as agreed by a (c) A transcript shall be kept of each busi- for the purpose of conducting a hearing or majority vote of the Committee or by the ness meeting of the Committee unless a ma- taking testimony on any measure or matter agreement of the Chairman and the Ranking jority of all the Members of the Committee before the Committee or any Subcommittee. Minority Member. agrees that some other form of permanent VOTING 4. Provided all members of the Sub- record is preferable. Rule 7. (a) A rollcall of the Members shall committee consent, a bill or other matter HEARING PROCEDURE be taken upon the request of any Member. may be polled out of the Subcommittee. In Rule 4. (a) Public notice shall be given of Any Member who does not vote on any roll- order to be polled out of a Subcommittee, a the date, place, and subject matter of any call at the time the roll is called, may vote majority of the members of the Sub- hearing to be held by the Committee or any (in person or by proxy) on that rollcall at committee who vote must vote in favor of re- Subcommittee at least one week in advance any later time during the same business porting the bill or matter to the Committee. of such hearing unless the Chairman of the meeting. VIII. ATTENDANCE RULES full Committee or the Subcommittee in- (b) Proxy voting shall be permitted on all matters, except that proxies may not be 1. Official attendance at all Committee volved determines that the hearing is non- counted for the purpose of determining the business meetings of the Committee shall be controversial or that special circumstances presence of a quorum. Unless further limited, kept by the Committee Clerk. Official at- require expedited procedures and a majority a proxy shall be exercised only upon the date tendance at all Subcommittee business of all the Members of the Committee or the for which it is given and upon the items pub- meetings shall be kept by the Subcommittee Subcommittee involved concurs. In no case lished in the agenda for that date. Clerk. shall a hearing be conducted with less than (c) Each Committee report shall set forth 2. Official attendance at all hearings shall twenty-four hours notice. Any document or the vote on the motion to report the meas- be kept, provided that Senators are notified report that is the subject of a hearing shall ure or matter involved. Unless the Com- by the Committee Chairman and Ranking be provided to every Member of the Com- mittee directs otherwise, the report will not Minority Member, in the case of Committee mittee or Subcommittee involved at least 72 set out any votes on amendments offered hearings, and by the Subcommittee Chair- hours before the hearing unless the Chair- during Committee consideration. Any Mem- man and Ranking Minority Member, in the man and Ranking Member determine other- ber who did not vote on any rollcall shall case of Subcommittee Hearings, 48 hours in wise. have the opportunity to have his position re- advance of the hearing that attendance will ( b) Each witness who is to appear before corded in the appropriate Committee record be taken; otherwise, no attendance will be the Committee or any Subcommittee shall file with the Committee or Subcommittee, or Committee report. taken. Attendance at all hearings is encour- (d) The Committee vote to report a meas- aged. at least 24 hours in advance of the hearing, a written statement of his or her testimony in ure to the Senate shall also authorize the f as many copies as the Chairman of the Com- staff of the Committee to make necessary technical and clerical corrections in the COMMITTEE ON ENERGY AND NAT- mittee or Subcommittee prescribes. (c) Each Member shall be limited to five measure. URAL RESOURCES RULES OF minutes in the questioning of any witness SUBCOMMITTEES PROCEDURE until such time as all Members who so desire Rule 8. (a) The number of Members as- Mr. BINGAMAN. Mr. President, in have had an opportunity to question the wit- signed to each Subcommittee and the divi- accordance with rule XXVI, paragraph ness. sion between Majority and Minority Mem- 2, of the Standing Rules of the Senate, (d) The Chairman and Ranking Minority bers shall be fixed by the Chairman in con- Member of the Committee or Subcommittee sultation with the Ranking Minority Mem- I submit the rules governing the proce- or the Ranking Majority and Minority Mem- ber. dure of the Committee on Energy and bers present at the hearing may each appoint (b) Assignment of Members to Subcommit- Natural Resources for publication in one Committee staff member to question tees shall, insofar as possible, reflect the the CONGRESSIONAL RECORD. each witness. Such staff member may ques- preferences of the Members. No Member will

VerDate Nov 24 2008 02:07 Feb 27, 2009 Jkt 079060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\CR\FM\A26FE6.047 S26FEPT1 smartinez on PROD1PC64 with SENATE S2552 CONGRESSIONAL RECORD — SENATE February 26, 2009 receive assignment to a second Sub- majority of all the Members of the Com- discussed or the testimony to be taken at committee until, in order of seniority, all mittee at a business meeting called for the such meeting or meetings— Members of the Committee have chosen as- purpose of making such a determination. (a) will disclose matters necessary to be signments to one Subcommittee, and no DEFAMATORY STATEMENTS kept secret in the interests of national de- Member shall receive assignment to a third fense or the confidential conduct of the for- Rule 14. Any person whose name is men- eign relations of the United States; Subcommittee until, in order of seniority, tioned or who is specifically identified in, or all Members have chosen assignments to two (b) will relate solely to matters of Com- who believes that testimony or other evi- mittee staff personnel or internal staff man- Subcommittees. dence presented at, an open Committee or (c) Any Member of the Committee may sit agement or procedure; Subcommittee hearing tends to defame him with any Subcommittee during its hearings (c) will tend to charge an individual with a or otherwise adversely affect his reputation but shall not have the authority to vote on crime or misconduct, to disgrace or injure may file with the Committee for its consid- any matters before the Subcommittee unless the professional standing of an individual, or eration and action a sworn statement of he is a Member of such Subcommittee. otherwise to expose an individual to public facts relevant to such testimony or evidence. contempt or obloquy or will represent a NOMINATIONS BROADCASTING OF HEARINGS OR MEETINGS clearly unwarranted invasion of the privacy Rule 9. At any hearing to confirm a Presi- Rule 15. Any meeting or hearing by the of an individual; dential nomination, the testimony of the Committee or any Subcommittee which is (d) will disclose the identity of any in- nominee and, at the request of any Member, open to the public may be covered in whole former or law enforcement agent or will dis- any other witness shall be under oath. Every or in part by television broadcast, radio close any information relating to the inves- nominee shall submit a statement of his fi- broadcast, or still photography. Photog- tigation or prosecution of a criminal offense that is required to be kept secret in the in- nancial interests, including those of his raphers and reporters using mechanical re- terests of effective law enforcement; spouse, his minor children, and other mem- cording, filming, or broadcasting devices (e) will disclose information relating to the bers of his immediate household, on a form shall position their equipment so as not to approved by the Committee, which shall be trade secrets or financial or commercial in- interfere with the seating, vision, and hear- formation pertaining specifically to a given sworn to by the nominee as to its complete- ing of Members and staff on the dais or with ness and accuracy. A statement of every person if— the orderly process of the meeting or hear- (1) an Act of Congress requires the infor- nominee’s financial interest shall be made ing. available to the public on a form approved by mation to be kept confidential by Govern- the Committee unless the Committee in ex- AMENDING THE RULES ment officers and employees; or ecutive session determines that special cir- Rule 16. These rules may be amended only (2) the information has been obtained by cumstances require a full or partial excep- by vote of a majority of all the Members of the Government on a confidential basis, tion to this rule. the Committee in a business meeting of the other than through an application by such Committee: Provided, That no vote may be person for a specific Government financial or INVESTIGATIONS taken on any proposed amendment unless other benefit, and is required to be kept se- Rule 10. (a) Neither the Committee nor any such amendment is reproduced in full in the cret in order to prevent undue injury to the of its Subcommittees may undertake an in- Committee agenda for such meeting at least competitive position of such person; or vestigation or preliminary inquiry unless three days in advance of such meeting. (f) may divulge matters required to be kept specifically authorized by a majority of all confidential under other provisions of law or the Members of the Committee. f Government regulations. (b) A witness called to testify in an inves- COMMITTEE ON ARMED SERVICES 5. Presiding Officer.—The Chairman shall tigation or inquiry shall be informed of the RULES OF PROCEDURE preside at all meetings and hearings of the matter or matters under investigation, given Committee except that in his absence the a copy of these rules, given the opportunity Mr. LEVIN. Mr. President, in compli- Ranking Majority Member present at the to make a brief and relevant oral statement ance with rule XXVI of the Standing meeting or hearing shall preside unless by before or after questioning, and be permitted Rules of the Senate, I ask unanimous majority vote the Committee provides other- to have counsel of his or her choosing consent to have printed in the RECORD wise. present during his or her testimony at any a copy of the rules of procedure of the 6. Quorum.—(a) A majority of the members of the Committee are required to be actually public or closed hearing, or at any unsworn Committee on Armed Services, as ap- interview, to advise the witness of his or her present to report a matter or measure from legal rights. proved by the committee on February the Committee. (See Standing Rules of the (c) For purposes of this rule, the terms ‘‘in- 26, 2009. Senate 26.7(a)(1)). vestigation’’ and ‘‘preliminary inquiry’’ shall There being no objection, the mate- (b) Except as provided in subsections (a) not include a review or study undertaken rial was ordered to be printed in the and (c), and other than for the conduct of pursuant to paragraph 8 of Rule XXVI of the RECORD, as follows: hearings, nine members of the Committee, including one member of the minority party; Standing Rules of the Senate or an initial re- RULES OF PROCEDURE OF THE COMMITTEE ON or a majority of the members of the Com- view of any allegation of wrongdoing in- ARMED SERVICES tended to determine whether there is sub- mittee, shall constitute a quorum for the 1. Regular Meeting Day.—The Committee stantial credible evidence that would war- transaction of such business as may be con- shall meet at least once a month when Con- rant a preliminary inquiry or an investiga- sidered by the Committee. gress is in session. The regular meeting days tion. (c) Three members of the Committee, one of the Committee shall be Tuesday and of whom shall be a member of the minority SWORN TESTIMONY Thursday, unless the Chairman, after con- party, shall constitute a quorum for the pur- Rule 11. Witnesses in Committee or Sub- sultation with the Ranking Minority Mem- pose of taking sworn testimony, unless oth- committee hearings may be required to give ber, directs otherwise. erwise ordered by a majority of the full Com- testimony under oath whenever the Chair- 2. Additional Meetings.—The Chairman, mittee. man or Ranking Minority Member of the after consultation with the Ranking Minor- (d) Proxy votes may not be considered for Committee or Subcommittee deems such to ity Member, may call such additional meet- the purpose of establishing a quorum. be necessary. If one or more witnesses at a ings as he deems necessary. 7. Proxy Voting.—Proxy voting shall be al- hearing are required to testify under oath, 3. Special Meetings.—Special meetings of lowed on all measures and matters before the all witnesses at such hearing shall be re- the Committee may be called by a majority Committee. The vote by proxy of any mem- quired to testify under oath. of the members of the Committee in accord- ber of the Committee may be counted for the SUBPOENAS ance with paragraph 3 of Rule XXVI of the purpose of reporting any measure or matter Standing Rules of the Senate. Rule 12. No subpoena for the attendance of to the Senate if the absent member casting 4. Open Meetings.—Each meeting of the a witness or for the production of any docu- such vote has been informed of the matter on Committee, or any subcommittee thereof, ment, memorandum, record, or other mate- which the member is being recorded and has including meetings to conduct hearings, rial may be issued unless authorized by a affirmatively requested that he or she be so shall be open to the public, except that a majority of all the Members of the Com- recorded. Proxy must be given in writing. meeting or series of meetings by the Com- 8. Announcement of Votes.—The results of mittee, except that a resolution adopted pur- mittee or a subcommittee thereof on the all rollcall votes taken in any meeting of the suant to Rule 10(a) may authorize the Chair- same subject for a period of no more than Committee on any measure, or amendment man, with the concurrence of the Ranking fourteen (14) calendar days may be closed to thereto, shall be announced in the Com- Minority Member, to issue subpoenas within the public on a motion made and seconded to mittee report, unless previously announced the scope of the authorized investigation. go into closed session to discuss only wheth- by the Committee. The announcement shall CONFIDENTIAL TESTIMONY er the matters enumerated below in clauses include a tabulation of the votes cast in Rule 13. No confidential testimony taken (a) through (f) would require the meeting to favor and votes cast in opposition to each by or any report of the proceedings of a be closed, followed immediately by a record such measure and amendment by each mem- closed Committee or Subcommittee meeting vote in open session by a majority of the ber of the Committee who was present at shall be made public, in whole or in part or members of the Committee or subcommittee such meeting. The Chairman, after consulta- by way of summary, unless authorized by a when it is determined that the matters to be tion with the Ranking Minority Member,

VerDate Nov 24 2008 03:04 Feb 27, 2009 Jkt 079060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\CR\FM\A26FE6.053 S26FEPT1 smartinez on PROD1PC64 with SENATE February 26, 2009 CONGRESSIONAL RECORD — SENATE S2553 may hold open a rollcall vote on any meas- tion of property of an estimated price or nificant contributions to Mississippi ure or matter which is before the Committee rental of more than $50,000. Any member of and our Nation. until no later than midnight of the day on the Committee objecting to or requesting in- Mr. President, I ask unanimous con- which the Committee votes on such measure formation on a proposed acquisition or dissent that the Biographical history of or matter. posal shall communicate his objection or re- Mr. Revels and a New York Times arti- 9. Subpoenas.—Subpoenas for attendance quest to the Chairman of the Committee of witnesses and for the production of memo- within thirty (30) days from the date of sub- cle be printed in the RECORD. randa, documents, records, and the like may mission. There being no objection, the mate- be issued, after consultation with the Rank- 13. Legislative Calendar.—(a) The clerk of rial was ordered to be printed in the ing Minority Member, by the Chairman or the Committee shall keep a printed calendar RECORD, as follows: any other member designated by the Chair- for the information of each Committee mem- Revels, Hiram Rhodes, a Senator from Mis- man, but only when authorized by a major- ber showing the bills introduced and referred sissippi; born in Fayetteville, Cumberland ity of the members of the Committee. The to the Committee and the status of such County, NC, on September 27, 1827; attended subpoena shall briefly state the matter to bills. Such calendar shall be revised from Beech Grove Quaker Seminary in Liberty, which the witness is expected to testify or time to time to show pertinent changes in Ind., Darke County Seminary in Ohio, and the documents to be produced. such bills, the current status thereof, and Knox College, Galesburg, Ill.; barber; or- 10. Hearings.—(a) Public notice shall be new bills introduced and referred to the dained a minister in the African Methodist given of the date, place and subject matter of Committee. A copy of each new revision Episcopal Church at Baltimore, Md., in 1845; any hearing to be held by the Committee, or shall be furnished to each member of the carried on religious work in Indiana, Illinois, any subcommittee thereof, at least 1 week in Committee. Kansas, Kentucky, Tennessee, and Missouri; advance of such hearing, unless the Com- (b) Unless otherwise ordered, measures re- accepted a pastorate in Baltimore, Md., in mittee or subcommittee determines that ferred to the Committee shall be referred by 1860; at the outbreak of the Civil War as- good cause exists for beginning such hear- the clerk of the Committee to the appro- sisted in recruiting two regiments of African ings at an earlier time. priate department or agency of the Govern- American troops in Maryland; served in (b) Hearings may be initiated only by the ment for reports thereon. Vicksburg, Miss., as chaplain of a Negro regi- specified authorization of the Committee or 14. Except as otherwise specified herein, ment, and organized African American subcommittee. the Standing Rules of the Senate shall gov- churches in that State; established a school (c) Hearings shall be held only in the Dis- ern the actions of the Committee. Each sub- for freedmen in St. Louis, Mo., in 1863; after trict of Columbia unless specifically author- committee of the Committee is part of the the war, served in churches in Kansas, Ken- ized to be held elsewhere by a majority vote Committee, and is therefore subject to the tucky and Louisiana before settling in of the Committee or subcommittee con- Committee’s rules so far as applicable. Natchez, Miss., in 1866; elected alderman in ducting such hearings. 15. Powers and Duties of Subcommittees.— 1868; member, Mississippi State senate 1870; (d) The Chairman of the Committee or sub- Each subcommittee is authorized to meet, elected as a Republican to the United States committee shall consult with the Ranking hold hearings, receive evidence, and report Senate; presented his credentials upon the Minority Member thereof before naming wit- to the full Committee on all matters referred readmission of Mississippi to representation nesses for a hearing. to it. Subcommittee chairmen, after con- on February 23, 1870; took the oath of office (e) Witnesses appearing before the Com- sultation with Ranking Minority Members of on February 25, 1870, after the Senate re- mittee shall file with the clerk of the Com- the subcommittees, shall set dates for hear- solved a challenge to his credentials, and mittee a written statement of their proposed ings and meetings of their respective sub- served from February 23, 1870 until March 3, testimony prior to the hearing at which they committees after consultation with the 1871; first African American Senator; sec- are to appear unless the Chairman and the Chairman and other subcommittee chairmen retary of State ad interim of Mississippi in Ranking Minority Member determine that with a view toward avoiding simultaneous 1873; president of Alcorn University (for- there is good cause not to file such a state- scheduling of full Committee and sub- merly Oakland College), Rodney, Miss., 1871– ment. Witnesses testifying on behalf of the committee meetings or hearings whenever 1874, 1876–1882; moved to Holly Springs, Mar- Administration shall furnish an additional 50 possible. shall County, Miss., and continued his reli- copies of their statement to the Committee. gious work; editor, Southwestern Christian All statements must be received by the Com- f Advocate, official newspaper of A.M.E. mittee at least 48 hours (not including week- TRIBUTE TO HIRAM RHODES Church 1876–1882; in retirement after 1882, ends or holidays) before the hearing. REVELS (f) Confidential testimony taken or con- taught theology at Shaw University, Holly fidential material presented in a closed hear- Mr. COCHRAN. Mr. President, yes- Springs, Miss.; died from a paralytic stroke ing of the Committee or subcommittee or terday marked the 139th anniversary of in Aberdeen, Miss., January 16, 1901; inter- any report of the proceedings of such hearing the seating of Hiram Rhodes Revels, as ment in Hill Crest Cemetery, Holly Springs, Miss. shall not be made public in whole or in part a United States Senator from the State or by way of summary unless authorized by of Mississippi. He was the first African- [From the New York Times, Feb. 25, 1870] a majority vote of the Committee or sub- American to serve as a U.S. Senator. committee. THE COLORED MEMBER ADMITTED TO HIS SEAT (g) Any witness summoned to give testi- Senator Revels was born in Fayette- IN THE SENATE mony or evidence at a public or closed hear- ville, NC. His father was a Baptist WASHINGTON, Feb. 25—. Mr. Revels, the col- ing of the Committee or subcommittee may preacher, his mother was of Scottish ored Senator from Mississippi, was sworn in be accompanied by counsel of his own choos- descent. He moved north to complete and admitted to his seat this afternoon at ing who shall be permitted at all times dur- his education at Beech Grove Quaker 4:40 o’clock. There was not an inch of standing such hearing to advise such witness of Seminary in Liberty, IN. In 1862, Hiram ing or sitting room in the galleries, so dense- his legal rights. Revels recruited soldiers to serve in ly were they packed; and to say that the interest was intense gives but a faint idea of (h) Witnesses providing unsworn testimony the Union Army and became Chaplain to the Committee may be given a transcript the feeling which prevailed throughout the of such testimony for the purpose of making for a Black regiment in Mississippi. entire proceeding. Mr. Vickers, of Maryland, minor grammatical corrections. Such wit- Senator Revels began his political opened the debate to-day, arguing against nesses will not, however, be permitted to career after the war as an alderman in the admission, on the ground that Revels alter the substance of their testimony. Any Natchez, MS. In 1869, he won a seat in had not been a citizen for nine years, and question involving such corrections shall be the reconstructed Mississippi State therefore was not eligible. Mr. Wilson fol- decided by the Chairman. Senate. One of the primary tasks of the lowed on the other side, and was succeeded 11. Nominations.—Unless otherwise or- newly elected State senate was to fill by Mr. Casserly, who took a new departure and arraigned the entire reconstruction pol- dered by the Committee, nominations re- U.S. Senate seats in preparation for ferred to the Committee shall be held for at icy, charging that all the Southern Senators least seven (7) days before being voted on by the State’s return to the Union. In 1870, were put in their seats by the force of the the Committee. Each member of the Com- the new Mississippi State Legislature bayonets of the regular army. This aroused mittee shall be furnished a copy of all nomi- elected Hiram Revels to fill a term due Mr. Drake to a white heat, and provoked him nations referred to the Committee. to expire in 1871. to utter remarks and to make personal allu- 12. Real Property Transactions.—Each During his service in the United sions to Mr. Casserly which were certainly in member of the Committee shall be furnished States Senate he worked on education bad taste, and in no way pertinent to the with a copy of the proposals of the Secre- issues. Upon his return to Mississippi, subject before the body. Mr. Sumner made taries of the Army, Navy, and Air Force, sub- he became the first president of Alcorn the closing speech for the Republican side of mitted pursuant to 10 U.S.C. 2662 and with a the question. It was brief, pithy and elo- copy of the proposals of the Director of the State University. quent. Then came Mr. Stockton in deference Federal Emergency Management Agency, During Black History Month it is ap- of his party. He was boisterous and common- submitted pursuant to 50 U.S.C. App. 2285, re- propriate that Hiram Rhodes Revels be place, and his speech was much better suited garding the proposed acquisition or disposi- remembered for his leadership and sig- to the stump than to the Senate. He argued

VerDate Nov 24 2008 02:07 Feb 27, 2009 Jkt 079060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\CR\FM\A26FE6.050 S26FEPT1 smartinez on PROD1PC64 with SENATE S2554 CONGRESSIONAL RECORD — SENATE February 26, 2009 in favor of his motion to refer the creden- mous and the decisions he made on a love and care Larry had bestowed on tials to the Judiciary Committee, which was daily basis would stifle even the most each of them throughout his life. promptly negatived by a party vote. The experienced business leader. However, Utah lost a great man, and I lost a question was then put on the admission, treasured friend. Throughout the years which was passed by the same strict drawing because of the risks he was willing to of the party lines. Only one thing remained, take and the business decisions he had of my service in the United States Sen- which was that the first colored Senator the courage to make, the impact he ate I would often look to Larry Miller elect should advance to the Speaker’s desk left in every corner of our State cannot for his wisdom and strength. He was a and be sworn. The Vice-President made the be overstated. rare person to find in the political announcement to the galleries that all dem- From the days of his first car enter- world, someone who worked for the onstrations of approval or disapproval would prise, his empire grew to include many good of our State and its people, in- be promptly suppressed. There had been car dealerships, movie theaters, res- stead of furthering his own ambitions. through the debate one or two such dem- onstrations, once from the Republican side, taurants, television and radio stations, He wanted to be remembered for his when Mr. Scott, in reply to Mr. Bayard, de- a first-class sports arena, a race track, ‘‘love of Utah.’’ And anyone who clared that he abandoned the Democratic sports memorabilia and apparel stores, crossed paths with Larry can attest to Party when it raised its hand in rebellion, a professional baseball team, and of his passion and love for our great and again when Mr. Stockton prophesied course, our cherished Utah Jazz. State. that the Democracy would soon control na- His professional life was punctuated Perhaps Larry H. Miller’s life can tional affairs. In view of these facts, Mr. by hard work, ingenuity, and good old- best be summarized in his own words Colfax’s announcement was somewhat nec- fashioned common sense. He was a man quoted in the Deseret News this week. essary. When the Vice-President uttered the words, ‘‘The Senator elect will now advance who wore many hats, and wore them He said, ‘‘You know, I don’t want this and take the oath,’’ a pin might have been well. He was plain spoken, and very di- to sound boastful, but I really have had heard drop. But as Senator Wilson rose in his rect in sharing his thoughts and opin- an extraordinary life.’’ Yes, Larry did seat and stepped to the lounge immediately ions. He did not live a life of flash, but live an extraordinary life and I honor behind his desk, where Mr. Revels was sit- one of more humble trappings. I cannot him for the contributions he made to ting, to escort that gentleman to the Speak- think of Larry without picturing him Utah, its citizens, and most impor- er’s desk, the galleries rose to their feet, at so many events, no matter the im- tantly to his family. His influence will that they might miss no word or lose no glimpse of what was being enacted below. portance, in his trademark casual never be forgotten, and his example The ceremony was short. Mr. Revels showed pants and golf shirt. He was a man who will be followed by generations to no embarrassment whatever, and his de- lived by his own creed, and never let come. meanor was as dignified as could be expected anyone else define him. f under the circumstances. The abuse which The relationships he developed, and had been poured upon him and on his race consequently shared with Utah, have NATIONAL EYE DONOR MONTH during the last two days might well have brushed our community with great Mr. CHAMBLISS. Mr. President, I shaken the nerves of any one. The vast color. Karl Malone, John Stockton, rise today in support of the Eye Bank throng in the galleries showed no sign of Jerry Sloan, Deron Williams, Thurl Association of America, the Georgia feeling one way or the other, and left very quietly. Bailey, Mark Eaton, and Jeff Hornacek Eye Bank, and the recognition of are only a few people Larry befriended, March as National Eye Donor Month. f hired, and mentored who have provided Eye banks today provide for more TRIBUTE TO LARRY H. MILLER many hours of great sports entertain- than 50,000 corneal grafts for transplan- Mr. HATCH. Mr. President, when the ment to fans across the country. I tation each year. In Georgia alone, lights were dimmed and the spotlight know that personalities from time to citizens donated enough ocular tissue shone on the empty seat at the end of time would clash, but at the end of the to provide over 1,200 corneas to their Row A on the edge of the Utah Jazz day Larry, and those who worked for or fellow Georgians. The generosity of basketball court last Saturday night, played for him, shared a mutual re- these donors allows for better eye care it symbolized so much more than the spect and love not often found in pro- and the gift of improved sight for those absence of its usual occupant. It dem- fessional sports today. lucky enough to receive transplants. onstrated in very poignant, solemn Larry not only contributed mightily The Eye Bank Association of Amer- terms the loss Utah experienced a few to Utah’s business climate, he also ica is the oldest transplant association days ago with the death of one of its served in so many ways to improve the in the United States and has restored most beloved and prolific citizens, lives of people from all walks of life. sight to nearly 1 million individuals. Larry H. Miller. His sense of community, and love for The association was created in 1955 On Friday, February 20, 2009, Larry our State, were felt by all who came when 12 eye banks formed with the H. Miller quietly passed away in his into contact with him. He did so many American Academy of Ophthalmology home with his beloved wife and family generous acts of service for his fellow and Otolaryngology. Since 1961, more by his side. At the age of 64, by all esti- man, quietly and behind the scenes, than 600,000 corneal transplants have mates, Larry left this earth way too which most will never know occurred. been performed, restoring the sight of early. His body had been ravaged over He believed in people, and he loved men, women, and children ranging the past year with various medical helping many find the right path to fol- from 9 days to 107 years old. This year, maladies resulting from complications low. I am proud to commend Dr. Bruce of Type 2 Diabetes. Yet, even though Larry Miller will forever be remem- Varnum, chair of the Eye Bank Asso- his body was physically depleted, his bered for his business empire and lead- ciation of America, from my home fighting spirit and pragmatic wisdom ership skills, but perhaps his greatest State of Georgia, for his excellent serv- continued until his very last breath. I contribution was in the walls of his ice and commitment to advancing eye do not think anyone was really pre- own home. He loved and cherished his transplantation and donation. pared to lose this mighty man. wife of 48 years, Gail, as well as his five Corneal blindness can develop from a Larry came from humble beginnings. children, 21 grandchildren, and one variety of diseases, injuries, or infec- His life story exemplified from start to great-grandchild. He tutored them in tions. These transplants have over a 90 finish the true American dream. By all the ways of business, but more impor- percent success rate and give renewed accounts his education and intelligence tantly, in the love of family. As he hope for those in need of a new begin- was not honed in a classroom, but in began facing later years, Larry was ning. the workplace of our nation. Through quoted on many occasions stating his Despite these encouraging numbers, odd jobs and a beginning career as an renewed desire to be the kind of hus- many Americans are still left waiting auto parts stock boy, he quickly grad- band, father, and grandfather he want- in the dark. I urge my colleagues and uated to owning his first car dealership ed to be. Within hours of Larry passing all Americans to consider becoming with a business deal struck in an after- away, Gail and their children held a eye donors to allow for the miracle of noon visit with an old acquaintance. news conference praising the man they sight that so many of us take for Larry’s business acumen was leg- had known and loved. Their strength in granted. By working with the National endary. The risks he took were enor- his passing, I believe came from the Eye Banks Association and local eye

VerDate Nov 24 2008 02:07 Feb 27, 2009 Jkt 079060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\CR\FM\A26FE6.069 S26FEPT1 smartinez on PROD1PC64 with SENATE February 26, 2009 CONGRESSIONAL RECORD — SENATE S2555 banks, we involve ourselves in the self- Congress needs to stop bickering and ag- the opportunity to choose any car powered less and kindhearted spirit that defines gravating each other and be adults—work to- by anything but gasoline. the American people. The role of eye gether; otherwise those states they are sup- Thanks for your time. posedly working for are going to crash and JEFF. donors is paramount in assisting those burn. I know it is an election year and each who have tragically lost the ability to party is trying to get their person elected. I I applaud your efforts to communicate see. also know the economy goes into a dive dur- with Idahoans in an effort to gain an under- Mr. President, lawmakers have rec- ing said election year due to uncertainty standing of what we see on a daily basis. Per- ognized March as National Eye Donor about the next president and possible out- haps there are some politicians that still Month since President Reagan pro- come of policies and bills. I am all for in- want to feel the pulse of those who elect claimed the first one in 1983 and I am creasing domestic oil production if regula- them. I am not an Idaho resident, but spent honored on behalf of the residents of tions are put in affect to help ‘guide’ the most of my 30 years growing up and living in sales and thus restricting gas and fuel from the state. I now reside in Washington and Georgia and those throughout the skyrocketing like it is. OPEC said it would more specifically in the northern Puget country to recognize March as Na- increase production yet oil futures increase Sound system. tional Eye Donor Month. on the stock markets. This is getting out of When the increase in fuel prices became more than I could justify I was faced with a f hand and a small group of people are prof- iting greatly while draining the hard earned decision to use our mass transit system. I IDAHOANS SPEAK OUT ON HIGH money from everyone. It will backfire and it could not be more pleased with the level of ENERGY PRICES will not be pretty. Instead of fighting with service offered. In comparison, many local the oil companies, tell them fine, thanks for areas in Southern Idaho do not have a public Mr. CRAPO. Mr. President, in mid- all the fish. Get new technology and alter- transportation system that carries a similar June, I asked Idahoans to share with native fuel sources reved up. Stop the oil weight. With the increase in traffic in the me how high energy prices are affect- companies from bullying smaller companies treasure valley one would think that a mass ing their lives, and they responded by from developing new fuel sources. Take the transit system would be a logical solution. It the hundreds. The stories, numbering tax breaks from the oil companies and give benefits both economically and environ- well over 1,200, are heartbreaking and them to the companies who have proven ex- mentally make it a decision I believe is a amples of alternative fuels and technology to touching. While energy prices have must. What future planning is in the works work with said alternative fuels. Give people to create a suitable mass transit system that dropped in recent weeks, the concerns who do not own one of those massive would be utilized if any? I encourage the use expressed remain very relevant. To re- Hummers or SUVs a tax break. Because of a committee to explore more efforts for spect the efforts of those who took the those who bought the massive Hummers and carpooling, expanded bus systems, and light opportunity to share their thoughts, I SUVs did not help the situation and they rail for a county connect system. If you want am submitting every e-mail sent to me knew it. I know it is unfair, but punishing to see a system that works, check out Se- through an address set up specifically those who used common sense and chose the attle, I believe we offer a very good solution practical Ford Fusion over the Hummer be- for this purpose to the CONGRESSIONAL for transportation all around this region. cause they thought and realized that the I encourage your continuing goal of think- RECORD. This is not an issue that will Hummer was overkill on the road is unfair ing outside the box for solutions to meeting be easily resolved, but it is one that de- too. I would say we need more public trans- the ever increasing energy crisis facing serves immediate and serious atten- portation, but Idaho is not ‘public transpor- Idaho. This should be a task all politicians tion, and Idahoans deserve to be heard. tation’ friendly. What works in Seattle and should be working together on. Their stories not only detail their Portland would be a cosmic joke in this Warm regards, struggles to meet everyday expenses, state. Our communities are spread out to the NATE, Marysville WA. but also have suggestions and rec- point a public transportation system would only work with the Star Trek shuttles or ommendations as to what Congress can I do appreciate the opportunity to ‘‘sound transporter. In other words, it is not real- off’’ on the energy issue. I am of the belief do now to tackle this problem and find istic. These are just my opinions and a small that Congress has been delinquent in its resolutions that last beyond today. I ask drop of concern in a huge lake. sponsibility to the United States citizens. I unanimous consent to have today’s let- KRISTA. agree that we need to work hard on sources ters printed in the RECORD. of energy that are less harmful to our envi- There being no objection, the mate- The price of gasoline is the cause of my ronment; however, in the short run, we need rial was ordered to be printed in the debt going up. With a family of 5, it is hard to provide for our needs. to cut back anymore than I already have. My I am not aware of any solution that will RECORD, as follows: wife and I use our vehicles less than we have provide immediate relief to the price of gaso- My fiance and I bought a home in Caldwell in the past, but we still are finding it hard to line and diesel; however, it will not get any in May and we moved out of his parents’ make ends meet due to the fact that when better by talking about it for another 5 home. While living with his parents, we paid the price of gasoline goes up so does the years. If we had faced the problem 10 years rent and part of the bills. We knew, when we price of food, clothes, electricity, and many ago, we would not have the problem today. moved, we would be fine. Unlike many peo- other everyday necessities. We need to drill now and we need to do it ple, we know how to live within our means For a solution I cannot understand why everywhere there are known deposits of oil. and stay below that mark in case of an emer- the only car company (that I know of) mak- We need to be good stewards of the land in gency—like the cost of gas increasing at ing a natural gas-fueled car is Honda (Honda the process (we do know how to do that) but such an astronomical rate. His parents are a GX) and the only hydrogen car (that I know we need to provide for our own domestic different story. They are in the group that of) is made by Honda (Honda FCX). I believe needs. overextended themselves, got the big house if there were easy access to natural gas gas Oil is a commodity, and like all commod- loan that any banker with common sense stations and easy access to hydrogen fuel ities, the price will fall as the supply in- should have said no to but gave them the stations that the cost of the natural gas car creases. Whether it is Alaska, off shore or loan anyway with an adjustable rate. At the and the hydrogen car would be equal to the the Rocky Mountain Shale oil, I believe we time, we knew if they gave up a couple of price that gasoline-powered cars are. I keep need to pursue the development of these de- things (like cable tv) they would make ends hearing about how we need to start drilling posits, and the construction of sufficient meet. That is far from the truth now. In just offshore for oil, but if we would use vehicles pipelines and refineries to deliver the prod- a couple of months, gas has gone up and af- not powered by gasoline, we would not need ucts to our citizens. fected every end of life. Food is now more ex- to do any offshore drilling. I am sure there Thank you again for your request for pensive. Other items like shampoo, cleaners, are inventors out there with ideas for cars input. I look forward to seeing the Senate clothing, and medications have increased too powered by something other than gasoline, and House take positive long term steps for with no end in sight. Even if they gave up besides the natural gas and hydrogen, that the ‘‘every day’’ citizens of our nation. the cable tv, drinking, smoking and any- are not being given the opportunity to mass PETE, Ontario, Oregon. thing extra, they can barely make it now. market their ideas. It looks to me like we Sometimes I feel guilty for moving out and have chosen to be dependent on oil and that Not too long ago (21⁄2 years), I remember trying to create our own household and fam- car companies refuse to look for alternatives buying gasoline for less than $2 a gallon. I ily. A child should be able to move out, make to gasoline powered cars. Honda may be drive a Honda Civic and also have a Dodge it with a supposedly ‘living wage job’ (which making the alternative fuel cars, but they Dakota that I use during the winter months is rare and far in-between in the state of are not making the cars available to the when four-wheel drive is needed to get up Idaho) and not have to either run back to the masses, although Honda does not build hy- and down my mountain road. I put the most parents because the economy has sunk to the drogen or natural gas gas stations. Without miles on my Honda by far. black hole of doom or have the parents move easy access to the fuel need for the hydro- Buying gasoline at $4 a gallon has now be- in with them because they are not capable of gen, natural gas, and even the electric car come a major monthly expense, requiring me supporting themselves in the same economy. then you are not truly giving the consumer to cut back spending in other areas such as

VerDate Nov 24 2008 02:07 Feb 27, 2009 Jkt 079060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\CR\FM\G26FE6.056 S26FEPT1 smartinez on PROD1PC64 with SENATE S2556 CONGRESSIONAL RECORD — SENATE February 26, 2009 eating out, vacations, purchasing household These are dreams that only you and your Then there are the years that come goods and home improvements. While it is fellow elected officials can make a reality! along once in a generation, when we easy to blame the oil companies, I do not feel We voted for you so that you will hear the look at where the country has been and that is fair. I believe a combination of envi- voice of the people and do what we ask. You recognize that we need a break from a ronmentalists, the media and [the] global are there working for the people that voted warming myth are more to blame. 31,000 sci- for you. Make a difference. Make Idaho a troubled past, that the problems we entists have gone on the record to debunk self-sufficient, self-reliant state. face demand that we begin charting a the global warming myth yet it is still very S.L. new path. This is one of those years. much alive in the media and being crammed We start 2009 in the midst of a crisis into grade school children’s minds. The EPA I am an independent small business owner. unlike any we have seen in our life- has forced oil companies to produce some- Since my profit margins are tiny the high times. Our economy is in a deep reces- thing like 19 different grades of unleaded gas. price of gas and diesel are causing me to con- This is ludicrous. sider closing my business. sion that threatens to be deeper and There is no significant manmade global Drill here, drill now, build refineries now. longer than any since the Great De- warming. There has not been any in the past, Build nuclear power plants now. pression. More than three and a half there is none now and there is no reason to VAL, Council. million jobs were lost over the past 13 fear any in the future. The climate of Earth months, more jobs than at any time is changing. It has always changed. But man- I think it is about time that Americans be- since World War II. In addition, an- kind’s activities have not overwhelmed or came aware of their energy usage and exces- other 8.8 million Americans who want significantly modified the natural forces. I sive waste of a limited resource. We should believe there is a direct connection between have been paying high fuel prices for many and need full-time work have had to global warming and four dollar a gallon gas. years with a tax being used for research and settle for part-time jobs. Manufac- Ethanol is not the answer—it is just screw- support of alternative technologies. En- turing employment has hit a 60-year ing up our food supply chain. hanced domestic production and expanded low. Our capital markets are virtually ANTHONY, Sandpoint. refinery capacity is not the answer to a long frozen, making it difficult for busi- term problem. nesses to grow and for families to bor- Energy costs have resulted in our doing BILL, Hailey. without or not going to some of the places row money to afford a home, car, or we use to frequent. My wife and I are on So- Please do not vote in favor of lifting the college education for their kids. Many cial Security and therefore have a set in- offshore drilling ban nor in favor of drilling families cannot pay their bills or their come. We are just not able to buy food and in any wildlife refuge. Supply is not the mortgage payments. Trillions of dol- buy fuel for our vehicles. We are hoping Con- problem in this price run-up. New drilling lars of wealth have been wiped out, gress will do the common sense thing and will only benefit those in a position to profit leaving many workers with little or ‘‘drill here, drill now and pay less’’. They from the further exclusive use of petroleum, nothing as they approach retirement. simply must stop catering to the environ- not the average consumer. mentalists and do what is right for America. And millions of Americans are unsure We cannot undevelop wildlife areas, and it about the future—if their job will be As a senior member of the United States is impossible to unspill oil. I grew up on the Senate, we are asking you to not only do the California coast, where offshore drilling was there tomorrow, if their children will things you say you are going to do for the underway. Certain beaches were continually be able to go to college, and if their people of Idaho but be a leader and get the contaminated. We had to use, ironically, gas- grandchildren will be able to realize Senate back to Conservatism. oline to get the oil off our feet at the end of the full promise of America. JERRY and TEDDI, Homedale. the day. This crisis is neither the result of a Again, please do not vote in favor of fur- I was born and raised in Idaho and I live normal turn of the business cycle nor ther drilling. Please do encourage develop- here still. It is amazing how this state has ment of alternatives to petroleum. Thank an accident of history. We arrived at changed in just the last 10 years. you. this point as a result of an era of pro- The cost of fuel is insane. Raising the found irresponsibility that engulfed prices is not going to replenish the world’s NANCY, Boise. natural resources. We need to utilize the both private and public institutions wind that blows nearly constantly through What I cannot understand is why our gov- from some of our largest companies’ our state, we need to open more ethanol ernment is so blind to how the price of fuel executive suites to the seats of power plants in Idaho and ship that fuel within is affecting all of America. And still the big in Washington, D.C. For decades, too oil companies are making huge profits, actu- Idaho. We need to give tax breaks to people many on Wall Street threw caution to who add solar power to their homes/busi- ally obscene profits. I know their stockholders want to make a profit—but at the ex- the wind, chased profits with blind op- nesses. All government buildings need to be timism and little regard for serious solar powered. pense of the entire economy? The only way people are going to slow the Can you name one thing that you get that risks—and with even less regard for the destruction of our planet is by changing to does not come by truck? The airlines are public good. Lenders made loans with- using hydro power, wind power, solar power. dropping like flies. The average driver can out concern for whether borrowers My family has resorted to sharing hot hardly afford to drive to work and essential could repay them. Inadequately in- water to bathe and not using the air condi- places, let alone extra driving. Cannot you formed of the risks and overwhelmed see how this is a huge hurt to the American tioning unless absolutely necessary. We have by fine print, many borrowers took on begun to ride bicycles to the grocery store to family? pick up milk and bread because the fuel is KATHIE, Melba. debt they could not really afford. And too precious for a small trip for the ever-nec- f those in authority turned a blind eye essary milk. to this risk-taking; they forgot that Idaho needs more 5 lane roads to get across BUDGET OF THE UNITED STATES markets work best when there is trans- the Treasure Valley. Idaho needs better pub- GOVERNMENT FOR FISCAL YEAR parency and accountability and when lic transit. Idaho needs a passenger train 2009—PM 9 the rules of the road are both fair and with stops from Caldwell, to Nampa, Kuna, Star, Eagle, Meridian, Boise * * * and nu- The PRESIDING OFFICER laid be- vigorously enforced. For years, a lack merous stops in each of those towns. Imagine fore the Senate the following message of transparency created a situation in with me for a moment * * * a train system from the President of the United which serious economic dangers were with branches and stops criss-crossing the States, together with an accompanying visible to all too few. Treasure Valley, and then public buses with report; which was referred jointly, pur- This irresponsibility precipitated the routes that cover the areas that the train suant to the order of January 30, 1975 interlocking housing and financial cri- cannot go. You, Senator, could take the as modified by the order of April 11, train to a bus stop and catch a bus to the ses that triggered this recession. But Statehouse! Just think about the jobs that 1986; to the Committees on the Budget; the roots of the problems we face run the buses would create, and the trains * * * and Appropriations: deeper. Government has failed to fully the traffic would be lighter on the interstate. PRESIDENT’S MESSAGE confront the deep, systemic problems Treasure Valley also needs a belt route Throughout America’s history, there that year after year have only become that take big trucks out of the way. A route have been some years that appeared to a larger and larger drag on our econ- that starts south of Eiseman Rd and travels roll into the next without much notice omy. From the rising costs of health west but stays south of Kuna and then heads north to reconnect with I84 west of Caldwell. or fanfare. Budgets are proposed that care to the state of our schools, from That would make I84 through Ada and Can- offer some new programs or eliminate the need to revolutionize how we power yon county safer to travel and again reduc- an initiative, but by and large con- our economy to our crumbling infra- ing tons of congestion and traffic. tinuity reigns. structure, policymakers in Washington

VerDate Nov 24 2008 03:14 Feb 27, 2009 Jkt 079060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\CR\FM\A26FE6.074 S26FEPT1 smartinez on PROD1PC64 with SENATE February 26, 2009 CONGRESSIONAL RECORD — SENATE S2557 have chosen temporary fixes over last- We also will fundamentally reform our continue the budgetary process, we will ing solutions. health care system, delivering quality identify more cuts and reallocations The time has come to usher in a new care to more Americans while reducing for the full Budget presented this era—a new era of responsibility in costs for us all. This will make our spring, and undertake efforts to reform which we act not only to save and cre- businesses more competitive and ease a how the programs you fund are man- ate new jobs, but also to lay a new significant and growing burden middle- aged so that overruns are avoided, foundation of growth upon which we class families are bearing. waste is cut, and you get the most ef- can renew the promise of America. To give our children a fair shot to fective and efficient Government pos- This Budget is a first step in that thrive in a global, information-age sible. journey. It lays out for the American economy, we will equip thousands of people the extent of the crisis we inher- schools, community colleges, and uni- In the little more than a month my ited, the steps we will take to versities with 21st Century classrooms, Administration has had in office, we jumpstart our economy to create new labs, and libraries. We’ll provide new have not had the time to fully execute jobs, and our plans to transform our technology and new training for teach- all the budget reforms that are needed, economy for the 21st Century to give ers so that students in Chicago and and to which I am fully committed. our children and grandchildren the Boston can compete with kids in Bei- Those will come in the months ahead, fruits of many years of economic jing for the high-tech, high-wage jobs and next year’s budget process will growth. of the future. We will invest in innova- look much different. It is true that we cannot depend on tion, and open the doors of college to But this Budget does begin the hard government alone to create jobs or to millions of students. We will pursue work of bringing new levels of honesty generate long-term growth. Ours is a new reforms—lifting standards in our and fairness to your Government. It market economy, and the Nation de- schools and recruiting, training, and looks ahead a full 10 years, making pends on the energy and initiative of rewarding a new generation of teach- good-faith estimates about what costs private institutions and individuals. ers. And in an era of skyrocketing col- we would incur; and it accounts for But at this particular moment, govern- lege tuitions, we will make sure that items that under the old rules could ment must lead the way in providing the doors of college remain open to have been left out, making it appear the short-term boost necessary to lift children from all walks of life. that we had billions more to spend us from a recession this severe and lay To create a platform for our entre- than we really do. The Budget also be- the foundation for future prosperity. preneurs and workers to build an econ- gins to restore a basic sense of fairness That’s why immediately upon taking omy that can lead this future, we will to the tax code, eliminating incentives office, my Administration worked with begin to rebuild America for the de- for companies that ship jobs overseas the Congress to pass the American Re- mands of the 21st Century. We will re- and giving a generous package of tax pair crumbling roads, bridges, and covery and Reinvestment Act. This cuts to 95 percent of working families. plan’s provisions will put money in the schools as well as expand broadband pockets of the American people, save lines across America, so that a small Finally, while we have inherited or create at least three and a half mil- business in a rural town can connect record budget deficits and needed to lion jobs, and help to revive our econ- and compete with its counterparts any- pass a massive recovery and reinvest- omy. where in the world. And we will invest ment plan to try to jump-start our This moment is one of great paradox in the science, research, and tech- economy out of recession, we cannot and promise: while there are millions nology that will lead to new medical lose sight of the long-run challenges of Americans trying to find work, there breakthroughs, new discoveries, and that our country faces and that threat- is also so much work to be done. That’s entire new industries. en our economic health—specifically, why the Recovery Act and our Budget Regaining our economic strength the trillions of dollars of debt that we will make long overdue investments in also is critical to our national security. inherited, the rising costs of health priorities—like clean energy, edu- It is a major source of our global lead- care, and the growing obligations of cation, health care, and a new infra- ership, and we must not let it waver. Social Security. Therefore, while our structure—that are necessary to keep That’s why this Budget makes critical Budget will run deficits, we must begin us strong and competitive in the 21st investments in rebuilding our military, the process of making the tough Century. securing our homeland, and expanding choices necessary to restore fiscal dis- To finally spark the creation of a our diplomatic efforts because to pro- cipline, cut the deficit in half by the clean energy economy, we will make vide for the security of the United end of my first term in office, and put the investments in the next three years States we need to use all elements of our Nation on sound fiscal footing. to double our Nation’s renewable en- our power. Moreover, to honor the Some may look at what faces our Na- ergy capacity. We will modernize Fed- service of those who have worn our tion and believe that America’s great- eral buildings and improve the energy military’s uniform, we will make the est days are behind it. They are wrong. efficiency of millions of American investments necessary to take care of homes, saving consumers and tax- our veterans. Our problems are rooted in past mis- payers billions on our energy bills. In For these initiatives to lay a founda- takes, not our capacity for future the process, we will put Americans to tion for long-term economic growth, greatness. We should never forget that work in new jobs that pay well—jobs it’s important that we not only change our workers are more innovative and installing solar panels and wind tur- what Washington invests in, but how industrious than any on earth. Our uni- bines; constructing energy efficient Washington does business. We must versities are still the envy of the world. buildings; manufacturing fuel efficient usher in a new era of responsibility in We are still home to the most brilliant vehicles; and developing the new en- which we empower citizens with the in- minds, the most creative entre- ergy technologies that will lead to even formation they need to hold their preneurs, and the most advanced tech- more jobs and more savings, putting us elected representatives accountable for nology and innovation that history has on the path toward energy independ- the decisions they make. We need to ever known. And we are still the Na- ence for our Nation and a cleaner, safer put tired ideologies aside, and ask not tion that has overcome great fears and planet in the process. whether our Government is too big or improbable odds. It will take time, but To improve the quality of our health too small, or whether it is the problem we can bring change to America. We care while lowering its cost, we will or the solution, but whether it is work- can rebuild that lost trust and con- make the immediate investments needing for the American people. Where it fidence. We can restore opportunity ed to computerize all of America’s does not, we will stop spending tax- and prosperity. And we can bring about medical records within five years while payer dollars; where it has proven to be a new sense of responsibility among protecting the privacy of patients. This effective, we will invest. This is the ap- Americans from every walk of life and is a necessary step to reducing waste, proach, for example, we have begun in from every corner of the country. eliminating red tape, and avoiding the allocating funds to education, health BARACK OBAMA. need to repeat expensive medical tests. care, and national security. And as we THE WHITE HOUSE, February 26, 2009.

VerDate Nov 24 2008 02:07 Feb 27, 2009 Jkt 079060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\CR\FM\A26FE6.055 S26FEPT1 smartinez on PROD1PC64 with SENATE S2558 CONGRESSIONAL RECORD — SENATE February 26, 2009 MESSAGES FROM THE HOUSE and second times by unanimous con- By Mr. CARDIN (for himself and Mr. sent, and referred as indicated: SPECTER): At 2:02 p.m., a message from the S. 495. A bill to increase public confidence By Mr. BURR (for himself and Mr. KEN- House of Representatives, delivered by in the justice system and address any unwar- NEDY): Mrs. Cole, one of its reading clerks, an- ranted racial and ethnic disparities in the S. 485. A bill to reauthorize the Select nounced that pursuant to section 2(a) criminal process; to the Committee on the Agent Program by amending the Public Judiciary. of the National Cultural Center Act (20 Health Service Act and the Agriculture Bio- By Ms. CANTWELL (for herself, Mr. U.S.C. 76h(a)), amended by Public Law terrorism Protection Act of 2002 and to im- HATCH, and Mr. CASEY): 107–117, and the order of the House of prove oversight of high containment labora- S. 496. A bill to provide duty-free treat- tories; to the Committee on Health, Edu- January 6, 2009, the Speaker appoints ment for certain goods from designated Re- cation, Labor, and Pensions. the following members of the House of construction Opportunity Zones in Afghani- By Mr. SANDERS (for himself, Mr. Representatives to the Board of Trust- stan and Pakistan, and for other purposes; to BEGICH, Mr. BINGAMAN, Mrs. BOXER, ees of the John F. Kennedy Center for the Committee on Finance. Mr. BROWN, Mr. BURRIS, Mr. CARDIN, the Performing Arts: Mr. KENNEDY of By Mr. DURBIN: Mr. CASEY, Mr. DURBIN, Mr. HARKIN, S. 497. A bill to amend the Public Health Rhode Island, Ms. DELAURO of Con- Mr. INOUYE, Mr. KENNEDY, Mr. Service Act to authorize capitation grants to necticut, Mr. BLUNT of Missouri. KERRY, Mr. JOHNSON, Mr. LEAHY, Mr. increase the number of nursing faculty and MENENDEZ, Mr. MERKLEY, Ms. MIKUL- f students, and for other purposes; to the Com- SKI, Mr. SCHUMER, Ms. STABENOW, Mr. mittee on Health, Education, Labor, and ENROLLED BILL SIGNED TESTER, and Mr. WYDEN): Pensions. S. 486. A bill to achieve access to com- At 2:58 p.m., a message from the By Mr. BURR: prehensive primary health care services for House of Representatives, delivered by S. 498. A bill to amend title 38, United all Americans and to reform the organiza- States Code, to authorize dental insurance Mr. Zapata, one of its reading clerks, tion of primary care delivery through an ex- for veterans and survivors and dependents of announced that the Speaker has signed pansion of the Community Health Center veterans, and for other purposes; to the Com- the following enrolled bill: and National Health Service Corps programs; mittee on Veterans’ Affairs. to the Committee on Health, Education, S. 234. An act to designate the facility of By Mr. WYDEN: the United States Postal Service located at Labor, and Pensions. S. 499. A bill to amend the Energy Policy 2105 East Cook Street in Springfield, Illinois, By Mr. HARKIN (for himself, Mr. SPEC- Act of 2005 to repeal the ultra-deepwater and as the ‘‘Colonel John H. Wilson, Jr. Post Of- TER, Mr. KENNEDY, Mr. HATCH, Mrs. unconventional onshore natural gas and fice Building’’. FEINSTEIN, and Mr. REID): other petroleum research and development S. 487. A bill to amend the Public Health The enrolled bill was subsequently program; to the Committee on Energy and Service Act to provide for human embryonic Natural Resources. signed by the President pro tempore stem cell research; to the Committee on (Mr. BYRD). By Mr. DURBIN: Health, Education, Labor, and Pensions. S. 500. A bill to amend the Truth in Lend- f By Mr. BROWN: ing Act to establish a national usury rate for S. 488. A bill to amend the Public Health consumer credit transactions; to the Com- MEASURES PLACED ON THE Service Act, the Employee Retirement In- mittee on Banking, Housing, and Urban Af- come Security Act of 1974, and the Internal CALENDAR fairs. Revenue Code of 1986 to require group and in- The following bills were read the sec- By Mr. ROCKEFELLER (for himself, dividual health insurance coverage and Mr. SCHUMER, Mr. KOHL, Mr. LEAHY, ond time, and placed on the calendar: group health plans to provide coverage for S. 478. A bill to amend the National Labor Mr. BROWN, and Mr. INOUYE): individuals participating in approved cancer S. 501. A bill to amend the Federal Food, Relations Act to ensure the right of employ- clinical trials; to the Committee on Health, Drug, and Cosmetic Act to prohibit the mar- ees to a secret-ballot election conducted by Education, Labor, and Pensions. keting of authorized generic drugs; to the the National Labor Relations Board. By Mr. VITTER: Committee on Health, Education, Labor, and S. 482. A bill to require Senate candidates S. 489. A bill to amend the Migratory Bird Pensions. to file designations, statements, and reports Treaty Act to authorize hunting under cer- in electronic form. tain circumstances; to the Committee on En- f H.R. 1105. An act making omnibus appro- vironment and Public Works. SUBMISSION OF CONCURRENT AND priations for the fiscal year ending Sep- By Mrs. HUTCHISON: SENATE RESOLUTIONS tember 30, 2009, and for other purposes. S. 490. A bill to amend title II of the Social f Security Act to repeal the windfall elimi- The following concurrent resolutions nation provision and protect the retirement and Senate resolutions were read, and ENROLLED BILL PRESENTED of public servants; to the Committee on Fi- referred (or acted upon), as indicated: The Secretary of the Senate reported nance. By Mr. BAUCUS (for himself, Mr. By Mr. WEBB (for himself, Mr. BURR, that on February 26, 2009, she had pre- LEAHY, Mr. ISAKSON, Mr. TESTER, Mr. Ms. COLLINS, Mr. WARNER, Mr. DUR- KENNEDY, Mr. DURBIN, Mr. REID, Mrs. sented to the President of the United BIN, Mr. CARDIN, Mr. ROCKEFELLER, FEINSTEIN, and Mrs. MURRAY): States the following enrolled bill: Mr. AKAKA, Mr. DODD, Mr. BUNNING, S. Res. 57. A resolution designating the S. 234. An act to designate the facility of and Mr. KERRY): first week of April 2009 as ‘‘National Asbes- the United States Postal Service located at S. 491. A bill to amend the Internal Rev- tos Awareness Week’’; to the Committee on 2105 East Cook Street in Springfield, Illinois, enue Code of 1986 to allow Federal civilian the Judiciary. as the ‘‘Colonel John H. Wilson, Jr. Post Of- and military retirees to pay health insurance By Mr. WHITEHOUSE (for himself, Mr. fice Building’’. premiums on a pretax basis and to allow a COCHRAN, Mr. KERRY, Ms. LANDRIEU, deduction for TRICARE supplemental pre- f Mr. BROWN, Mr. LAUTENBERG, Mrs. miums; to the Committee on Finance. MURRAY, Mrs. LINCOLN, Mr. KENNEDY, EXECUTIVE REPORT OF By Mr. JOHNSON (for himself and Mr. and Mr. FEINGOLD): COMMITTEE THUNE): S. Res. 58. A resolution designating the S. 492. A bill to amend the Social Security week of March 1 through March 8, 2009, as The following executive report of a Act and the Internal Revenue Code of 1986 to ‘‘School Social Work Week’’; to the Com- nomination was submitted: exempt certain employment as a member of mittee on the Judiciary. a local governing board, commission, or By Mr. LEAHY for the Committee on the f Judiciary. committee from social security tax cov- David W. Ogden, of Virginia, to be Deputy erage; to the Committee on Finance. ADDITIONAL COSPONSORS By Mr. CASEY (for himself, Mr. HATCH, Attorney General. S. 21 Mr. DODD, Mr. BURR, Mr. KENNEDY, (Nominations without an asterisk and Mr. BROWNBACK): At the request of Mr. REID, the name were reported with the recommenda- S. 493. A bill to amend the Internal Rev- of the Senator from New York (Mr. tion that they be confirmed.) enue Code of 1986 to provide for the estab- SCHUMER) was added as a cosponsor of f lishment of ABLE accounts for the care of S. 21, a bill to reduce unintended preg- family members with disabilities, and for nancy, reduce abortions, and improve INTRODUCTION OF BILLS AND other purposes; to the Committee on Fi- access to women’s health care. JOINT RESOLUTIONS nance. By Mr. CHAMBLISS: S. 245 The following bills and joint resolu- S. 494. A bill for the relief of Salah Naji At the request of Mr. KOHL, the name tions were introduced, read the first Sujaa; to the Committee on the Judiciary. of the Senator from Oregon (Mr.

VerDate Nov 24 2008 02:07 Feb 27, 2009 Jkt 079060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\CR\FM\A26FE6.056 S26FEPT1 smartinez on PROD1PC64 with SENATE February 26, 2009 CONGRESSIONAL RECORD — SENATE S2559 WYDEN) was added as a cosponsor of S. hibit the importation, exportation, STATEMENTS ON INTRODUCED 245, a bill to expand, train, and support transportation, and sale, receipt, ac- BILLS AND JOINT RESOLUTIONS all sectors of the health care workforce quisition, or purchase in interstate or By Mr. BURR (for himself and to care for the growing population of foreign commerce, of any live animal Mr. KENNEDY): older individuals in the United States. of any prohibited wildlife species, and S. 485. A bill to reauthorize the Se- S. 345 for other purposes. lect Agent Program by amending the At the request of Mr. LUGAR, the S. 473 Public Health Service Act and the Ag- names of the Senator from Florida (Mr. At the request of Mr. DURBIN, the riculture Bioterrorism Protection Act NELSON) and the Senator from Wash- names of the Senator from Arkansas of 2002 and to improve oversight of high ington (Mrs. MURRAY) were added as (Mr. PRYOR) and the Senator from Ohio containment laboratories; to the Com- cosponsors of S. 345, a bill to reauthor- (Mr. BROWN) were added as cosponsors mittee on Health, Education, Labor, ize the Tropical Forest Conservation of S. 473, a bill to establish the Senator and Pensions. Act of 1998 through fiscal year 2012, to Paul Simon Study Abroad Foundation. Mr. BURR. Mr. President, I rise rename the Tropical Forest Conserva- today in support of S. 485, the Select tion Act of 1998 as the ‘‘Tropical Forest S. 482 Agent Program and Biosafety Improve- and Coral Conservation Act of 2009’’, At the request of Mr. FEINGOLD, the ment Act of 2009. Today, I reintroduced and for other purposes. name of the Senator from Georgia (Mr. this important legislation with my S. 371 CHAMBLISS) was added as a cosponsor of friend Senator TED KENNEDY. We first S. 482, a bill to require Senate can- introduced this bill in June 2008. I At the request of Mr. THUNE, the thank my colleague from Massachu- name of the Senator from Wyoming didates to file designations, statements, and reports in electronic form. setts for his partnership. I enjoyed (Mr. BARRASSO) was added as a cospon- working closely with him in the 109th sor of S. 371, a bill to amend chapter 44 S. RES. 49 Congress on the Pandemic and All-Haz- of title 18, United States Code, to allow At the request of Mr. LUGAR, the ards Preparedness Act, which was citizens who have concealed carry per- name of the Senator from Massachu- signed into law in December 2006. He mits from the State in which they re- setts (Mr. KERRY) was added as a co- continues to be one of the great leaders side to carry concealed firearms in an- sponsor of S. Res. 49, a resolution to ex- in the United States Senate, and I look other State that grants concealed press the sense of the Senate regarding forward to continuing to work with carry permits, if the individual com- the importance of public diplomacy. him to ensure our laws protect the plies with the laws of the State. AMENDMENT NO. 573 American people from health threats of S. 422 At the request of Mr. DEMINT, the all kinds. At the request of Ms. STABENOW, the names of the Senator from Louisiana This bill will enhance our nation’s name of the Senator from South Da- (Mr. VITTER), the Senator from Okla- biosecurity and improve the biosafety kota (Mr. JOHNSON) was added as a co- homa (Mr. INHOFE), the Senator from of our most secure laboratories. We sponsor of S. 422, a bill to amend the Mississippi (Mr. WICKER), the Senator must do everything we can to make Federal Food, Drug, and Cosmetic Act from Missouri (Mr. BOND), the Senator sure that biological agents and toxins and the Public Health Service Act to from Utah (Mr. BENNETT), the Senator that could present a serious threat to improve the prevention, diagnosis, and from Wyoming (Mr. ENZI), the Senator public health are kept safe and secure treatment of heart disease, stroke, and from Wyoming (Mr. BARRASSO), the in containment laboratories and out of other cardiovascular diseases in Senator from Kansas (Mr. BROWNBACK) the hands of terrorists. women. and the Senator from Tennessee (Mr. In December 2008; 6 months after we S. 428 ALEXANDER) were added as cosponsors introduced this legislation for the first At the request of Mr. DORGAN, the of amendment No. 573 proposed to S. time, the bipartisan Commission on name of the Senator from California 160, a bill to provide the District of Co- the Prevention of WMD Proliferation (Mrs. FEINSTEIN) was added as a columbia a voting seat and the State of and Terrorism reported it is ‘‘more sponsor of S. 428, a bill to allow travel Utah an additional seat in the House of likely than not’’ that a weapon of mass between the United States and Cuba. Representatives. destruction will be used in a terrorist S. 454 attack by the end of 2013. The Commis- AMENDMENT NO. 575 sion’s report, World at Risk, found that At the request of Mr. LEVIN, the At the request of Mr. ENSIGN, the names of the Senator from Delaware terrorists are more likely to obtain and name of the Senator from Wyoming use a biological weapon than a nuclear (Mr. CARPER) and the Senator from (Mr. BARRASSO) was added as a cospon- weapon and, therefore, the U.S. govern- Florida (Mr. NELSON) were added as co- sor of amendment No. 575 proposed to sponsors of S. 454, a bill to improve the ment should make bioterrorism a high- S. 160, a bill to provide the District of er priority. According to the report, organization and procedures of the De- Columbia a voting seat and the State partment of Defense for the acquisition ‘‘Only by elevating the priority of the of Utah an additional seat in the House biological weapons threat will it be of major weapon systems, and for other of Representatives. purposes. possible to bring about substantial im- AMENDMENT NO. 579 provements in global biosecurity.’’ S. 456 At the request of Mr. THUNE, the Many of the specific recommendations At the request of Mr. DODD, the name contained in that report are reflected of the Senator from Vermont (Mr. names of the Senator from Wyoming (Mr. BARRASSO) and the Senator from in this legislation. SANDERS) was added as a cosponsor of S. 485 achieves two overarching S. 456, a bill to direct the Secretary of Kansas (Mr. ROBERTS) were added as cosponsors of amendment No. 579 pro- goals. First, it reauthorizes and im- Health and Human Services, in con- proves the Select Agent Program. This sultation with the Secretary of Edu- posed to S. 160, a bill to provide the District of Columbia a voting seat and program was created in the 1990s to cation, to develop guidelines to be used control the transfer of certain dan- on a voluntary basis to develop plans the State of Utah an additional seat in the House of Representatives. gerous biological agents and toxins to manage the risk of food allergy and that could be used for bioterrorism. anaphylaxis in schools and early child- AMENDMENT NO. 587 The program expanded after the an- hood education programs, to establish At the request of Mr. ENSIGN, the thrax attacks in 2001; however, the au- school-based food allergy management names of the Senator from South Caro- thorization expired at the end of Sep- grants, and for other purposes. lina (Mr. DEMINT) and the Senator tember 2007. S. 462 from Kansas (Mr. BROWNBACK) were Second, the bill evaluates and en- At the request of Mrs. BOXER, the added as cosponsors of amendment No. hances the safety and oversight of high name of the Senator from Connecticut 587 proposed to S. 160, a bill to provide containment laboratories. These lab- (Mr. LIEBERMAN) was added as a co- the District of Columbia a voting seat oratories are used by scientists to sponsor of S. 462, a bill to amend the and the State of Utah an additional study select agents and other infec- Lacey Act Amendments of 1981 to pro- seat in the House of Representatives. tious materials. Labs are categorized

VerDate Nov 24 2008 02:07 Feb 27, 2009 Jkt 079060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\CR\FM\A26FE6.061 S26FEPT1 smartinez on PROD1PC64 with SENATE S2560 CONGRESSIONAL RECORD — SENATE February 26, 2009 by their safety level. There are four them more deadly. Highly infectious priately maintained. It is essential levels, termed Biosafety Level—BSL—1 viruses or bacteria that are otherwise that laboratory workers and the public through 4, with 4 being the highest difficult to obtain can now be created can be assured that these facilities are level. The number of these labs has by scientists using ‘‘synthetic as safe as possible. If the guidance we grown, both domestically and inter- genomics.’’ In addition, we now have currently have in place is not ade- nationally, in the last several years. more information from the Department quate, then we need to know how to The Select Agent Program is jointly of Homeland Security—DHS—about improve it. In addition, the recent re- administered by the U.S. Department the threat posed by certain bioter- port by the WMD Commission called of Health and Human Services HHS rorism agents. for HHS and DHS to lead an inter- Centers for Disease Control and Pre- In 2002, U.S. researchers assembled agency effort to tighten government vention—CDC—and the U.S. Depart- the first synthetic virus using the ge- oversight of high-containment labs. ment of Agriculture’s—USDA—Animal nome sequence for polio. Later, in 2005 Second, the bill improves training for and Plant Health Inspection Service— scientists reconstructed the 1918 Pan- laboratory workers. The WMD Com- APHIS. The program was intended to demic Influenza virus. Then in January mission report also called for standard prevent terrorism, and protect public 2008, ‘‘safe’’ form of Ebola was created biosafety and biosecurity training for and animal health and safety, while synthetically. While this ‘‘safe’’ Ebola all personnel who work in high-con- not hampering important life-saving can be used for legitimate research to tainment labs and funding the develop- research. This is an obvious struggle develop drugs and vaccines to protect ment of such educational materials. As that requires careful consideration, against it, a scientist could also change the number of laboratories and per- particularly when science is rapidly ad- it back to its lethal form. Also, earlier sonnel increases, we must ensure work- vancing around the globe. this year, advancements in technology ers are appropriately trained. Acci- Under the USA PATRIOT Act, it is yielded the first synthetic bacterial ge- dents and injuries in the lab, such as illegal to possess ‘‘select agents’’ for nome. chemical burns and flask explosions, reasons other than legitimate research. We must consider these scientific ad- may result from improper use of equip- The Public Health Security and Bioter- vances, including genetically modified ment. Our bill develops a set of min- rorism Preparedness and Response Act organisms and agents created syn- imum standards for training labora- of 2002 further required laboratories thetically, if we are to address all tory personnel in biosafety and bio- and laboratory personnel to undergo agents of concern. In addition, DHS’s security, and encourages HHS and background checks by the FBI prior to recent bioterrorism risk assessments USDA to disseminate these training approval for possession of select provide new information for our assess- standards for voluntary use in other agents. As of February 2009, there are ment of biological threats. This infor- countries. 82 select agents, meaning the agents mation should also be considered when Finally, the bill establishes a vol- pose a severe threat to public or ani- determining which agents and toxins untary Biological Laboratory Incident mal health and safety. Thirteen of should be regulated. Reporting System. This system will en- these agents are found naturally in the Next, the bill encourages sharing in- courage personnel to report biosafety United States. There are 336 entities formation with state officials to enable and biosecurity incidents of concern and 10,463 individuals registered with more effective emergency state plan- and thereby allow us to learn from one the CDC to work with select agents and ning. State health officials are cur- another. Similar to the Aviation Safe- toxins, and 64 entities and 4,149 individ- rently not made aware of which agents ty Reporting System, which gathers in- uals registered with APHIS. are being studied within their state. formation on aviation accidents, this We take four key actions in S. 485 to This leaves medical responders, public system will help identify trends in bio- strengthen the Select Agent Program. health personnel, and animal health of- safety and biosecurity incidents of con- First, our legislation reauthorizes ficials unprepared for a potential re- cern and develop new protocols for the program through 2014 and calls for lease, whether accidental or inten- safety and security improvements. Lab a comprehensive evaluation of the pro- tional. exposures to pathogens not on the se- gram. The review, to be conducted by Lastly, S. 485 clarifies the statutory lect agent list will also be captured the National Academy of Sciences, will definition of smallpox. The Intelligence through this type of voluntary report- look at the effects of the program on and Terrorism Prevention Act of 2004 ing system. The WMD Commission rec- international scientific collaboration criminalized the use of variola virus, ommended promoting a culture of se- and domestic scientific advances. This the agent that causes smallpox. The curity awareness in the life sciences is timely because the WMD Commis- statutory definition of the virus in- community and establishing whistle- sion recently suggested the need for an cludes agents that are 85 percent iden- blower mechanisms within the life interagency review of the Select Agent tical to the causative strain. Research- sciences community so that scientists Program and its impact on biological ers are worried this could be inter- can report their concerns about safety security and legitimate scientific re- preted to also include the safer strain and security without risk of retalia- search. Historically, the United States used to develop the smallpox vaccine, tion. We believe such a reporting sys- has been an international leader in bio- as well as less harmful naturally occur- tem would help fulfill this rec- security. In fact, last year Canada pro- ring viruses. This sort of ambiguity ommendation. posed legislation to tighten safety and could be detrimental to necessary med- In closing, I encourage my Senate access to pathogens and toxins of con- ical countermeasure research and de- colleagues to join Senator KENNEDY cern for bioterrorism. Canada’s legisla- velopment. Our bill requires the Attor- and me as we work to improve our nation, which was reintroduced earlier ney General to issue guidance clari- tion’s biosecurity and biosafety sys- this month, would establish a manda- fying the interpretation of this defini- tems by passing S. 485, the Select tory licensing system to track human tion. Agent and Biosafety Improvement Act pathogens, similar to our Select Agent In addition, in this legislation we of 2009. I want to thank the many re- Program. It also ensures compliance take three key actions to evaluate and searchers, scientists, and state health with the country’s Laboratory Bio- enhance the safety and oversight of officials from across the country who safety Guidelines across the country. high containment laboratories. shared with me and my staff their Second, the bill ensures a comprehen- First, our bill evaluates existing ideas, experiences, and recommenda- sive list of select agents. Currently, oversight of BSL 3 and 4, or high con- tions. In this time of exciting scientific CDC and APHIS develop a list of agents tainment, labs. The bill requires an as- advances, we must ensure our laws and and toxins to which the program regu- sessment of whether current guidance prevention programs are updated to relations apply. However, we believe on infrastructure, commissioning, op- flect current conditions. In addition, some additional factors should be con- eration, and maintenance of these labs we must remain vigilant in our efforts sidered in revising the list. For exam- is adequate. As I mentioned, the num- to protect the American people from ple, scientific developments now make ber of these labs is increasing around bioterrorism. The Select Agent Pro- it possible to create agents from the globe. As these new facilities age, gram is an important part of ensuring scratch or to modify them and make we need to make sure they are appro- the nation’s safety and security, and I

VerDate Nov 24 2008 02:07 Feb 27, 2009 Jkt 079060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\CR\FM\A26FE6.062 S26FEPT1 smartinez on PROD1PC64 with SENATE February 26, 2009 CONGRESSIONAL RECORD — SENATE S2561 look forward to working with my col- Corps is one of the important health health counseling. On top of that, com- leagues to reauthorize and improve the programs we have in this country be- munity health centers provide the low- program. cause it provides debt forgiveness and est cost of prescription drugs in the scholarships for young physicians so United States of America. By Mr. SANDERS (for himself, they can go out and serve in under- Today, there are approximately 1,100 Mr. BEGICH, Mr. BINGAMAN, Mrs. served areas. community health centers all over BOXER, Mr. BROWN, Mr. BURRIS, Many medical school graduates are America. In my State of Vermont, we Mr. CARDIN, Mr. CASEY, Mr. leaving school $100,000, $150,000 in debt, have gone from 2 to 7 in the last 5 DURBIN, Mr. HARKIN, Mr. and they have no choice but to end up years, and they are now providing INOUYE, Mr. KENNEDY, Mr. becoming specialists, making a whole health care to over 80,000 Vermonters. KERRY, Mr. JOHNSON, Mr. lot of money in order to pay back those We have 1,100 in this country today. LEAHY, Mr. MENENDEZ, Mr. debts. What we have done in the stim- What this legislation will do is go from MERKLEY, Ms. MIKULSKI, Mr. ulus package is almost triple the 1,100 community health centers to 4,800 SCHUMER, Ms. STABENOW, Mr. amount of money going into the Na- community health centers, quad- TESTER, and Mr. WYDEN): tional Health Service Corps, which rupling the number of health centers in S. 486. A bill to achieve access to means that we are going to be able to America. By doing that, we will pro- comprehensive primary health care enable thousands of young physicians vide comprehensive, high-quality pri- services for all Americans and to re- and dentists to go out and work in un- mary health care in every underserved form the organization of primary care derserved areas, which is a huge step area in this country—a giant step for- delivery through an expansion of the forward for primary health care. That ward in terms of making primary Community Health Center and Na- was a very important part of the stim- health care accessible to every man, tional Health Service Corps programs; ulus package. woman, and child in this Nation. to the Committee on Health, Edu- In fact, on top of all of that, this sum In my view, we need to move toward a national health care program which cation, Labor, and Pensions. of money is going to create 44,000 sus- guarantees health care for all people, Mr. SANDERS. Madam President, I tainable jobs as we create a primary but we can take this important step think everybody recognizes that our health care infrastructure and as we forward in terms of primary health current health care system is in very provide health care to an additional 4 serious crisis. We have 46 million care quite soon. million Americans. Here is one of the very wonderful as- Americans who lack any health insur- As significant as what we did in the pects of what this legislation does. ance. We have even more than that stimulus package is, it is only a down- Right now, we spend about $2.1 billion who are underinsured. The cost of payment for what we have to do to ad- a year for community health centers. health care is soaring. And we end up dress the crisis in terms of primary This legislation, over a 5-year period, spending twice as much per person on health care. Therefore, I am very proud will take that number up to $8 billion. health care as do the people of any to announce that today I introduced, It will go from $2 billion to $8 billion as other nation, despite having so many along with 21 of my Senate col- we quadruple the number of commu- people uninsured and underinsured. leagues—and they are in alphabetical While a lot of the discussion regard- nity health centers. order—Senators BEGICH, BINGAMAN, What study after study suggests is ing the health care crisis focuses on in- BOXER, BROWN, BURRIS, CARDIN, CASEY, that in fact this investment will end up surance coverage, there is another cri- DURBIN, HARKIN, INOUYE, KENNEDY, saving us money. This investment in sis equally severe that we do not talk KERRY, JOHNSON, LEAHY, MENENDEZ, primary health care will save us money enough about; that is, the crisis in ac- MERKLEY, MIKULSKI, SCHUMER, because those people who get sick will cess to doctors and dentists—in fact, STABENOW, TESTER, and WYDEN—all of now be able to go to a community the crisis in terms of primary health those Senators join with me in new leg- health center—perhaps the most cost- care. islation which, in fact, is going to revo- effective primary health care in Amer- The truth is that in our country lutionize primary health care in Amer- ica—rather than walking into an emer- today, we have some 56 million Ameri- ica. gency room, which is one of the most cans, including Americans who have Also today, the majority whip in the expensive health care providers in the health insurance, who simply cannot House, JIM CLYBURN of South Carolina, country. In addition, when people have find a doctor and, even more, cannot introduced a similar bill which I be- access to health care and get treat- find a nurse. The absurdity of that is lieve has 78 cosponsors. That legisla- ment when they need it, they are not that when somebody cannot find a doc- tion is called the Access for All Amer- going to get very sick and end up in a tor, that person will end up going to ica Act. Its goal is to significantly ex- hospital, where it will cost tens of the emergency room at great cost to pand community health centers all thousands of dollars to deal with their our Nation or, equally likely, that per- over this country, as well as the Na- illness. son may not go to the doctor at all, tional Health Service Corps. So what this legislation does is quad- gets sick, and ends up in the hospital, The community health center con- ruple the number of community health and we are spending tens of thousands cept was developed by Senator TED centers, and it very substantially in- of dollars treating that person when we KENNEDY over 40 years ago. The truth creases the amount of money that goes could have spent far less if that man, is that the concept of community to the National Health Service Corps woman, or child had access to a doctor health centers has been long supported so we can provide debt relief and schol- when the illness first developed. in a bipartisan manner. President Bush arships to young physicians who will I am very gratified, and I thank was supportive of the concept. Senator then go out and serve us in underserved President Obama, I thank Senator MCCAIN certainly mentioned it in his areas. INOUYE and Senator HARKIN, Congress- campaign for President, and Senator In my view, this legislation, if man OBEY, the Democratic leadership HATCH—many Republicans have sup- passed—and I think we have a good in the House for taking this Nation a ported it, as well as many people on chance to pass it because there is a giant step forward in terms of address- our side of the aisle. whole lot of bipartisan support here in ing the crisis in primary health care in The reason for that bipartisan sup- the Senate for this concept, a lot of the stimulus package. port is that everybody here under- support in the House as well—will revo- What happened in the stimulus pack- stands that community health centers lutionize primary health care in Amer- age is that $2 billion was allocated for provide quality health care in a cost- ica. It will bring us to the day when community health centers, to help effective manner. What community virtually every American will have ac- those community health centers ex- health centers do is provide com- cess to a doctor, a dentist, mental pand, to help in the growth of new prehensive health care in terms of ac- health counseling, and low-cost pre- community health centers. On top of cess to doctors and dentists. I point out scription drugs. It will enable us to that, another $300 million was appro- that there is a major dental crisis all produce the doctors, the dentists, the priated for the National Health Service over this country. Community health nurses, and the other health care pro- Corps. The National Health Service centers by law have to provide mental viders we desperately need to get out

VerDate Nov 24 2008 02:07 Feb 27, 2009 Jkt 079060 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\CR\FM\A26FE6.064 S26FEPT1 smartinez on PROD1PC64 with SENATE S2562 CONGRESSIONAL RECORD — SENATE February 26, 2009 into rural, urban America, and under- ing their age, and all were grown with in vitro fertilization clinics, were created for served areas. It will be a major step mouse feeder cells, an outdated method the purposes of fertility treatment, and were forward in providing the primary that raises concerns about contamina- in excess of the clinical need of the individ- health care infrastructure we need as tion. uals seeking such treatment. ‘‘(2) Prior to the consideration of embryo we in fact move to a national health Meanwhile, hundreds of new stem donation and through consultation with the care program. cell lines have been derived since the individuals seeking fertility treatment, it This is important legislation, and I President’s arbitrary deadline. Many of was determined that the embryos would thank all of the 21 Members of the Sen- those lines are uncontaminated and never be implanted in a woman and would ate who have already come on as origi- healthy. But they’re totally off-limits otherwise be discarded. nal cosponsors. We hope that many to federally funded scientists. ‘‘(3) The individuals seeking fertility treat- more will come on in the coming weeks That is a shame. If we are serious ment donated the embryos with written in- and months. My hope is we can get this about realizing the promise of stem formed consent and without receiving any fi- cell research—about helping people nancial or other inducements to make the bill out of committee and see it passed donation. as a stand-alone piece of legislation. with Parkinson’s, cancer, juvenile dia- ‘‘(c) GUIDELINES.—Not later than 60 days Mr. President, I yield the floor, and I betes, and so many other diseases—our after the date of the enactment of this sec- suggest the absence of a quorum. scientists need access to the best stem tion, the Secretary, in consultation with the cell lines available. We need a stem cell Director of NIH, shall issue final guidelines By Mr. HARKIN (for himself, Mr. policy that offers credible, meaningful to carry out this section. SPECTER, Mr. KENNEDY, Mr. hope. And that’s what this bill would ‘‘(d) REPORTING REQUIREMENTS.—The Sec- HATCH, Mrs. FEINSTEIN, and Mr. retary shall annually prepare and submit to provide. the appropriate committees of the Congress REID): Under this bill, Federally funded re- a report describing the activities carried out S. 487. A bill to amend the Public searchers could study any stem cell under this section during the preceding fiscal Health Service Act to provide for line, regardless of the date that it was year, and including a description of whether human embryonic stem cell research; derived, as long as strict ethical guide- and to what extent research under sub- to the Committee on Health, Edu- lines are met. section (a) has been conducted in accordance cation, Labor, and Pensions. Most importantly, the only way a with this section.’’. Mr. HARKIN. Mr. President, I have stem cell line could be eligible for fed- SEC. 3. ALTERNATIVE HUMAN PLURIPOTENT spoken many times in this Chamber erally funded research is if it were de- STEM CELL RESEARCH. about the promise of stem cell re- Part H of title IV of the Public Health rived from an embryo that was other- Service Act (42 U.S.C. 284 et seq.), as amend- search. For more than a decade, ever wise going to be discarded. ed by section 2, is further amended by insert- since scientists first succeeded in de- There are more than 400,000 embryos ing after section 498D the following: riving human embryonic stem cells, I in the United States that are left over ‘‘SEC. 498E. ALTERNATIVE HUMAN PLURIPOTENT have done my utmost to promote this from fertility treatments and are cur- STEM CELL RESEARCH. exciting field, which offers so much rently sitting frozen in storage. Most ‘‘(a) IN GENERAL.—In accordance with sec- hope for so many people. of those embryos will eventually be tion 492, the Secretary shall conduct and President Obama has promised to lift thrown away. All we are saying is, in- support basic and applied research to develop techniques for the isolation, derivation, pro- the restrictions on embryonic stem cell stead of discarding all 400,000 of those duction, or testing of stem cells that, like research that were put in place by leftover embryos, let’s allow couples to embryonic stem cells, are capable of pro- President Bush, and I hope and expect donate a few of them, if they wish, to ducing all or almost all of the cell types of that he will do so soon. But we have to create stem cell lines that could cure the developing body and may result in im- make sure that the freedom to pursue diseases and save lives. proved understanding of or treatments for this research is also protected by Fed- Mr. President, it is time to lift the diseases and other adverse health conditions, eral law, not merely by an executive restrictions that have handcuffed stem but are not derived from a human embryo. cell research for more than 7 years. I ‘‘(b) GUIDELINES.—Not later than 90 days order that can be reversed during a fu- after the date of the enactment of this sec- ture administration. urge the Senate to pass this bill as tion, the Secretary, after consultation with That is why Senator SPECTER and I, soon as possible and send it to the the Director of NIH, shall issue final guide- along with Senators KENNEDY, HATCH, President for his signature. lines to implement subsection (a), that— and FEINSTEIN, are introducing the I ask unanimous consent that a copy ‘‘(1) provide guidance concerning the next Stem Cell Research Enhancement Act of the bill be printed in the RECORD. steps required for additional research, which of 2009. This is the exact same bipar- There being no objection, the text of shall include a determination of the extent tisan bill that both houses of Congress the bill was ordered to be printed in to which specific techniques may require ad- approved in 2007, but was vetoed by the RECORD, as follows: ditional basic or animal research to ensure that any research involving human cells S. 487 President Bush. I urge Congress to pass using these techniques would clearly be con- this law again, and for President Be it enacted by the Senate and House of Rep- sistent with the standards established under Obama to sign it, so our scientists can resentatives of the United States of America in this section; move forward with this research post- Congress assembled, ‘‘(2) prioritize research with the greatest haste, without fear of further political SECTION 1. SHORT TITLE. potential for near-term clinical benefit; and interference. This Act may be cited as the ‘‘Stem Cell ‘‘(3) consistent with subsection (a), take Research Enhancement Act of 2009’’. Let me spend just a moment review- into account techniques outlined by the SEC. 2. HUMAN EMBRYONIC STEM CELL RE- ing what this bill will accomplish. President’s Council on Bioethics and any SEARCH. other appropriate techniques and research. More than 7 years ago, the President Part H of title IV of the Public Health ‘‘(c) REPORTING REQUIREMENTS.—Not later announced that federally funded sci- Service Act (42 U.S.C. 289 et seq.) is amended than January 1 of each year, the Secretary entists could conduct research on em- by inserting after section 498C the following: shall prepare and submit to the appropriate bryonic stem cells only if the cells had ‘‘SEC. 498D. HUMAN EMBRYONIC STEM CELL RE- committees of the Congress a report describ- been derived before August 9, 2001, at 9 SEARCH. ing the activities carried out under this sec- p.m. ‘‘(a) IN GENERAL.—Notwithstanding any tion during the fiscal year, including a de- other provision of law (including any regula- I never understood that. Why 9 p.m.? scription of the research conducted under tion or guidance), the Secretary shall con- this section. Why not 9:30? If stem cell research is duct and support research that utilizes ‘‘(d) RULE OF CONSTRUCTION.—Nothing in morally acceptable at 8:59 p.m., why human embryonic stem cells in accordance this section shall be construed to affect any isn’t it OK at 9:01? It’s totally arbi- with this section (regardless of the date on policy, guideline, or regulation regarding trary. which the stem cells were derived from a embryonic stem cell research, human When the President announced his human embryo). cloning by somatic cell nuclear transfer, or policy, he said that 78 stem cell lines ‘‘(b) ETHICAL REQUIREMENTS.—Human em- any other research not specifically author- were eligible for federally funded re- bryonic stem cells shall be eligible for use in ized by this section. any research conducted or supported by the ‘‘(e) DEFINITION.— search. But, today, only 21 of those 78 Secretary if the cells meet each of the fol- ‘‘(1) IN GENERAL.—In this section, the term lines are eligible—not nearly enough to lowing: ‘human embryo’ shall have the meaning reflect the genetic diversity of this Na- ‘‘(1) The stem cells were derived from given such term in the applicable appropriation. Many of those 21 lines are show- human embryos that have been donated from tions Act.

VerDate Nov 24 2008 02:07 Feb 27, 2009 Jkt 079060 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\CR\FM\G26FE6.058 S26FEPT1 smartinez on PROD1PC64 with SENATE February 26, 2009 CONGRESSIONAL RECORD — SENATE S2563 ‘‘(2) APPLICABLE ACT.—For purposes of place damaged or malfunctioning cells are only 21 lines now available for re- paragraph (1), the term ‘applicable appro- in patients with a wide range of dis- search. Perhaps, most fundamental is priations Act’ means, with respect to the fis- eases. This could lead to cures and the issue of therapy. It was not ad- cal year in which research is to be conducted treatments for maladies such as juve- dressed in the President’s statement, or supported under this section, the Act making appropriations for the Department nile diabetes, Parkinson’s disease, Alz- but it came to light in the first weeks of Health and Human Services for such fiscal heimer’s disease, cardiovascular dis- after the President’s announcement year, except that if the Act for such fiscal eases, and spinal cord injury. In all, that all of the stem cell lines have had year does not contain the term referred to in well over 100 million Americans could nutrients from mouse feeder cells and paragraph (1), the Act for the previous fiscal benefit from stem cell research. bovine serum. Under FDA regulations, year shall be deemed to be the applicable ap- Embryonic stem cells are derived these lines will face intense regulatory propriations Act. from embryos that would otherwise hurdles before being useful in human ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— have been discarded. During the course therapies. In the intervening years, There is authorized to be appropriated such sums as may be necessary for each of fiscal of in vitro fertilization, IVF, therapies, new technology has been developed so years 2010 through 2012, to carry out this sec- sperm, and several eggs are combined that mouse feeder cells are no longer tion.’’. in a laboratory to create 4 to 16 em- necessary for the growth of stem cells. Mr. SPECTER. Mr. President, I rise bryos for a couple having difficulty be- It only makes sense that our Nation’s to introduce—the ‘‘Stem Cell Research coming pregnant. The embryos grow in scientists should have access to the Enhancement Act similar to legisla- an incubator for 5 to 7 days until they latest technology. tion that I have sponsored in the last contain approximately 100 cells. To Since August 9, 2001, new facts have two Congresses with Senators HARKIN, maximize the chances of success, sev- come to light and the technology has HATCH, KENNEDY, FEINSTEIN, and eral embryos are implanted into the moved forward to the extent that the SMITH. woman. The remaining embryos are policy is holding back our scientists I believe medical research should be frozen for future use. If the woman be- and physicians in their search for pursued with all possible haste to cure comes pregnant after the first implan- cures. I have a friend and constituent the diseases and maladies affecting tation, and does not want to have more in Pittsburgh named Jim Cordy who Americans. In my capacity as ranking pregnancies, the remaining frozen em- suffers from Parkinson’s. Whenever I member and at times chairman of the bryos are in excess of clinical need and see Jim, he carries an hourglass, to re- Labor, Health and Human Services, can be donated for research. Embryonic mind me that the sands of time are and Education Appropriations Sub- stem cells are derived from these em- passing and that the days of his life are committee, I have backed up this belief bryos. The stem cells form what are slipping away. That is a pretty em- by supporting increases in funding for called ‘‘lines’’ and continue to divide phatic message from the hourglass. So the National Institutes of Health. I indefinitely in a laboratory dish. In it seems to me that this is the kind of have said many times that the NIH is this way, the 21 lines currently avail- sense of urgency which ought to moti- the crown jewel of the Federal Govern- able for Federal researchers were ob- vate Congress and the biomedical re- ment—perhaps the only jewel of the tained from 21 embryos. The stem cells search community. Federal Government. When I came to contained in these lines can then be On March 19, 2007, Dr. Elias Zerhouni, the Senate in 1981, NIH spending to- made into almost any type of cell in President Bush’s appointee to lead the taled $3.6 billion. In fiscal year 2009, the body—with the potential to replace National Institutes of Health, testified NIH will receive approximately $29 bil- cells damaged by disease or accident. before the Senate Labor-HHS-Edu- lion to fund its pursuit of lifesaving re- At no point in the derivation process cation Appropriations Subcommittee search. The successes realized by this are the embryos or the derived cells regarding the NIH budget and stem investment in NIH have spawned revo- implanted in a woman, which would be cells. At that time he stated, ‘‘It is lutionary advances in our knowledge required for them to develop further. clear today that American science and treatment for diseases such as can- The process of deriving stem cell lines would be better served and the nation cer, Alzheimer’s disease, Parkinson’s results in the disruption of the embryo would be better served if we let our sci- disease, mental illnesses, diabetes, and I know that this raises some con- entists have access to more cell lines osteoporosis, heart disease, ALS, and cerns. . . . To sideline NIH in such an issue of many others. It is clear to me that During the course of our hearings in importance, in my view, is short- Congress’s commitment to the NIH is this subject, we have learned that over sighted. I think it wouldn’t serve the paying off. This is the time to seize the 400,000 embryos are stored in fertility nation well in the long run.’’ His testi- scientific opportunities that lie before clinics around the country. If these fro- mony clearly shows that the time has us and to ensure that all avenues of re- zen embryos were going to be used for come to move forward. search toward cures—including stem in vitro fertilization, I would be the The Stem Cell Research Enhance- cell research—are open for investiga- first to support it. In fact, I have in- ment Act lifts the August 9, 2001, date tion. cluded $2,000,000 in the HHS budget restriction, thus making stem cell I first learned of the potential of each year since 2002 to create and con- lines eligible for federally funded re- human embryonic stem cells in Novem- tinue an embryo adoption awareness search regardless of the date on which ber of 1998 upon the announcement of campaign. But the truth is that most they were derived. Expanding the num- the work by Dr. Jamie Thomson at the of these embryos will be discarded. I ber of stem cell lines would accelerate University of Wisconsin and Dr. John believe that instead of just throwing scientific progress towards cures and Gearhart at Johns Hopkins University. these embryos away, they hold the key treatments for a wide range of diseases I took an immediate interest and held to curing and treating diseases that and debilitating health conditions. The the first congressional hearing on the cause suffering for millions of people. bill puts in place strong ethical re- subject of stem cells on December 2, President Bush opened the door to quirements on stem cell lines that are 1998. These cells have the ability to be- stem cell research on August 9, 2001. funded with Federal dollars. In fact, come any type of cell in the human His policy statement allowed limited several stem cell lines currently funded body. Another way of saying this is Federal funding of human embryonic with Federal dollars would not be eligi- that the cells are pluripotent. The con- stem cell research for the first time. ble under the policies put in place by sequences of this unique his legislation There is a real question as to whether this bill. The requirements include: is property of stem cells are far reach- the door is open sufficiently. embryos used to derive stem cells were ing and are key to their potential use A key statement by the President re- originally created for fertility treat- in therapies. Scientists and doctors lated to the existence of approximately ment purposes and are in excess of clin- with whom I have spoken—and that 60 eligible stem cell lines—then ex- ical need; the individuals seeking fer- have since testified before the Labor- panded to 78. In the intervening 5 tility treatments for whom the em- HHS Appropriations Subcommittee at years, it has become apparent that bryos were created have determined 20 stem cell-related hearings—were ex- many of the lines cited are not really that the embryos will not be implanted cited by this discovery. They believed viable, robust, or available to federally in a woman and will otherwise be dis- that these cells could be used to re- funded researchers. The fact is there carded; the individuals for whom the

VerDate Nov 24 2008 02:07 Feb 27, 2009 Jkt 079060 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\CR\FM\A26FE6.067 S26FEPT1 smartinez on PROD1PC64 with SENATE S2564 CONGRESSIONAL RECORD — SENATE February 26, 2009 embryos were created have provided lieve this bill implements this philos- trials by refusing to cover trial partici- written consent for embryo donation; ophy by opening of embryonic stem pants’ routine health care, even as pa- and the donors can not receive any fi- cell research and encouraging alter- tients continue to pay monthly pre- nancial or other inducements to make natives. miums. the donation. Importantly, the bill does not allow Take, for example, Sheryl Freeman When President Bush’s Council on Federal funds to be used for the deriva- from Dayton, OH. Sheryl and her hus- Bioethics reported on several theo- tion of stem cell lines—the step in the band Craig visited my office in Wash- retical methods for deriving stem cells process where the embryo is destroyed. ington, DC 2 years ago to tell their without destroying embryos, I imme- Also, the bill does not address the sub- story: diately scheduled a hearing to inves- ject of cloning, which continues to be Sheryl was a retired school teacher tigate these ideas. On July 12, 2005, the banned in the appropriations bills for and was covered under Craig’s insur- Labor-HHS Subcommittee heard testi- Health & Human Services. ance plan. Craig has been a Federal em- mony from five witnesses describing President Barack Obama has indi- ployee for 20 years and has one of the several theoretical techniques for de- cated that he will overturn the current best health plans in the country. riving stem cells without destroying restrictions. I feel it is important to Yet they found that when Sheryl— embryos. The stem cells would theo- codify this important policy change so who had been diagnosed with multiple retically have the key ability to be- that the policy does not ping-pong myloma—tried to enroll in a clinical come any type of cell. The techniques back and forth with each successive trial to save her life, their insurance discussed included single cell deriva- President. This uncertainty slows the company would not cover routine costs tion of stem cells; altered nuclear progress of science. Young scientists that would have been covered had she transfer; deriving stem cells from so- rightly avoid fields of science for which not enrolled in the clinical trial. called ‘‘dead’’ embryos; and, perhaps funding may come and go due to polit- For instance, in addition to partici- the most promising, turning adult cells ical whim rather than scientific and pating in the clinical trial at Ohio back into stem cells. medical merit. A temporary end to the State’s James Cancer Hospital, Sheryl Legislation, which I first introduced current restrictions is an incomplete needed to visit her oncologist in Day- with Senator Rick Santorum in the and ultimately self-defeating solution. ton at least once a week for standard 109th Congress, was meant to encour- I strongly believe that the funding cancer monitoring, which included provided by Congress should be in- age these alternative methods for de- scans and blood tests. But her insur- vested in the best research to address riving stem cells without harming ance company would not cover these diseases based on medical need and sci- human embryos. That legislation has services if she enrolled in a clinical entific opportunity. Politics has no been incorporated into the current bill, trial. place in the equation. Throughout his- which amends the Public Health Serv- Sheryl wanted to take part in a clin- tory there are numerous examples of ice Act by inserting a section that: ical trial because she hoped it would politics stifling science in the name of 1, Mandates that the Secretary of help her. She hoped that it might save ideology. Galileo was imprisoned for Health & Human Services shall support her life, give her more time, or help fu- his theory that the planets revolve meritorious peer-reviewed research to ture patients with the same type of around the Sun. The Institute of Ge- develop techniques for the derivation cancer. netics of the Soviet Academy of of stem cells without creating or de- But rather than devoting her energy Sciences opposed the use of hybrid va- stroying human embryos. toward combating cancer, Sheryl spent rieties of wheat because it was based 2, Requires the Secretary to issue the last months of her life haggling on the science of the West. Instead, guidelines within 90 days to implement with her insurance company. By the they supported a doctrine called ‘‘ac- this research and to identify and time her insurer finally agreed to cover quired characteristics,’’ which was prioritize the next research steps. costs they never should have denied, it made the official Soviet position. This 3, Requires the Secretary to consider was too late. The delays and denials resulted in lower yields for Soviet techniques outlined by the President’s from Sheryl’s insurance company af- wheat throughout the former Soviet Council on Bioethics—such as altered fected her treatment and, likely, her Union in the first half of the 20th cen- nuclear transfer and single cell deriva- survival. tury. These historical examples teach tion. Sheryl died on December 9, 2007. us that we must make these decisions 4, Requires the Secretary to report Sadly, this is not an isolated case. based on sound science, not politics. I yearly on the activities carried out Across Ohio and the Nation, insurers urge this body to support the Stem Cell under this authorization. are using patients’ participation in Research Enhancement Act so that 5, Includes a ‘‘Rule of Construction’’ clinical trials as an excuse to deny this Congress does not look as foolish stating: Nothing in this section shall health benefits that would otherwise be in hindsight as these examples. be construed to affect any policy, covered. guideline, or regulation regarding em- By Mr. BROWN: In fact, about 20 percent of patients bryonic stem cell research, human S. 488. A bill to amend the Public who try to enroll in clinical trials are cloning by somatic cell nuclear trans- Health Service Act, the Employee Re- denied coverage by their insurers. This fer, or any other research not specifi- tirement Income Security Act of 1974, statistic doesn’t capture those patients cally authorized by this section. and the Internal Revenue Code of 1986 who refrain from entering a trial be- 6, Define ‘‘human embryo’’ by ref- to require group and individual health cause they have been forewarned of erence to the latest definition con- insurance coverage and group health coverage barriers. tained in the appropriations act for the plans to provide coverage for individ- The Access to Cancer Clinical Trials Department of Health & Human Serv- uals participating in approved cancer Act—which has been introduced in the ices. clinical trials; to the Committee on House by Representative ISRAEL and 7, Authorizes ‘‘such sums as may be Health, Education, Labor, and Pen- which I introduced last year as well— necessary’’ for fiscal year 2010 through sions. would eliminate these barriers for can- 2012. Mr. BROWN. Mr. President, today I cer patients. Under the legislation, Knowing that scientists are never am introducing a bill to help cancer health care costs associated with a certain exactly which research will patients and bring us closer to finding clinical trial would still be covered by lead to the next great cure; I have al- a cure for that devastating and deadly the trial sponsors; however, insurers ways supported opening as many ave- disease. would not be permitted to deny bene- nues of research as possible. Based on Clinical trials are one of the most ef- fits for other routine health care other- that line of reasoning, I have always fective weapons in our nation’s ongoing wise covered under their health plan. supported human embryonic, adult, fight against cancer. Experimental Similar legislation was passed in the and cord blood stem cell research. My treatments both save lives and advance Ohio General Assembly last year, but goal is to see cures for the various af- research. this federal bill would apply to all in- flictions that lower the quality of life— However, many health insurance surance carriers, not just those regu- or end the lives—of Americans. I be- policies discourage enrollment in these lated by states.

VerDate Nov 24 2008 02:07 Feb 27, 2009 Jkt 079060 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\CR\FM\A26FE6.090 S26FEPT1 smartinez on PROD1PC64 with SENATE February 26, 2009 CONGRESSIONAL RECORD — SENATE S2565 The Access to Cancer Clinical Trials ternal Revenue Code. This legislation 1986 (relating to additional itemized deduc- Act is a lifesaving bill endorsed by over makes the necessary change in the tax tions for individuals) is amended by redesig- thirty voluntary health organizations, code. Under the legislation, the benefit nating section 224 as section 225 and by in- including the Lance Armstrong Foun- would be concurrently afforded to our serting after section 223 the following new section: dation, the National Patient Advocate Nation’s military retirees as well to as- ‘‘SEC. 224. TRICARE SUPPLEMENTAL PREMIUMS Foundation, and the American Associa- sist with increasing health care costs. OR ENROLLMENT FEES. A number of organizations rep- tion for Cancer Research. ‘‘(a) ALLOWANCE OF DEDUCTION.—In the It is unthinkable that patients bat- resenting federal and military retirees case of an individual, there shall be allowed tling cancer must also fight insurers are strongly behind this initiative: Na- as a deduction the amounts paid during the for basic benefits that should never be tional Active and Retired Federal Em- taxable year by the taxpayer for insurance in doubt. To make progress on finding ployees Association, The Military Coa- purchased as supplemental coverage to the a cure for cancer, we need to encourage lition, National Treasury Employees health benefits programs established by participation in research, not permit Union, National Association of Post- chapter 55 of title 10, United States Code, for masters of the United States, Profes- the taxpayer and the taxpayer’s spouse and insurers to inhibit it. dependents. I ask my colleagues to please join me sional Aviation Safety Specialists, Na- tional Association of Postal Super- ‘‘(b) COORDINATION WITH MEDICAL DEDUC- in supporting this important bill. TION.—Any amount allowed as a deduction visors, National Federation of Federal under subsection (a) shall not be taken into By Mr. WEBB (for himself, Mr. Employees, National Association of account in computing the amount allowable BURR, Ms. COLLINS, Mr. WAR- Government Employees, National to the taxpayer as a deduction under section NER, Mr. DURBIN, Mr. CARDIN, Rural Letter Carrier Association, Na- 213(a).’’. Mr. ROCKEFELLER, Mr. AKAKA, tional Postal Mail Handlers, American (b) DEDUCTION ALLOWED WHETHER OR NOT Mr. DODD, Mr. BUNNING, and Mr. Foreign Service Association, and INDIVIDUAL ITEMIZES OTHER DEDUCTIONS.— Subsection (a) of section 62 of the Internal KERRY): American Postal Workers Union. Revenue Code of 1986 (defining adjusted gross S. 491. A bill to amend the Internal The Federal and Military Retiree Health Care Equity Act has enjoyed income) is amended by inserting after para- Revenue Code of 1986 to allow Federal graph (21) the following new paragraph: civilian and military retirees to pay overwhelming, bipartisan support for four Congresses. This is a matter of ‘‘(22) TRICARE SUPPLEMENTAL PREMIUMS health insurance premiums on a pretax OR ENROLLMENT FEES.—The deduction al- basis and to allow a deduction for basic fairness. Our Federal employee lowed by section 224.’’. and military retirees deserve access to TRICARE supplemental premiums; to (c) CLERICAL AMENDMENT.—The table of the same quality, affordable health the Committee on Finance. sections for part VII of subchapter B of chap- care they received as active members Mr. WEBB. Mr. President, today I ter 1 of the Internal Revenue Code of 1986 is of the civil service and military. I en- amended by striking the last item and in- rise to introduce the bipartisan Federal courage my colleagues to join me in serting the following new items: and Military Retiree Health Care Eq- moving this legislation forward in this uity Act. I introduce this bill with Sen- ‘‘Sec. 224. TRICARE supplemental premiums Congress. or enrollment fees. ators BURR, COLLINS, CARDIN, DURBIN, Mr. President, I ask unanimous con- ‘‘Sec. 225. Cross reference.’’. WARNER, ROCKEFELLER, AKAKA, DODD, sent that the text of the bill be printed (d) EFFECTIVE DATE.—The amendments KERRY, and BUNNING. This legislation in the RECORD. made by this section shall apply to taxable will provide some relief for our Na- There being no objection, the text of years beginning after the date of the enact- tion’s Federal and military retirees the bill was ordered to be printed in ment of this Act. from the increases in their health care the RECORD, as follows: SEC. 4. IMPLEMENTATION. plans. This measure extends premium S. 491 (a) FEHBP PREMIUM CONVERSION OPTION FOR FEDERAL CIVILIAN RETIREES.—The Direc- conversion to Federal and military re- Be it enacted by the Senate and House of Rep- tor of the Office of Personnel Management tirees, allowing them to pay their resentatives of the United States of America in shall take such actions as the Director con- health insurance premiums with pretax Congress assembled, siders necessary so that the option made pos- dollars. SECTION 1. SHORT TITLE. sible by section 125(g)(5)(A) of the Internal This Act may be cited as the ‘‘Federal and I believe strongly in protecting the Revenue Code of 1986 (as added by section 2) Military Retiree Health Care Equity Act’’. rights and benefits of our federal and shall be offered beginning with the first open military retirees, many of whom have SEC. 2. PRETAX PAYMENT OF HEALTH INSUR- enrollment period, afforded under section ANCE PREMIUMS BY FEDERAL CI- given years of service to our country. I VILIAN AND MILITARY RETIREES. 8905(g)(1) of title 5, United States Code, commend their service to our Nation. (a) IN GENERAL.—Subsection (g) of section which begins not less than 90 days after the The increasing cost of health care is 125 of the Internal Revenue Code of 1986 (re- date of the enactment of this Act. a critical issue, especially to Federal lating to cafeteria plans) is amended by add- (b) TRICARE PREMIUM CONVERSION OPTION ing at the end the following new paragraph: FOR MILITARY RETIREES.—The Secretary of and military retirees living on a fixed Defense, after consulting with the other ad- income. Health care premiums are ris- ‘‘(5) HEALTH INSURANCE PREMIUMS OF FED- ERAL CIVILIAN AND MILITARY RETIREES.— ministering Secretaries (as specified in sec- ing for Federal and military retirees ‘‘(A) FEHBP PREMIUMS.—Nothing in this tion 1073 of title 10, United States Code), and their families. This legislation will section shall prevent the benefits of this sec- shall take such actions as the Secretary con- help to ensure that more Federal and tion from being allowed to an annuitant, as siders necessary so that the option made pos- military retirees are able to continue defined in paragraph (3) of section 8901, title sible by section 125(g)(5)(B) of the Internal their health care coverage with the 5, United States Code, with respect to a Revenue Code of 1986 (as so added) shall be Federal Employee Health Benefits Plan choice between the annuity or compensation offered beginning with the first open enrollment period afforded under health benefits and supplemental TRICARE health in- referred to in such paragraph and benefits under the health benefits program estab- programs established under chapter 55 of surance plans as premiums continue to lished by chapter 89 of such title 5. such title, which begins not less than 90 days rise. ‘‘(B) TRICARE PREMIUMS.—Nothing in this after the date of the enactment of this Act. In the fall of 2000 premium conver- section shall prevent the benefits of this sec- sion became available to active Federal tion from being allowed to an individual re- By Mr. CARDIN (for himself and employees who participate in the Fed- ceiving retired or retainer pay by reason of Mr. SPECTER): eral Employees Health Benefits Pro- being a member or former member of the S. 495. A bill to increase public con- gram. It is a benefit already available uniformed services of the United States with fidence in the justice system and ad- respect to a choice between such pay and to many private sector employees. benefits under the health benefits programs dress any unwarranted racial and eth- While premium conversion does not di- established by chapter 55 of title 10, United nic disparities in the criminal process; rectly affect the amount of the Federal States Code.’’. to the Committee on the Judiciary. Employee Health Benefit Plan pre- (b) EFFECTIVE DATE.—The amendment Mr. CARDIN. Mr. President, I rise miums, it helps to offset some of the made by this section shall apply to taxable today to introduce the Justice Integ- increase by reducing an individual’s years beginning after the date of the enact- rity Act of 2009. I am pleased that Sen- ment of this Act. Federal tax liability. ator SPECTER, the ranking member of SEC. 3. DEDUCTION FOR TRICARE SUPPLE- Extending this benefit to Federal em- MENTAL PREMIUMS. the Judiciary Committee, has joined ployees requires a change in the tax (a) IN GENERAL.—Part VII of subchapter B me as an original cosponsor of this leg- law, specifically section 125 of the In- of chapter 1 of the Internal Revenue Code of islation. I think it is important to

VerDate Nov 24 2008 02:07 Feb 27, 2009 Jkt 079060 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\CR\FM\A26FE6.072 S26FEPT1 smartinez on PROD1PC64 with SENATE S2566 CONGRESSIONAL RECORD — SENATE February 26, 2009 begin this discussion with the first Race, he asked Americans to ‘‘march (4) the Nation would benefit from an under- words that appear in the Constitution for a more just, more equal, more free, standing of all factors causing a disparate of the United States. ‘‘We the people of more caring and more prosperous impact on the criminal justice system; and the United States, in Order to form a America.’’ He further stated that in (5) programs that promote fairness will increase public confidence in the criminal jus- more perfect Union, establish Justice order to perfect our union we must tice system, increase public safety, and fur- . . .’’ The Founding Fathers chose Jus- continue to ‘‘insist on a full measure of ther the pursuit of justice. tice as a cornerstone for the foundation justice in every aspect of American SEC. 3. PILOT PROGRAM. of our country. Justice is defined as life.’’ I heard President Obama that (a) IN GENERAL.—Not later than 90 days fairness, moral rightness, and as a sys- day, and I heard Attorney General after the date of enactment of this Act, the tem of law in which every person re- Holder last week. I believe we are at a Attorney General shall establish a pilot pro- ceives his or her due from the system, crossroads today where we can either gram in 10 United States districts in order to including all of their guaranteed take on the challenges and attack promote fairness, and the perception of fair- rights. There are many perceptions and these injustices or continue to turn our ness, in the Federal criminal justice system, realities that surround our criminal and to determine whether legislation is re- heads away from the problems in our quired. justice system. justice system. The Justice Integrity (b) PROGRAM REQUIREMENTS.— Our Constitution guarantees that all Act responds to the racial and ethnic (1) U.S. ATTORNEYS.—The Attorney General Americans, no matter their race, color, disparities and perceptions that sur- shall designate, in accordance with para- creed or gender, have the right to equal round our Federal justice system. graph (3), 10 United States Attorneys who protection under the law. Yet statis- The Justice Integrity Act will create shall each implement a plan in accordance tics, reports and data reflect a possi- 10 pilot programs across the country with section 4, beginning not later than 1 bility of bias in our justice system. For month after those United States Attorneys that will help create a plan that will are designated by the Attorney General. example, a distressing statistic shows ensure that law enforcement priorities that one out of every three African- (2) PURPOSE.—The purposes of the plans re- and initiatives—including charging and quired by this section are— American males born today can expect plea decisions, as well as sentencing (A) to gather racial and ethnic data on in- to go to jail during his lifetime. Afri- recommendations are not influenced by vestigations and prosecutions in the United can-Americans are disproportionately racial or ethnic bias but instead apply States districts and the causes of disparities, arrested and incarcerated, they are the law in a just and fair manner to all if any; more likely to be pulled over by a po- individuals. These 10 pilot programs (B) to determine the extent to which the lice car while driving, and they are communities’ perception of bias has affected will be set up at the discretion of the confidence in the Federal criminal justice three times more likely to be arrested Attorney General in 10 different U.S. for a drug offense than white Ameri- system; attorney offices. Each U.S. attorney (C) to analyze whether measures may be cans and are nearly 10 times as likely will create an advisory group including taken to reduce unwarranted disparities, if to enter prison for drug offenses. Take all the major stakeholders in the jus- any, and increase confidence in the criminal for example, how two forms of the tice system. Each of the individuals justice system; and same drug are handled differently in will gather information and examine (D) to make recommendations, to the ex- our justice system: crack cocaine and data which will lead to a report on tent possible, to ensure that law enforce- powder cocaine. In 2006, blacks con- ment priorities and initiatives, charging and their findings and recommendations to plea bargaining decisions, sentencing rec- stituted 82 percent of those sentenced the district on how to reduce unjusti- under federal crack cocaine laws while ommendations, and other steps within the fied racial and ethnic disparities. criminal process are not influenced by racial whites constituted of only 8.8 percent, Our current justice system is not and ethnic stereotyping or bias, and do not despite the fact that more than 66 per- working at its greatest potential. This produce unwarranted disparities from other- cent of people who use crack cocaine bill will not only help restore the wise neutral laws or policies. are white. Government data further public’s trust in our justice system but (3) CRITERIA FOR SELECTION.— demonstrates that drug rates are simi- also restore integrity in our justice (A) IN GENERAL.—The 10 pilot districts referred to in subsection (a) shall include dis- lar among all racial and ethnic groups. system. Any form of bias in our crimi- A 2007 study released by the Depart- tricts of varying compositions with respect nal justice system erodes the core prin- to size, case load, geography, and racial and ment of Justice’s Bureau of Justice ciples in our Constitution specifically Statistics revealed that while Black, ethnic composition. that ‘‘all men are created equal’’ under (B) METROPOLITAN AREAS.—At least 3 of the Hispanic and White drivers are equally the law and that our justice system is United States Attorneys designated by the likely to be pulled over by police, not only fair but just. Attorney General shall be in Federal dis- Blacks and Hispanics are much more Mr. President, I ask unanimous con- tricts encompassing metropolitan areas. likely to be searched and arrested. sent that the text of the bill be printed SEC. 4. PLAN AND REPORT. These types of disparities and the per- (a) IN GENERAL.— in the RECORD. ception of bias is unacceptable and we (1) UNITED STATES ATTORNEY.—Each United There being no objection, the text of should take bold steps to correct these States Attorney shall, in consultation with the bill was ordered to be printed in injustices. During the last Congress, an advisory group appointed in accordance the RECORD, as follows: my good friend and former member of with paragraph (2), develop and implement a plan in accordance with subsections (b) and the Judiciary Committee, Senator S. 495 Be it enacted by the Senate and House of Rep- (c). Biden, introduced this bill and during (2) ADVISORY GROUP.— his introductory speech he stated ‘‘no- resentatives of the United States of America in Congress assembled, (A) APPOINTMENT.—Not later than 90 days where is the guarantee of equal protec- after designation by the Attorney General, tion more important than in our crimi- SECTION 1. SHORT TITLE. the United States Attorney in each of the 10 nal justice system.’’ I couldn’t agree This Act may be cited as the ‘‘Justice In- pilot districts selected pursuant to section 3 tegrity Act of 2009’’. more with that statement, which is shall appoint an advisory group, after con- why I have reintroduced this very im- SEC. 2. FINDINGS. sultation with the chief judge of the district Congress finds that— and criminal justice professionals within the portant legislation. (1) the pursuit of justice requires the fair district. Just last week Attorney General Eric application of the law; (B) MEMBERSHIP.—The advisory group of a Holder gave a speech for African-Amer- (2) racial and ethnic disparities in the United States Attorney shall include— ican History Month. In that speech, At- criminal process have contributed to a grow- (i) 1 or more senior social scientists with torney General Holder asked us, as a ing perception of bias in the criminal justice expertise in research methods or statistics; nation, to ‘‘find ways to force ourselves system; and to confront that which we have become (3) there are a variety of possible causes of (ii) individuals and entities who play im- experts at avoiding’’. One way to do disparities in criminal justice statistics portant roles in the criminal justice process that is to look at the disparities in our among racial and ethnic groups and these and have broad-based community represen- causes may differ throughout the United tation such as— justice system that have existed for States, including crime rates, racial dis- (I) Federal and State prosecutors; many years and can be traced back to crimination, ethnic and cultural insen- (II) Federal and State defenders, if present slavery and the Jim Crow era. In Presi- sitivity, or unconscious bias, as well as other in the district, and private defense counsel; dent Obama’s March 2008 speech on factors; (III) Federal and State judges;

VerDate Nov 24 2008 02:07 Feb 27, 2009 Jkt 079060 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\CR\FM\G26FE6.024 S26FEPT1 smartinez on PROD1PC64 with SENATE February 26, 2009 CONGRESSIONAL RECORD — SENATE S2567 (IV) Federal and State law enforcement of- (iv) charging policies, including decisions (B) make recommendations to all United ficials and union representatives; as to who should be charged in Federal rath- States Attorneys on ways to improve the (V) a member of the United States Sen- er than State court when either forum is system. tencing Commission or designee; available, and whether these policies tend to SEC. 5. AUTHORIZATION OF APPROPRIATIONS. (VI) parole and probation officers; result in racial or ethnic disparities among There are authorized to be appropriated (VII) correctional officers; defendants charged in Federal court, includ- $3,000,000 for use, at the discretion of the At- (VIII) victim’s rights representatives; ing whether relative disparities exist be- torney General, by the United States Attor- (IX) civil rights organizations; tween State and Federal defendants charged neys’ advisory groups in the development (X) business and professional representa- with similar offenses; and implementation of plans under this Act. tives; and (v) the racial and ethnic composition of the (XI) faith based organizations that provide Federal prosecutors in the district; and By Mr. DURBIN: services to people involved in the criminal (vi) the extent to which training in the ex- S. 497. A bill to amend the Public justice system. ercise of discretion, including cultural com- Health Service Act to authorize capita- (C) TERM LIMIT.—Subject to subparagraph petency, is provided prosecutors; tion grants to increase the number of (D), a member of the advisory group shall (E) consult with an educational or inde- nursing faculty and students, and for not serve longer than 5 years. pendent research group, if necessary, to con- (D) PERMANENT MEMBERS.—Notwith- other purposes; to the Committee on duct work under this subsection; and Health, Education, Labor, and Pen- standing subparagraph (C), the following (F) submit to the United States Attorney shall be permanent members of the advisory by the end of the second year after their ini- sions. group for that district: tial appointment a report and proposed plan, Mr. DURBIN. As we prepare to tackle (i) The chief judge for the judicial district. which shall be made available to the public the many challenges of our health care (ii) The Federal defender for the judicial and which shall include— system, let’s take the time to make district. (i) factual findings and conclusions on ra- sure that nursing schools are in a posi- (iii) The United States Attorney for the ju- cial and ethnic disparities, if any, and the tion to teach and train a new genera- dicial district. State of public confidence in the criminal tion of nurses and nurse educators. (E) REPORTER.—The United States Attor- process; ney may designate a reporter for each advi- Today, I am introducing the Nurse (ii) recommended measures, rules, and pro- Education, Expansion, and Develop- sory group, who may be compensated in ac- grams for reducing unjustified disparities, if cordance with guidelines established by the any, and increasing public confidence; and ment (NEED) Act to provide schools of Executive Office of the United States Attor- (iii) an explanation of the manner in which nursing with grants for faculty, equip- neys. the recommended plan complies with this ment, and clinical laboratories. The (F) INDEPENDENT CONTRACTORS.—The mem- paragraph. proposed grants give colleges of nurs- bers of an advisory group of a United States (2) ADOPTION OF PLAN.—Not later than 60 ing the flexibility to use federal funds Attorney and any person designated as a re- days after receiving and considering the ad- to address the very problems that keep porter for such group— visory group’s report and proposed plan (i) shall be considered independent con- nursing schools from hiring more under paragraph (1), the United States At- tractors of the United States Attorney’s Of- teachers today. torney appointed under section 3 shall adopt fice when in the performance of official du- The healthcare crisis is complicated and implement a plan. ties of the advisory group; and and the challenges are immense, but (3) COPY OF REPORT.—The United States (ii) may not, solely by reason of service on Attorney shall transmit a copy of the plan the runaway costs and inefficiencies in or for the advisory group, be prohibited from and report adopted and implemented, in ac- our health care system are no longer practicing law before any court. cordance with this subsection, together with sustainable. So as we begin to look at (b) DEVELOPMENT AND IMPLEMENTATION OF healthcare reform in this Congress, A PLAN AND REPORT.— the report and plan recommended by the ad- (1) ADVISORY GROUP REPORT.—The advisory visory group, to the Attorney General. The let’s keep in mind one lesson we group appointed under subsection (a)(2) United States Attorney shall include with learned from Massachusetts’ recent ex- shall— the plan an explanation of any recommenda- perience. After a landmark healthcare (A)(i) systematically collect and analyze tion of the advisory group that is not in- reform law to extend healthcare cov- quantitative data on the race and ethnicity cluded in the plan. erage to every person in the State, the (4) CONGRESS.—The Attorney General shall of the defendant and victim at each stage of sudden demand for primary care profes- prosecution, including case intake, bail re- transmit to the United States Attorney’s in every Federal district and to the Committees sionals outpaced the supply. quests, declinations, selection of charges, di- Nurses can help fill that primary version from prosecution or incarceration, on the Judiciary of the Senate and the House plea offers, sentencing recommendations, of Representatives copies of any plan and ac- care gap. Today, nurse practitioners fast-track sentencing, and use of alternative companying report submitted by a pilot dis- are already taking over at the helm of sanctions; and trict. primary care in many areas that don’t (ii) at a minimum, collect aggregate data (c) PERIODIC UNITED STATES ATTORNEY AS- have any primary care physicians. capable of individualization and tracking SESSMENT.—After adopting and imple- Nurses are staffing health care clinics, through the system so that any cumulative menting a plan under subsection (b), each and many are opening their own prac- racial or ethnic disadvantage can be ana- United States Attorney in a pilot district tices. Increased standards of training lyzed; shall annually evaluate the efficacy of the have opened new doors for nurses who (B) seek to determine the causes of racial plan. In performing such assessment, the want to further their careers but do and ethnic disparities in a district, and United States Attorney shall consult with whether these disparities are substantially not want to attend medical school. The the advisory group appointed in accordance explained by sound law enforcement policies numbers tell the story. In 2000 there with subsection (a)(2). Each assessment shall or if they are at least partially attributable were roughly 90,000 nurse practitioners be submitted to the Executive Office for to discrimination, insensitivity, or uncon- in the U.S. By 2015, it is estimated United States Attorneys for review in ac- scious bias; there will be as many as 135,000. (C) examine the extent to which racial and cordance with subsection (d). Unfortunately, the number of nurses ethnic disparities are attributable to— (d) INFORMATION ON THE PILOT PROGRAM.— is not keeping pace with the growing (i) law enforcement priorities, prosecu- (1) REPORT AND MODEL PLAN.—Not later health care needs of our Nation. In torial priorities, the substantive provisions than 5 years after the date of the enactment 2000, the U.S. Department of Health of legislation enacted by Congress; or of this Act, the Attorney General shall— (ii) the penalty schemes enacted by Con- (A) prepare a comprehensive report on all and Human Services found that the gress or implemented by the United States plans received pursuant to this section; U.S. is 110,000 short of the number of Sentencing Commission; (B) based on all the plans received pursu- nurses we need. By 2005, the shortage (D) examine data including— ant to this section the Attorney General had doubled to 219,000. By 2020, it is ex- (i) the racial and ethnic demographics of shall also develop one or more model plans; pected we will be more than 1 million the United States Attorney’s district; and nurses short of the need. (ii) defendants charged in all categories of (C) transmit copies of the report and model Contributing to this shortage is a offense by race and ethnicity, and, where ap- plan or plans to the Committees on the Judi- lack of faculty to teach and train fu- plicable, the race and ethnicity of any iden- ciary of the Senate and the House of Rep- ture nurses. In a survey of more than tified victim; resentatives. 400 schools of nursing last year, the (iii) recommendations for sentencing en- (2) CONTINUED OVERSIGHT.—The Attorney hancements and reductions, including the General shall, on a continuing basis— American Association of Colleges of filing of substantial assistance motions, (A) study ways to reduce unwarranted ra- Nursing found that 63 percent of the whether at sentencing or post-conviction, by cial and ethnic disparate impact in the Fed- schools reported vacancies on their fac- race and ethnicity; eral criminal system; and ulty. An additional 17.8 percent said

VerDate Nov 24 2008 02:07 Feb 27, 2009 Jkt 079060 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\CR\FM\A26FE6.071 S26FEPT1 smartinez on PROD1PC64 with SENATE S2568 CONGRESSIONAL RECORD — SENATE February 26, 2009 they were fully staffed, but still needed marily due to an insufficient number of fac- ‘‘(A) for more than 2 fiscal years in the more faculty to handle the number of ulty members. case of a student described in paragraph students who want to be trained. Last (2) A growing number of nurses with doc- (1)(A) who is enrolled in a graduate program year, nursing colleges across the Na- toral degrees are choosing careers outside of in nursing leading to a master’s degree or an education. Over the last few years, 20.7 per- equivalent degree; tion denied admission to 49,948 quali- cent of doctoral nursing graduates reported ‘‘(B) for more than 4 fiscal years in the fied applicants because there were not seeking employment outside the education case of a student described in paragraph enough faculty members to teach the profession. (1)(A) who is enrolled in a graduate program students. (3) The average age of nurse faculty at rein nursing leading to a doctoral degree or an Statistics paint a bleak picture for tirement is 62.5 years. With the average age equivalent degree; the availability of nursing faculty now of doctorally-prepared nurse faculty at 55.6 ‘‘(C) for more than 3 fiscal years in the and into the future. The median age of years in 2007, a wave of retirements is ex- case of a student described in paragraph a doctorally prepared nursing faculty pected within the next 10 years. (1)(B); or member is 56 years old. The average (4) Master’s and doctoral programs in nurs- ‘‘(D) for more than 2 fiscal years in the age of retirement for faculty at schools ing are not producing a large enough pool of case of a student described in paragraph potential nurse educators to meet the pro- (1)(C). of nursing is 65 years. It is expected jected demand for nurses over the next 10 ‘‘(d) ELIGIBILITY.—For purposes of this sec- that 200 to 300 doctorally prepared fac- years. While graduations from master’s and tion, the term ‘eligible school of nursing’ ulty will be eligible for retirement doctoral programs in nursing rose by 12.8 means a school of nursing that— each year from 2005 through 2012, re- percent (or 1,918 graduates) and 4.5 percent ‘‘(1) is accredited by a nursing accrediting ducing faculty even though more than (or 24 graduates), respectively, in the 2008– agency recognized by the Secretary of Edu- 2009 school year, projections still dem- 1 million replacement nurses will be cation; onstrate a shortage of nurse faculty. Given needed. ‘‘(2) has a passage rate on the National current trends, there will be at least 2,616 un- The number of qualified students Council Licensure Examination for Reg- filled faculty positions in 2012. turned away from nursing schools in Il- istered Nurses of not less than 80 percent for (5) According to the November 2007 Month- linois reflects the national trend and each of the 3 school years preceding submis- ly Labor Review of the Bureau of Labor Sta- sion of the grant application; and continues to grow. In 2002–2003, 502 tistics, more than 1,000,000 new and replace- ‘‘(3) has a graduation rate (based on the qualified students were rejected from ment nurses will be needed by 2016. Illinois nursing schools. In 2008, 2,523 number of students in a class who graduate SEC. 3. CAPITATION GRANTS TO INCREASE THE relative to, for a baccalaureate program, the students were turned away because of NUMBER OF NURSING FACULTY AND STUDENTS. number of students who were enrolled in the lack of faculty and resources—over 1600 class at the beginning of junior year or, for more students than in 2007. To avoid (a) GRANTS.—Part D of title VIII of the Public Health Service Act (42 U.S.C. 296p) is an associate degree program, the number of the vast shortage HHS is projecting, we amended by adding at the end the following: students who were enrolled in the class at have to figure out how to make a sig- ‘‘SEC. 832. CAPITATION GRANTS. the end of the first year) of not less than 80 nificant increase that we can sustain in ‘‘(a) IN GENERAL.—For the purpose de- percent for each of the 3 school years pre- the number of nurses graduating and scribed in subsection (b), the Secretary, act- ceding submission of the grant application. entering the workforce each year. ing through the Health Resources and Serv- ‘‘(e) REQUIREMENTS.—The Secretary may My hope is that the bill I am intro- ices Administration, shall award a grant award a grant under this section to an eligi- ducing today can be part of the answer. each fiscal year in an amount determined in ble school of nursing only if the school gives Nursing schools need the resources to accordance with subsection (c) to each eligi- assurances satisfactory to the Secretary ble school of nursing that submits an appli- that, for each school year for which the teach and train a new generation of cation in accordance with this section. nurses and nurse educators. Let’s not ‘‘(b) PURPOSE.—A funding agreement for a grant is awarded, the school will comply take on health care reform without grant under this section is that the eligible with the following: considering the more than 2.9 million school of nursing involved will expend the ‘‘(1) The school will maintain a passage nurses in our country today who are grant to increase the number of nursing fac- rate on the National Council Licensure Ex- ulty and students at the school, including by amination for Registered Nurses of not less critical to our health care system. And than 80 percent. as we look at improving our health hiring new faculty, retaining current faculty, purchasing educational equipment and ‘‘(2) The school will maintain a graduation care system, let’s start by investing in audiovisual laboratories, enhancing clinical rate (as described in subsection (d)(3)) of not the nursing pipeline today for the laboratories, repairing and expanding infra- less than 80 percent. health care needs of tomorrow. structure, or recruiting students. ‘‘(3)(A) Subject to subparagraphs (B) and I ask unanimous consent that the ‘‘(c) GRANT COMPUTATION.— (C), the first-year enrollment of full-time text of the bill be printed in the ‘‘(1) AMOUNT PER STUDENT.—Subject to nursing students in the school will exceed RECORD. paragraph (2), the amount of a grant to an el- such enrollment for the preceding school There being no objection, the text of igible school of nursing under this section year by 5 percent or 5 students, whichever is the bill was ordered to be printed in for a fiscal year shall be the total of the fol- greater. lowing: ‘‘(B) Subparagraph (A) does not apply to the RECORD, as follows: ‘‘(A) $1,800 for each full-time or part-time the first school year for which a school re- S. 497 student who is enrolled at the school in a ceives a grant under this section. Be it enacted by the Senate and House of Rep- graduate program in nursing that— ‘‘(C) With respect to any school year, the resentatives of the United States of America in ‘‘(i) leads to a master’s degree, a doctoral Secretary may waive application of subpara- Congress assembled, degree, or an equivalent degree; and graph (A) if— SECTION 1. SHORT TITLE. ‘‘(ii) prepares individuals to serve as fac- ‘‘(i) the physical facilities at the school in- This Act may be cited as the ‘‘Nurse Edu- ulty through additional course work in edu- volved limit the school from enrolling addi- cation, Expansion, and Development Act of cation and ensuring competency in an ad- tional students; or 2009’’. vanced practice area. ‘‘(ii) the school has increased enrollment in SEC. 2. FINDINGS. ‘‘(B) $1,405 for each full-time or part-time the school (as described in subparagraph (A)) The Congress finds as follows: student who— for each of the 2 preceding school years. (1) While the Nurse Reinvestment Act ‘‘(i) is enrolled at the school in a program ‘‘(4) Not later than 1 year after receipt of (Public Law 107–205) helped to increase appli- in nursing leading to a bachelor of science the grant, the school will formulate and im- cations to schools of nursing by 125 percent, degree, a bachelor of nursing degree, a grad- plement a plan to accomplish at least 2 of schools of nursing have been unable to ac- uate degree in nursing if such program does the following: commodate the influx of interested students not meet the requirements of subparagraph ‘‘(A) Establishing or significantly expand- because they have an insufficient number of (A), or an equivalent degree; and ing an accelerated baccalaureate degree nurse educators. The American Association ‘‘(ii) has not more than 3 years of academic nursing program designed to graduate new of Colleges of Nursing estimates that— credits remaining in the program. nurses in 12 to 18 months. (A) in the 2008–2009 school year— ‘‘(C) $966 for each full-time or part-time ‘‘(B) Establishing cooperative (i) 62.8 percent of schools of nursing had student who is enrolled at the school in a intradisciplinary education among schools of from 1 to 16 vacant faculty positions; and program in nursing leading to an associate nursing with a view toward shared use of (ii) an additional 17.8 percent of schools of degree in nursing or an equivalent degree. technological resources, including informa- nursing needed additional faculty, but ‘‘(2) LIMITATION.—In calculating the tion technology. lacked the resources needed to add more po- amount of a grant to a school under para- ‘‘(C) Establishing cooperative interdiscipli- sitions; and graph (1), the Secretary may not make a nary training between schools of nursing and (B) 49,948 eligible candidates were denied payment with respect to a particular stu- schools of allied health, medicine, dentistry, admission to schools of nursing in 2008, pri- dent— osteopathy, optometry, podiatry, pharmacy,

VerDate Nov 24 2008 02:07 Feb 27, 2009 Jkt 079060 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\CR\FM\G26FE6.038 S26FEPT1 smartinez on PROD1PC64 with SENATE February 26, 2009 CONGRESSIONAL RECORD — SENATE S2569 public health, or veterinary medicine, in- (B) An examination of compensation dis- not otherwise get on their own. This cluding training for the use of the inter- parities throughout the nursing profession idea is like the 44 year relationship VA disciplinary team approach to the delivery of and compensation disparities between higher has with Prudential, who provides ac- health services. education instructional faculty generally tive duty servicemembers and veterans ‘‘(D) Integrating core competencies on evi- and higher education instructional nursing dence-based practice, quality improvements, faculty. with group life insurance policies. The and patient-centered care. most important part of the relation- ‘‘(E) Increasing admissions, enrollment, By Mr. BURR: ship is that servicemembers and vet- and retention of qualified individuals who S. 498. A bill to amend title 38, erans get to reap the benefits of group are financially disadvantaged. United States Code, to authorize dental rates and competition. ‘‘(F) Increasing enrollment of minority and insurance for veterans and survivors diverse student populations. and dependents of veterans, and for By Mr. ROCKEFELLER (for him- ‘‘(G) Increasing enrollment of new grad- other purposes; to the Committee on self, Mr. SCHUMER, Mr. KOHL, uate baccalaureate nursing students in grad- Mr. LEAHY, Mr. BROWN, and Mr. uate programs that educate nurse faculty Veterans’ Affairs. INOUYE): members. Mr. BURR. Mr. President, I rise ‘‘(H) Developing post-baccalaureate resi- today to once again introduce legisla- S. 501. A bill to amend the Federal dency programs to prepare nurses for prac- tion that would give our veterans, sur- Food, Drug, and Cosmetic Act to pro- tice in specialty areas where nursing short- viving spouses, and certain dependent hibit the marketing of authorized ge- ages are most severe. children the option to buy dental in- neric drugs; to the Committee on ‘‘(I) Increasing integration of geriatric surance coverage through the Depart- Health, Education, Labor, and Pen- content into the core curriculum. ment of Veterans’ Affairs, VA. My bill sions. ‘‘(J) Partnering with economically dis- Mr. ROCKEFELLER. Mr. President, I is based on a very successful program advantaged communities to provide nursing rise today with Senators SCHUMER, that has been in place since 1998 for education. KOHL, LEAHY, and BROWN to reintro- military retirees and their families. ‘‘(K) Expanding the ability of nurse man- duce an important piece of legislation, aged health centers to provide clinical edu- Under the TRICARE Retiree Dental the Fair Prescription Drug Competi- cation training sites to nursing students. Program, TRDP, military retirees are tion Act. Our legislation eliminates ‘‘(5) The school will submit an annual re- given the option to purchase dental one of the most prominent loopholes port to the Secretary that includes updated coverage through the Department of that brand name drug companies use to information on the school with respect to Defense. Since the program started, student enrollment, student retention, grad- limit consumer access to lower cost ge- over 1 million eligible participants uation rates, passage rates on the National neric drugs; it ends the marketing of have chosen to buy dental coverage Council Licensure Examination for Reg- so-called ‘‘authorized generic’’ drugs istered Nurses, the number of graduates em- through this plan, including over 56,000 during the 180-day exclusivity period ployed as nursing faculty or nursing care in my home State of North Carolina. that Congress designed to specifically providers within 12 months of graduation, Those individuals have access to a net- allow true generics to enter the mar- and the number of students who are accepted work of about 112,000 dental plan pro- into graduate programs for further nursing ket. viders across the Nation. Premiums An authorized generic drug is a brand education. range from $14 to $48 per month per ‘‘(6) The school will allow the Secretary to name prescription drug produced by make on-site inspections, and will comply person, depending on the region and the same brand manufacturer on the with the Secretary’s requests for informa- type of dental plan selected. With this same manufacturing lines, yet repack- tion, to determine the extent to which the kind of success, it seems only fitting aged as a generic. Some argue that au- school is complying with the requirements of that we offer the same kind of benefit thorized generic drugs are cheaper than this section. to our veterans. brand name drugs and, therefore, ben- ‘‘(f) REPORTS TO CONGRESS.—The Secretary VA runs the largest integrated efit consumers. In reality, authorized shall evaluate the results of grants under health care system in the Nation. Al- this section and submit to the Congress— generics only serve to reduce generic ‘‘(1) not later than 18 months after the date though VA provides dental benefits to competition, extend brand monopolies, of the enactment of this section, an interim the 7.9 million veterans enrolled in the and lead to higher health care costs for report on such results; and healthcare system, these benefits are consumers over the long-term. As I ‘‘(2) not later than the end of fiscal year either limited to a select group of peo- have said many times, authorized 2010, a final report on such results. ple or can only be provided under very generics are a sham. They are brand ‘‘(g) APPLICATION.—To seek a grant under limited circumstances. For example, name prescription drugs in disguise. this section, a school nursing shall submit VA provides comprehensive dental care an application to the Secretary at such time, After up to 20 years of holding a pat- in such manner, and containing such infor- to veterans for 180 days after they ent for a brand name drug, the manu- mation and assurances as the Secretary may leave service; who have service-related facturer doesn’t want to let go of their require. dental conditions; who are in nursing enormous profits. So, they repackage ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.— homes and require dental care; or who the drug and refer to it as a generic in ‘‘(1) IN GENERAL.—For the costs of carrying fall under other very strict guidelines. order to achieve a very simple goal—to out this section (except the costs described My bill would supplement this lim- drive true generics out of the market in paragraph (2)), there are authorized to be ited coverage by giving veterans and appropriated $75,000,000 for fiscal year 2010, by offering the drug at a lower price $85,000,000 for fiscal year 2011, and $95,000,000 survivors the option to purchase a initially; then, when victory is assured, for fiscal year 2012. more comprehensive dental plan. Of raising the cost on the so-called ‘‘au- ‘‘(2) ADMINISTRATIVE COSTS.—For the costs course, many veterans may have dental thorized generic’’ to gain a larger prof- of administering this section, including the coverage through their employers or it. This is a huge problem and one that costs of evaluating the results of grants and through an individual policy. My bill is becoming even more prevalent as submitting reports to the Congress, there are extends this dental plan option to all patents on some of the best-selling authorized to be appropriated such sums as enrolled veterans. brand name pharmaceuticals expire. may be necessary for each of fiscal years As I mentioned, the bill is modeled In 1984, Congress passed the Hatch- 2010, 2011, and 2012.’’. after the successful program that is (b) GAO STUDY.— Waxman legislation to provide con- (1) IN GENERAL.—Not later than 1 year after now offered to TRICARE retirees. Fed- sumers greater access to lower cost ge- the date of the enactment of this Act, the eral employees also have access to a neric drugs. The intent of this law was Comptroller General of the United States similar benefit option for dental cov- to improve generic competition, while shall conduct a study and submit a report to erage. Like these other programs, this preserving the ability of brand name the Congress on ways to increase participa- VA program would be entirely vol- manufacturers to discover and market tion in the nurse faculty profession. untary and provide needed coverage new and innovative products. Over (2) CONTENTS OF REPORT.—The report re- from a network of dental professionals time, brand name manufacturers found quired by paragraph (1) shall include the following: in local communities. ways to exploit certain loopholes in the (A) A discussion of the master’s degree and This bill would not replace VA’s den- Hatch-Waxman law to the detriment of doctoral degree programs that are successful tal services; it is just another option generics. in placing graduates as faculty in schools of for those who want to have access to As a result, Congress enacted amend- nursing. group insurance rates that they could ments to the Hatch-Waxman Act as

VerDate Nov 24 2008 02:07 Feb 27, 2009 Jkt 079060 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\CR\FM\A26FE6.078 S26FEPT1 smartinez on PROD1PC64 with SENATE S2570 CONGRESSIONAL RECORD — SENATE February 26, 2009 part of the 2003 Medicare prescription really need. And this is one of them. I and interest rate calculation—the drug law. These amendments were de- applaud the decision by the President FAIR—and institute a 36-percent cap signed to close long-standing loopholes to propose the repeal of the ultra-deep- for all types of consumer credit. that were delaying generic competition water drilling program in the budget In 2006, Congress enacted a Federal 36 and hindering consumer access to he announced today. It’s a decision percent annualized usury cap for cer- lower-cost generic drugs. These re- that’s long overdue. That’s why I am tain credit products marketed to mili- forms were also intended to strengthen reintroducing this bill—the WEANS tary servicemembers and their fami- the 180-day period of market exclu- Act. I urge my colleagues in joining me lies, which curbed payday, car title, sivity for generic manufacturers that in ending this unneeded subsidy by sup- and tax refund lending around military pursue costly patent challenges. porting the WEANS Act. bases. My bill would expand on that The Hatch-Waxman Act and the addi- I ask unanimous consent that a copy premise to include all types of credit tional reforms included in the 2003 of the bill be printed in the RECORD. for all borrowers. Medicare law provide crucial incen- There being no objection, the text of If a lender can’t make money on 36 tives for generic drug companies to the bill was ordered to be printed in percent interest, then maybe the loan enter the market and make prescrip- the RECORD, as follows: shouldn’t be made. tion drugs more affordable for con- S. 499 Although I hope to gain widespread sumers. As health care spending con- Be it enacted by the Senate and House of Rep- support for this bill from responsible tinues to skyrocket, finding ways to resentatives of the United States of America in lenders, I understand that some of the reduce costs is crucial. Today, generic Congress assembled, financial service firms in this country medications comprise more then 56 SECTION 1. SHORT TITLE. will be uneasy with a broad bill estab- percent of all prescriptions in this This Act may be cited as the ‘‘Withdraw lishing a high interest rate cap. I hope country, but they only generate 13 per- Energy Addicting New Subsidies Act of 2009’’ this bill can open an honest conversa- or the ‘‘WEANS Act of 2009’’. cent of our Nation’s drug costs. Fur- tion about consumer credit rates. SEC. 2. REPEAL OF ULTRA-DEEPWATER AND UN- thermore, generic drugs are 50 percent CONVENTIONAL ONSHORE NATURAL My opening question in that con- to 80 percent cheaper than brand name GAS AND OTHER PETROLEUM RE- versation is this: what services do you drugs. In fact, generic drugs save con- SEARCH AND DEVELOPMENT PRO- provide for which you can justify sumers an estimated $8 to $10 billion a GRAM. charging your customers more than 36 Subtitle J of title IX of the Energy Policy percent in annual interest? year at retail pharmacies. For working Act of 2005 (42 U.S.C. 16371 et seq.) is re- families, these savings can make a pealed. Fifteen States and the District of Co- huge difference, particularly during a lumbia have already enacted broadly recession. We must protect the true in- By Mr. DURBIN: applicable usury laws that protect bor- tent of the Hatch-Waxman Act and in- S. 500. A bill to amend the Truth in rowers from high-cost payday loans crease access to affordable prescription Lending Act to establish a national and many other forms of credit, while drugs for all Americans. The Fair Pre- usury rate for consumer credit trans- 34 States and the District of Columbia scription Drug Competition Act does actions; to the Committee on Banking, have limited annual interest rates to 36 just that by eliminating the authorized Housing, and Urban Affairs. percent or less for one or more types of generics loophole, protecting the integ- Mr. DURBIN. As the Congress tries consumer credit. rity of the 180 days, and improving con- to help Americans overcome the most But there is a problem with this sumer access to lower cost generic serious economic crisis since the Great State-by-State approach. Those limits drugs. Depression, we face two urgent yet can sometimes be evaded by out-of- I urge my colleagues to support this conflicting priorities. We have to in- State lenders that are based in States timely and important piece of legisla- crease demand for American products that have weaker usury laws. tion. to resuscitate our economy. And we Various Federal and State loopholes have to reduce the financial burden allow unscrupulous lenders to charge By Mr. WYDEN: that our children will assume. We need cash-strapped consumers pay 400 per- S. 499. A bill to amend the Energy to let consumers keep more of their cent annual interest for payday loans Policy Act of 2005 to repeal the ultra- own money without reducing the reve- on average, 300 percent annual interest deepwater and unconventional onshore nues that the government needs to pay for car title loans, up to 3500 percent natural gas and other petroleum re- for essential services. annual interest for bank overdraft search and development program; to In addition, we need to stop the reck- loans, between 50 and 500 percent an- the Committee on Energy and Natural less lending that brought us this eco- nual interest for loans secured by ex- Resources. nomic disaster. pected tax refunds, and higher than 50 Mr. WYDEN. Mr. President, I rise Today, I introduce the Protecting percent annual interest for credit cards this afternoon to reintroduce the With- Consumers from Unreasonable Credit that charge junk fees. draw Energy Addicting New Subsidies Rates Act to try to get at each of these Consider 66-year-old Rosa Mobley, Act. I first introduced this legislation goals. My bill sets a ceiling of 36 per- who lives on Social Security and a in the 109th Congress to repeal what I cent annualized interest rates on con- small pension. believed to be a back-door subsidy to sumer credit. The Chicago Tribune reports that Ms. the oil and gas industry at a time when Consumers spend approximately $27 Mobley took out a car title loan—a the oil and gas industry didn’t need billion every year on predatory payday type of payday loan in which the bor- any more subsidies. This hidden sub- loans, high-cost overdraft loans, and rowers put up their cars as collateral— sidy was included in the Energy Policy hugely expensive refund anticipation for $1,000. Ms. Mobley was charged 300 Act of 2005. And what it does is to di- loans. Imagine if a portion of that $270 percent interest. rectly transfer $50 million dollars a billion 10-year cost of credit could be She wound up paying more than year of oil and gas royalties, which redirected towards buying American $4,000 over 28 months and at the time of would otherwise go the Federal Treas- goods and services. The Center for Re- the report was struggling just to get ury, into a special program to research sponsible Lending estimates that a by. on advanced, ultra-deep drilling tech- strong federal usury cap would save This bill would require that all fees nology for the oil and gas industry. low-income borrowers $5 billion each and finance changes be included in the This transfer isn’t a one-time transfer, year. new usury rate calculation and would it’s an annual transfer that continues And, in an era that has called for require all lending to conform to the every year through the year 2017, at a trillions of taxpayer dollars to bail out limit, thereby eliminating the many cost of $250 million over five years. banks and jumpstart economic de- loopholes that have allowed these pred- There are plenty of industries in this mand, this proposal costs the tax- atory practices to flourish. country that are hurting, but the oil payers nothing. It would not preempt stronger State and gas industry is not one of them. The Protecting Consumers from Un- laws, it would allow State attorneys It’s time, as President Obama has said, reasonable Credit Rates Act would es- general to help enforce this new rate to end Federal programs that we don’t tablish a new Federal annualized fee cap, and it would provide for strong

VerDate Nov 24 2008 02:07 Feb 27, 2009 Jkt 079060 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\CR\FM\A26FE6.080 S26FEPT1 smartinez on PROD1PC64 with SENATE February 26, 2009 CONGRESSIONAL RECORD — SENATE S2571 civil penalties to deter lender viola- abuses in lending by establishing a rea- ‘‘(A) any payment compensating a creditor tions. sonable fee and interest rate cap. or prospective creditor for— I included in this bill the flexibility I urge my colleagues to support the ‘‘(i) an extension of credit or making avail- for responsible lenders to replace pay- Protecting Consumers from Unreason- able a line of credit, such as fees connected able Credit Rates Act. with credit extension or availability such as day loans that some borrowers once re- numerical periodic rates, annual fees, cash lied on with reasonably priced, small- I ask unanimous consent that the advance fees, and membership fees; or dollar loan alternatives. The bill al- text of the bill and the letter of sup- ‘‘(ii) any fees for default or breach by a lows lenders to exceed the 36 percent port be printed in the RECORD. borrower of a condition upon which credit usury cap for one-time application fees There being no objection, the mate- was extended, such as late fees, creditor-im- that cover the costs of setting up a new rial was ordered to be printed in the posed not sufficient funds fees charged when customer account and for processing RECORD, as follows: a borrower tenders payment on a debt with a S. 500 check drawn on insufficient funds, overdraft costs such as late charges and insuffi- fees, and over limit fees; Be it enacted by the Senate and House of Rep- cient funds fees. ‘‘(B) all fees which constitute a finance resentatives of the United States of America in The Protecting Consumers from Un- charge, as defined by rules of the Board in Congress assembled, reasonable Credit Rates Act would accordance with this title; SECTION 1. SHORT TITLE. ‘‘(C) credit insurance premiums, whether eliminate predatory lenders, but it also This Act may be cited as the ‘‘Protecting optional or required; and would help borrowers make smarter Consumers from Unreasonable Credit Rates ‘‘(D) all charges and costs for ancillary choices. Act of 2009’’. products sold in connection with or inci- Congress established the Truth in SEC. 2. FINDINGS. dental to the credit transaction. Congress finds that— Lending Act over 40 years ago to help ‘‘(2) TOLERANCES.— (1) attempts have been made to prohibit consumers compare the costs of bor- ‘‘(A) IN GENERAL.—With respect to a credit rowing when buying a home, a car, or usurious interest rates in America since co- obligation that is payable in at least 3 fully lonial times; other items by establishing a standard amortizing installments over at least 90 (2) at the State level, 15 states and the Dis- days, the term ‘fee and interest rate’ does Annual Percentage Rate that all lend- trict of Columbia have enacted broadly ap- ers should advertise. not include— plicable usury laws that protect borrowers ‘‘(i) application or participation fees that My first mentor in politics, the late from high-cost payday loans and many other in total do not exceed the greater of $30 or, Senator Paul Douglas from my home forms of credit, while 34 states and the Dis- if there is a limit to the credit line, 5 percent State of Illinois, said all the way back trict of Columbia have limited annual inter- of the credit limit, up to $120, if— in 1963 that too often lenders: est rates to 36 percent or less for 1 or more ‘‘(I) such fees are excludable from the fi- types of consumer credit; compound the camouflaging of credit by nance charge pursuant to section 106 and (3) at the Federal level, in 2006, Congress loading on all sorts of extraneous fees, such regulations issued thereunder; enacted a Federal 36 percent annualized as exorbitant fees for credit life insurance, ‘‘(II) such fees cover all credit extended or usury cap for service members and their fam- excessive fees for credit investigation, and renewed by the creditor for 12 months; and ilies for covered credit products, as defined all sorts of loan processing fees which right- ‘‘(III) the minimum amount of credit ex- by the Department of Defense, which curbed fully should be included in the percentage tended or available on a credit line is equal payday, car title, and tax refund lending rate statement so that any percentage rate to $300 or more; around military bases; quoted is meaningless and deceptive. ‘‘(ii) a late fee charged as authorized by (4) notwithstanding such attempts to curb State law and by the agreement that does That was before anyone had ever predatory lending, high cost lending persists not exceed either $20 per late payment or $20 heard of ‘‘subprime lending.’’ in all 50 States due to loopholes in State per month; or Unfortunately, as the use of credit laws, safe harbor laws for specific forms of ‘‘(iii) a creditor-imposed not sufficient has exploded and as the complexity of credit, and the exportation of unregulated funds fee charged when a borrower tenders the credit products offered by lenders interest rates permitted by preemption; payment on a debt with a check drawn on in- (5) due to the lack of a comprehensive Fed- has become mind-boggling, Congress sufficient funds that does not exceed $15. eral usury cap, consumers annually pay ap- ‘‘(B) ADJUSTMENTS FOR INFLATION.—The and the Federal Reserve have taken proximately $17,500,000,000 for high-cost over- Board may adjust the amounts of the toler- several actions since the passage of draft loans, as much as $8,600,000,000 for ances established under this paragraph for Truth in Lending to weaken the APR storefront and online payday loans, and inflation over time, consistent with the pri- as a tool for comparison shopping. nearly $900,000,000 for tax refund anticipation mary goals of protecting consumers and en- Today, many fees can be excluded from loans; suring that the 36 percent fee and interest the rate that is given to borrowers. The (6) cash-strapped consumers pay on aver- rate limitation is not circumvented. APR no longer gives consumers the age 400 percent annual interest for payday ‘‘(c) CALCULATIONS.— loans, 300 percent annual interest for car ‘‘(1) OPEN END CREDIT PLANS.—For an open convenient and accurate information it title loans, up to 3,500 percent for bank over- end credit plan— once did. One payday lender in Penn- draft loans, 50 to 500 percent annual interest ‘‘(A) the fee and interest rate shall be cal- sylvania used the various exclusions to for loans secured by expected tax refunds, culated each month, based upon the sum of disclose what was really a 400 percent and higher than 50 percent annual percent- all fees and finance charges described in sub- APR as 6 percent. age interest for credit cards that charge junk section (b) charged by the creditor during This bill would give consumers a way fees; the preceding 1-year period, divided by the to accurate compare credit options, by (7) a national maximum interest rate that average daily balance; and requiring that the new FAIR calcula- includes all forms of fees and closes all loop- ‘‘(B) if the credit account has been open holes is necessary to eliminate such preda- less than 1 year, the fee and interest rate tion be disclosed both for open-end tory lending; and shall be calculated based upon the total of credit plans such as credit cards and (8) alternatives to predatory lending that all fees and finance charges described in sub- for closed-end credit such as mortgages encourage small dollar loans with minimal section (b)(1) charged by the creditor since and payday loans. or no fees, installment payment schedules, the plan was opened, divided by the average The bill is supported by 100 groups at and affordable repayment periods should be daily balance, and multiplied by the the national and local levels, including encouraged. quotient of 12 divided by the number of full the Consumer Federation of American, SEC. 3. NATIONAL MAXIMUM INTEREST RATE. months that the credit plan has been in ex- the National Consumer Law Center, The Truth in Lending Act (15 U.S.C. 1601 et istence. ‘‘(2) OTHER CREDIT PLANS.—For purposes of the Center for Responsible Lending, seq.) is amended by adding at the end the following: this section, in calculating the fee and inter- USPIRG, and Consumers Union, and I ‘‘SEC. 141. MAXIMUM RATES OF INTEREST. est rate, the Board shall require the method include a copy of their letter of support ‘‘(a) IN GENERAL.—Notwithstanding any of calculation of annual percentage rate for the CONGRESSIONAL RECORD. other provision of law, no creditor may make specified in section 107(a)(1), except that the As Congress considers some very an extension of credit to a consumer with re- amount referred to in that section 107(a)(1) complicated economic challenges, I spect to which the fee and interest rate, as as the ‘finance charge’ shall include all fees, urge my colleagues to also consider defined in subsection (b), exceeds 36 percent. charges, and payments described in sub- simple solutions. We can help give ‘‘(b) FEE AND INTEREST RATE DEFINED.— section (b)(1). ‘‘(1) IN GENERAL.—For purposes of this sec- ‘‘(3) ADJUSTMENTS AUTHORIZED.—The Board more money to American consumers tion, the fee and interest rate includes all may make adjustments to the calculations today without borrowing money that charges payable, directly or indirectly, inci- in paragraphs (1) and (2), but the primary must be repaid tomorrow. Let’s start dent to, ancillary to, or as a condition of the goals of such adjustment shall be to protect by eliminating some of the worst extension of credit, including— consumers and to ensure that the 36 percent

VerDate Nov 24 2008 02:07 Feb 27, 2009 Jkt 079060 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\CR\FM\G26FE6.039 S26FEPT1 smartinez on PROD1PC64 with SENATE S2572 CONGRESSIONAL RECORD — SENATE February 26, 2009 fee and interest rate limitation is not cir- The ‘‘Protecting Consumers from Unrea- Maude Hurd, Association of Community cumvented. sonable Credit Rates Act’’ would implement Organizations for Reform Now (ACORN). ‘‘(d) DEFINITION OF CREDITOR.—As used in a key promise made by President Obama to George Goehl, National Training and Infor- this section, the term ‘creditor’ has the same extend to all Americans Congressional pro- mation Center. meaning as in section 702(e) of the Equal tection against predatory lending for Service Ira Rheingold, National Association of Credit Opportunity Act (15 U.S.C. 1691a(e)). members and their families. By limiting the Consumer Advocates (NACA). ‘‘(e) NO EXEMPTIONS PERMITTED.—The ex- total cost of consumer credit to 36 percent, Jerily DeCoteau, First Nations Develop- emption authority of the Board under sec- Congress will keep billions of dollars in the ment Institute. tion 105 shall not apply to the rates estab- hands of low and moderate-income con- Joanna Donohoe, Oweesta Corporation. lished under this section or the disclosure re- sumers, helping to stimulate the economy Lisa Rice, National Fair Housing Alliance. quirements under section 127(b)(6). without costing taxpayers a penny. Rosemary Shahan, Consumers for Auto Re- ‘‘(f) DISCLOSURE OF FEE AND INTEREST RATE This measure is designed to keep afford- liability and Safety. FOR CREDIT OTHER THAN OPEN END CREDIT able financial products available, as lenders Steve Hitov, National Health Law Program PLANS.—In addition to the disclosure re- who offer sustainable loans do so at rates (NHeLP). quirements under section 127(b)(6), the Board well below 36 percent annually. But it would Jacqueline Johnson Pata, National Con- may prescribe regulations requiring disclo- eliminate abuses that rely on high fees, in- gress of American Indians. sure of the fee and interest rate established terest and other devices to charge extremely Joe Rich, Lawyers’ Committee for Civil under this section in addition to or instead high annual rates—some 400 percent and Rights Under Law. of annual percentage rate disclosures other- higher—to trap consumers in debt they can- STATE ORGANIZATIONS wise required under this title. not afford to pay off. ‘‘(g) RELATION TO STATE LAW.—Nothing in Protections that once curbed abusive lend- Shay Farley, Alabama Appleseed. this section may be construed to preempt ing in America have been shredded, and con- Barbara Williams, Alaska Injured Workers any provision of State law that provides sumers are paying astronomical rates for Alliance Research and Development Corp. greater protection to consumers than is pro- credit, especially those who have the fewest Diane E. Brown, Arizona Public Interest vided in this section. resources. Payday loans cost 400 percent Research Group. ‘‘(h) CIVIL LIABILITY AND ENFORCEMENT.—In APR or higher; car title loans cost 300 per- Leslie Kyman Cooper, Arizona Consumers addition to remedies available to the con- cent APR and put car ownership at risk; Council. sumer under section 130(a), any payment loans secured by expected tax refunds cost 50 Al Sterman, Democratic Processes Center, compensating a creditor or prospective cred- to 500 percent APR; and credit card fees and Arizona. itor, to the extent that such payment is a interest can combine to produce triple-digit Karin Uhlich, Southwest Center for Eco- transaction made in violation of this section, rates. Bank overdraft loans can cost quad- nomic Integrity, Arizona. shall be null and void, and not enforceable by ruple digit interest rates. These extremely H.C. ‘‘Hank’’ Klein, Arkansans Against any party in any court or alternative dispute expensive credit products drain billions from Abusive Payday Lending, Arkansas. resolution forum, and the creditor or any families who struggle to make ends meet, di- Jim Bliesner, San Diego City/County Rein- subsequent holder of the obligation shall minishing their ability to purchase products vestment Task Force, California. promptly return to the consumer any prin- and services that would boost the economy. Betsy Handler, Inner City Law Center, Los cipal, interest, charges, and fees, and any se- The ability of states to enact meaningful Angeles, California. curity interest associated with such trans- reforms on credit card and bank overdraft Richard Holober, Consumer Federation of action. Notwithstanding any statute of limi- practices has been severely restricted as a California. tations or repose, a violation of this section result of federal preemption. Banks are now Kimberly Jones and Liana Molina, Cali- may be raised as a matter of defense by permitted to locate in a state without con- fornia Reinvestment Coalition. recoupment or setoff to an action to collect sumer protections and then engage in un- Kyra Kazantzis, Public Interest Law Firm, such debt or repossess related security at regulated lending in the other forty-nine Fair Housing Law Project, San Jose, CA any time. states, which are powerless to protect their M. Stacey Hawver, Legal Aid Society of ‘‘(i) VIOLATIONS.—Any person that violates citizens against high cost credit cards and San Mateo County, CA. this section, or seeks to enforce an agree- tax refund anticipation loans. State usury Raphael L. Podolsky, Legal Assistance Re- ment made in violation of this section, shall caps have been riddled with loopholes and ex- source Center of Connecticut, Inc. Lynn be subject to, for each such violation, 1 year ceptions, leaving consumers in thirty-five Drysdale, Jacksonville Area Legal Aid, Inc., in prison and a fine in an amount equal to states exposed to outrageously expensive Florida. the greater of— payday loans. Bill Newton, Florida Consumer Action Net- ‘‘(1) 3 times the amount of the total ac- The FAIR (Fees and Interest Rate) cap on work. crued debt associated with the subject trans- consumer credit is set high enough not to Sally G. Schmidt, Florida Equal Justice action; or hamper mainstream responsible lending. A 36 Center. ‘‘(2) $50,000. percent rate cap is twice the limit for feder- Victor Geminani, Lawyers for Equal Jus- ‘‘(j) STATE ATTORNEYS GENERAL.—An ac- ally-chartered credit unions and enables tice, Hawaii. tion to enforce this section may be brought credit to be responsibly extended to con- Don Carlson, Central Illinois Organizing by the appropriate State attorney general in sumers with less than perfect credit ratings. Project, Illinois. any United States district court or any other This is the rate cap enacted by Congress Lynda DeLaforgue and William McNary, court of competent jurisdiction within 3 through the Military Lending Act and is the Citizen Action/Illinois. years from the date of the violation, and limit typically used in state small loan laws. Rose Mary Meyer, Project IRENE, Illinois. such attorney general may obtain injunctive The FAIR cap will be the maximum amount Dory Rand, Woodstock Institute, Illinois. relief.’’. lenders can charge, but states will be able to Madeline Talbott, Action Now, Illinois. SEC. 4. DISCLOSURE OF FEE AND INTEREST RATE set lower rate caps to protect their citizens, Brian C. White, Lakeside Community De- FOR OPEN END CREDIT PLANS. such as New York’s 25 percent criminal cap velopment Corporation, Illinois. Section 127(b)(6) of the Truth in Lending and Arkansas’s constitutional cap. Victor Elias, Child and Family Policy Cen- Act (15 U.S.C. 1637(b)(6)) is amended by strik- We urge quick action to implement the ter and Iowa Coalition Against Abusive ing ‘‘the total finance charge expressed’’ and FAIR cap to stop usurious credit rates, to Lending, Iowa. all that follows through the end of the para- protect struggling consumers, and to put all Larry M. McGuire, Minister, Community graph and inserting ‘‘the fee and interest lenders under the same set of protections. of Christ and Inter-Religious Council of Linn rate, displayed as ‘FAIR’, established under Sincerely, County, Iowa. section 141.’’. Jean Ann Fox, Consumer Federation of Lana L. Ross, Iowa Community Action As- DIVERSE NATIONAL AND STATE GROUPS America. sociation. SUPPORT DURBIN/SPEIER FAIR BILL Pam Banks, Consumers Union. Jason Selmon, Sunflower Community Ac- FEBRUARY 25, 2009. Lauren Saunders, National Consumer Law tion, Kansas. Hon. RICHARD J. DURBIN, Center (on behalf of its low income clients). Terry Brooks, Kentucky Youth Advocates. Hart Senate Bldg., Edmund Mierzwinski, U. S. Public Interest Dana Jackson, Making Connections Net- Washington, DC. Research Group. work, Louisville, Kentucky. Michael Calhoun, Center for Responsible Hon. JACKIE SPEIER, Melissa Fry Konty, Mountain Association Lending. for Community Economic Development, Cannon House Office Bldg., David Berenbaum, National Community Kentucky. Washington, DC. Reinvestment Coalition. DEAR SENATOR DURBIN AND REPRESENTA- Hilary O. Shelton, NAACP. Anne Marie Regan and Rich Seckel, Ken- TIVE SPEIER: We applaud Senator Durbin and Linda Sherry, Consumer Action. tucky Equal Justice Center. Representative Speier for proposing a meas- Sally Greenberg, National Consumers Amy Shir, Kentucky Asset Building Coali- ure that would stop a wide range of lending League. tion. abuses by capping interest rates for con- Don Mathis, Community Action Partner- Debra Gardner, Public Justice Center, sumer credit at 36 percent annually. Clean- ship. Maryland. ing up the finance industry is essential to a Jim Campen, Americans For Fairness in Charles Shafer, Maryland Consumer Rights sustainable economic recovery. Lending. Coalition.

VerDate Nov 24 2008 02:07 Feb 27, 2009 Jkt 079060 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\CR\FM\A26FE6.095 S26FEPT1 smartinez on PROD1PC64 with SENATE February 26, 2009 CONGRESSIONAL RECORD — SENATE S2573 Debra Fastino, The Coalition for Social SUBMITTED RESOLUTIONS SENATE RESOLUTION 58—DESIG- Justice, Massachusetts. NATING THE WEEK OF MARCH 1 Jim Breslauer, Neighborhood Legal Serv- THROUGH MARCH 8, 2009, AS ices, Lawrence, Massachusetts. ‘‘SCHOOL SOCIAL WORK WEEK’’ Caroline Murray, Alliance to Develop SENATE RESOLUTION 57—DESIG- Power/ADP Worker Center, Massachusetts NATING THE FIRST WEEK OF Mr. WHITEHOUSE (for himself, Mr. Paheadra B. Robinson, Mississippi Center for APRIL 2009 AS ‘‘NATIONAL AS- COCHRAN, Mr. KERRY, Ms. LANDRIEU, Justice. BESTOS AWARENESS WEEK’’ Mr. BROWN, Mr. LAUTENBERG, Mrs. Robin Acree, GRO-Grassroots Organizing, MURRAY, Mrs. LINCOLN, Mr. KENNEDY, Mr. BAUCUS (for himself, Mr. LEAHY, Missouri. and Mr. FEINGOLD) submitted the fol- Mike Cherry, Consumer Credit Counseling Mr. ISAKSON, Mr. TESTER, Mr. KEN- lowing resolution; which was referred Service, Missouri. NEDY, Mr. DURBIN, Mr. REID, Mrs. FEIN- to the Committee on the Judiciary: Mike Ferry, Gateway Legal Services, Inc., STEIN, and Mrs. MURRAY) submitted the Missouri, Arkansas, and Illinois. following resolution; which was re- S. RES. 58 Linda Gryczan, Montana Business and Pro- ferred to the Committee on the Judici- Whereas the Senate has recognized the im- fessional Women, Montana Women’s Lobby ary: portance of school social work through the Linda E. Reed, Montana Community Foun- inclusion of school social work programs in S. RES. 57 dation. the current authorizations of the Elemen- Michele Johnson, Consumer Credit Coun- Whereas dangerous asbestos fibers are in- tary and Secondary Education Act of 1965 (20 seling Service, Nevada and Utah visible and cannot be smelled or tasted; U.S.C. 6301 et seq.) and the Individuals with Dan Wulz, Legal Aid Center of Southern Whereas the inhalation of airborne asbes- Disabilities Education Act (20 U.S.C. 1400 et Nevada. tos fibers can cause significant damage; seq.); Whereas school social workers serve as Paula J. O’Brien, New York State Con- Whereas asbestos fibers can cause mesothelioma, asbestosis, and other health problems; vital members of a school’s educational sumer Protection Board. team, playing a central role in creating part- Josh Zinner and Sarah Ludwig, Neighbor- Whereas asbestos-related diseases can take 10 to 50 years to present themselves; nerships between the home, school, and com- hood Economic Development Advocacy munity to ensure student academic success; Whereas the expected survival time for Project, New York. Whereas school social workers are espe- those diagnosed with mesothelioma is be- Al Ripley, North Carolina Justice Center. cially skilled in providing services to stu- tween 6 and 24 months; Jeffrey D. Dillman, Housing Research and dents who face serious challenges to school Advocacy Center, Ohio. Whereas generally, little is known about success, including poverty, disability, dis- late-stage treatment of asbestos-related dis- Bill Faith, Coalition on Homelessness and crimination, abuse, addiction, bullying, di- eases, and there is no cure for such diseases; Housing in Ohio. vorce of parents, loss of a loved one, and Whereas early detection of asbestos-re- Jim McCarthy, Miami Valley Fair Housing other barriers to learning; lated diseases may give some patients in- Center, Inc., Ohio. Whereas there is a growing need for local creased treatment options and might im- educational agencies to offer the mental David Rothstein, PolicyMatters, Ohio. prove their prognoses; health services that school social workers Jeff Shuman, Deep Fork Community Ac- Whereas the United States has reduced its provide when working with families, teach- tion, Oklahoma. consumption of asbestos substantially, yet ers, principals, community agencies, and Linda Burgin, SEIU Local 503, Oregon. continues to consume almost 2,000 metric other entities to address students’ emo- Linda Burgin, SEIU Oregon State Council. tons of the fibrous mineral for use in certain tional, physical, and environmental needs so Jerry Cohen, AARP Oregon. products throughout the Nation; that students may achieve behavioral and Alice Dale, SEIU Local 49, Oregon. Whereas asbestos-related diseases have academic success; Angela Martin, Our Oregon. killed thousands of people in the United Whereas to achieve the goal of the No States; Child Left Behind Act of 2001 (Public Law Kerry Smith, Community Legal Services, 107–110) of helping all children reach their Pennsylvania. Whereas exposure to asbestos continues, but safety and prevention of asbestos expo- optimal levels of potential and achievement, Sue Berkowitz, South Carolina Appleseed sure already has significantly reduced the in- including children with serious emotional Legal Justice Center. cidence of asbestos-related diseases and can disturbances, schools must work to remove Rena Eller, Senior Citizens of Henderson- further reduce the incidence of such diseases; the emotional, behavioral, and academic bar- ville, Inc. Whereas asbestos has been a cause of occu- riers that interfere with student success in Dana M. Given, United Way of Sumner pational cancer; school; County, Tennessee. Whereas fewer than 1 in 5 of the 17,500,000 Whereas thousands of workers in the children in need of mental health services Corky Neale, RISE Foundation and Mem- United States face significant asbestos expo- actually receive these services, and research phis Responsible Lending Collaborative, TN. sure; indicates that school mental health pro- Karen Pershing, United Way of Greater Whereas thousands of people in the United Knoxville, Tennessee. grams improve educational outcomes by de- States die from asbestos-related diseases creasing absences, decreasing discipline re- Sherry Tolli, Home Safe of Sumner, Wilson every year; and Robertson Counties, Inc., Tennessee. ferrals, and improving academic achieve- Whereas a significant percentage of all as- ment; Carlos Gallinar, La Fe Community Devel- bestos-related disease victims were exposed Whereas school mental health programs opment Corporation, El Paso, Texas. to asbestos on naval ships and in shipyards; are critical to early identification of mental Regina Harvey, Dominion Financial Man- Whereas asbestos was used in the construc- health problems and in the provision of ap- agement, Smyrna, Texas. tion of a significant number of office build- propriate services when needed; Linda Hilton, Coalition of Religious Com- ings and public facilities built before 1975; Whereas the national average ratio of stu- munities, Utah. Whereas people in the small community of dents to school social workers recommended Janice ‘‘Jay’’ Johnson, Virginia Organizing Libby, Montana have asbestos-related dis- by the School Social Work Association of Project. eases at a significantly higher rate than the America is 400 to 1; and Irene E. Leech, Virginia Citizens Consumer national average and suffer from mesothe- Whereas the celebration of ‘‘School Social Council. lioma at a significantly higher rate than the Work Week’’ highlights the vital role school LaTonya Reed and C. Douglas Smith, Vir- national average; and social workers play in the lives of students ginia Interfaith Center. Whereas the establishment of a ‘‘National in the United States: Now, therefore, be it Ward Scull and Mike Lane, Virginians Asbestos Awareness Week’’ will raise public Resolved, That the Senate— against Payday Lending. awareness about the prevalence of asbestos- (1) designates March 1 through March 8, related diseases and the dangers of asbestos James W. Speer, Virginia Poverty Law 2009, as ‘‘School Social Work Week’’; exposure: Now, therefore, be it Center. (2) honors and recognizes the contributions Resolved, That the Senate— of school social workers to the successes of Dana Wiggins, Virginia Partnership to En- (1) designates the first week of April 2009 students in schools across the Nation; and courage Responsible Lending. as ‘‘National Asbestos Awareness Week’’; (3) encourages the people of the United Maya Baxter, Statewide Poverty Action (2) urges the Surgeon General to warn and States to observe ‘‘School Social Work Network, Washington. educate people about the public health issue Week’’ with appropriate ceremonies and ac- John R. Jones, Washington ACORN. of asbestos exposure, which may be haz- tivities that promote awareness of the vital Bruce Neas, Columbia Legal Services, ardous to their health; and role of school social workers, in schools and Washington, on behalf of clients. (3) respectfully requests that the Secretary in the community as a whole, in helping stu- Will Pittz, Washington Community Action of the Senate transmit a copy of this resolu- dents prepare for their futures as productive Network. tion to the Office of the Surgeon General. citizens.

VerDate Nov 24 2008 02:07 Feb 27, 2009 Jkt 079060 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\CR\FM\A26FE6.087 S26FEPT1 smartinez on PROD1PC64 with SENATE S2574 CONGRESSIONAL RECORD — SENATE February 26, 2009 AMENDMENTS SUBMITTED AND mittee on Commerce, Science, and The PRESIDING OFFICER. Without PROPOSED Transportation be authorized to hold a objection, it is so ordered. SA 591. Mr. DURBIN submitted an amend- hearing during the session of the Sen- COMMITTEE ON THE JUDICIARY ment intended to be proposed by him to the ate on Thursday, February 26, 2009, at Mr. LIEBERMAN. Mr. President, I bill S. 160, to provide the District of Colum- 10 a.m., in room 253 of the Russell Sen- ask unanimous consent that the Sen- bia a voting seat and the State of Utah an ate Office Building. ate Committee on the Judiciary be au- additional seat in the House of Representa- The Committee will examine Con- thorized to meet during the session of tives. sumer Protection and the Credit Crisis the Senate, in order to conduct an ex- f and enforcement against fraudulent ecutive business meeting on Thursday, TEXT OF AMENDMENTS credit repair schemes under the Credit February 26, 2009, at 10 a.m. in room Repair Organization Act (CROA). SA 591. Mr. DURBIN submitted an SD–226 of the Dirksen Senate Office Specifically, the Committee will ex- Building. amendment intended to be proposed by amine consumer protection in credit him to the bill S. 160, to provide the The PRESIDING OFFICER. Without counseling, debt management, and objection, it is so ordered. District of Columbia a voting seat and foreclosure rescue programs and fraud. COMMITTEE ON VETERANS’ AFFAIRS the State of Utah an additional seat in The Committee will also examine over- the House of Representatives; as fol- sight of the federal authorities, pro- Mr. LIEBERMAN. Mr. President, I lows: tecting distressed consumers from ask unanimous consent that the Com- At the end of the bill add the following: mortgage fraud scams, and steering mittee on Veterans’ Affairs be author- SEC. 9. FCC AUTHORITIES. families away from these fraudulent ized to meet during the session of the (a) CLARIFICATION OF GENERAL POWERS.— schemes toward a path of financial sta- Senate on Thursday, February 26, 2009 Title III of the Communications Act of 1934 bility. at 10 a.m. to conduct a hearing on Car- is amended by inserting after section 303 (47 The PRESIDING OFFICER. Without ing for Veterans in Rural Areas. The U.S.C. 303) the following new section: objection it is so ordered. Committee will meet in room 418 of the ‘‘SEC. 303B. CLARIFICATION OF GENERAL POW- COMMITTEE ON ENERGY AND NATURAL Russell Senate Office Building begin- ERS. ning at 9:30 a.m. ‘‘(a) CERTAIN AFFIRMATIVE ACTIONS RE- RESOURCES The PRESIDING OFFICER. Without QUIRED.—The Commission shall take actions Mr. LIEBERMAN. Mr. President, I to encourage and promote diversity in com- ask unanimous consent that the Com- objection, it is so ordered. munication media ownership and to ensure mittee on Energy and Natural Re- SELECT COMMITTEE ON INTELLIGENCE that broadcast station licenses are used in sources be authorized to meet during Mr. LIEBERMAN. Mr. President, I the public interest. the session of the Senate in order to ask unanimous consent that the Select ‘‘(b) CONSTRUCTION.—Nothing in section Committee on Intelligence be author- 303A shall be construed to limit the author- conduct a hearing on Thursday, Feb- ity of the Commission regarding matters un- ruary 26, 2009, at 2:30 p.m., in room SD– ized to meet during the session of the related to a requirement that broadcasters 366 of the Dirksen Senate Office Build- Senate on February 26, 2009 at 2:30 p.m. present or ascertain opposing viewpoints on ing. The purpose of the hearing is to to hold a closed meeting. issues of public importance.’’. provide recommendations for reducing The PRESIDING OFFICER. Without (b) SEVERABILITY.—Notwithstanding sec- energy consumption in buildings objection, it is so ordered. tion 7(a), if any provision of section 2(a)(1), through improved implementation of SUBCOMMITTEE ON OVERSIGHT OF GOVERNMENT 2(b)(1), or 3 or any amendment made by those authorized DOE programs and through MANAGEMENT, THE FEDERAL WORKFORCE, sections is declared or held invalid or unen- AND THE DISTRICT OF COLUMBIA forceable by a court of competent jurisdic- other innovative federal energy effi- tion, the amendment made by subsection (a) ciency policies and programs. Mr. LIEBERMAN. Mr. President, I and the application of such amendment to The PRESIDING OFFICER. Without ask unanimous consent that the Com- any other person or circumstance shall not objection, it is so ordered. mittee on Homeland Security and Gov- be affected by such holding. COMMITTEE ON FOREIGN RELATIONS ernmental Affairs’ Subcommittee on f Mr. LIEBERMAN. Mr. President, I Oversight of Government Management, ask unanimous consent that the Com- the Federal Workforce, and the Dis- AUTHORITY FOR COMMITTEES TO mittee on Foreign Relations be author- trict of Columbia be authorized to MEET ized to meet during the session of the meet during the session of the Senate COMMITTEE ON ARMED SERVICES Senate on Thursday, February 26, 2009, on Thursday, February 26, 2009, at 2:30 Mr. LIEBERMAN. Mr. President, I at 2:30 p.m., to hold a hearing titled p.m. in order to conduct a hearing enti- ask unanimous consent that the Com- ‘‘Engaging Muslim Communities tled, ‘‘Protecting Public and Animal mittee on Armed Services be author- around the World.’’ Health—Homeland Security and the ized to meet during the session of the The PRESIDING OFFICER. Without Federal Veterinarian Workforce.’’ Senate on Thursday, February 26, 2009, objection, it is so ordered. The PRESIDING OFFICER. Without at 9:30 a.m., in open session to receive COMMITTEE ON HEALTH, EDUCATION, LABOR, objection, it is so ordered. testimony on strategic options for the AND PENSIONS f way ahead in Afghanistan and Paki- Mr. LIEBERMAN. Mr. President, I stan. ask unanimous consent that the Com- STANLEY J. ROSZKOWSKI UNITED The PRESIDING OFFICER. Without mittee on Health, Education, Labor, STATES COURTHOUSE objection, it is so ordered. and Pensions be authorized to meet, Mr. SANDERS. Mr. President, I ask COMMITTEE ON BANKING, HOUSING, AND URBAN during the session of the Senate, in unanimous consent that the Environ- AFFAIRS order to conduct a hearing entitled ment and Public Works Committee be Mr. LIEBERMAN. Mr. President, I ‘‘Integrative Care: A Pathway To A discharged from further consideration ask unanimous consent that the Com- Healthier Nation’’ on Thursday, Feb- of S. 387 and that the Senate then pro- mittee on Banking, Housing, and ruary 26, 2009. The hearing will com- ceed to its immediate consideration. Urban Affairs be authorized to meet mence at 10 a.m. in room 430 of the The PRESIDING OFFICER. Without during the session of the Senate on Dirksen Senate Office Building. objection, it is so ordered. The clerk February 26, 2009, at 10 a.m., in order to The PRESIDING OFFICER. Without will report the bill by title. conduct a committee hearing entitled objection, it is so ordered. The assistant legislative clerk read An Examination of the Administra- COMMITTEE ON INDIAN AFFAIRS as follows: tion’s Homeowner Affordability and Mr. LIEBERMAN. Mr. President, I A bill (S. 387) to designate the United Stability Plan. ask unanimous consent that the Com- States courthouse located at 211 South Court The PRESIDING OFFICER. Without mittee on Indian Affairs be authorized Street, Rockford, Illinois, as the Stanley J. objection, it is so ordered. to meet on Thursday, February 26, 2009 Roszkowski United States Courthouse. COMMITTEE ON COMMERCE, SCIENCE, AND at 10 a.m. in Room 628 of the Dirksen There being no objection, the Senate TRANSPORTATION Senate Office Building to conduct an proceeded to consider the bill. Mr. LIEBERMAN. Mr. President, I oversight hearing on Youth Suicide in Mr. SANDERS. Mr. President, I ask ask unanimous consent that the Com- Indian Country. unanimous consent that the bill be

VerDate Nov 24 2008 02:07 Feb 27, 2009 Jkt 079060 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\CR\FM\A26FE6.081 S26FEPT1 smartinez on PROD1PC64 with SENATE February 26, 2009 CONGRESSIONAL RECORD — SENATE S2575 read a third time and passed, the mo- APPOINTMENT be approved to date, the morning hour tion to reconsider be laid upon the The PRESIDING OFFICER. The be deemed expired, the time for the two table, with no intervening action or de- Chair, in accordance with Public Law leaders be reserved for their use later bate, and any statements related to the 93–618, as amended by Public Law 100– in the day, and the Senate proceed to a bill be printed in the RECORD. 418, on behalf of the President pro tem- period of morning business, with Sen- The PRESIDING OFFICER. Without pore and upon the recommendation of ators permitted to speak for up to 10 minutes each. objection, it is so ordered. the chairman of the Committee on Fi- nance, appoints the following members The PRESIDING OFFICER. Without The bill (S. 387) was ordered to be en- of the Finance Committee as congres- objection, it is so ordered. grossed for a third reading, was read sional advisers on trade policy and ne- f the third time, and passed, as follows: gotiations to International con- PROGRAM S. 387 ferences, meetings and negotiation sessions relating to trade agreements: the Mr. SANDERS. Mr. President, there Be it enacted by the Senate and House of Rep- will be no rollcall votes during Friday’s resentatives of the United States of America in Senator from Montana (Mr. BAUCUS), Congress assembled, the Senator from West Virginia (Mr. session of the Senate. However, Sen- ROCKEFELLER), the Senator from North ators should expect a busy week next SECTION 1. STANLEY J. ROSZKOWSKI UNITED Dakota (Mr. CONRAD), the Senator from week as the Senate considers the Om- STATES COURTHOUSE. Iowa (Mr. GRASSLEY), and the Senator nibus appropriations bill. (a) DESIGNATION.—The United States court- from Utah (Mr. HATCH). f house, located at 211 South Court Street, Rockford, Illinois, shall be known and des- f ADJOURNMENT UNTIL 9:30 A.M. ignated as the ‘‘Stanley J. Roszkowski ORDERS FOR FRIDAY, FEBRUARY TOMORROW United States Courthouse’’. 27, 2009 Mr. SANDERS. If there is no further (b) REFERENCES.—Any reference in a law, Mr. SANDERS. Mr. President, I ask business to come before the Senate, I map, regulation, document, paper, or other record of the United States to the United unanimous consent that when the Sen- ask unanimous consent that the Sen- States courthouse referred to in subsection ate completes its business today, it ad- ate adjourn under the previous order. (a) shall be deemed to be a reference to the journ until 9:30 a.m. tomorrow, Friday, There being no objection, the Senate, ‘‘Stanley J. Roszkowski United States February 27; that following the prayer at 5:11 p.m., adjourned until Friday, Courthouse’’. and pledge, the Journal of proceedings February 27, 2009, at 9:30 a.m.

VerDate Nov 24 2008 02:07 Feb 27, 2009 Jkt 079060 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\CR\FM\G26FE6.062 S26FEPT1 smartinez on PROD1PC64 with SENATE February 26, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E463 EXTENSIONS OF REMARKS

HONORING LABOR LEADER to her well-being and bright future. Her birth is PERSONAL EXPLANATION MATTIE JACKSON a blessing. I want to congratulate Margaret’s grand- HON. RUSH D. HOLT HON. NANCY PELOSI parents Joe and Vickie Chandler of Ninety Six, OF NEW JERSEY OF CALIFORNIA South Carolina, and Bill and Charlene Albon IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES of Newton, North Carolina. On behalf of my Thursday, February 26, 2009 wife Roxanne, and our entire family, we want Thursday, February 26, 2009 Mr. HOLT. Madam Speaker, on Monday to wish Brian, Susan, Joshua, and Margaret Ms. PELOSI. Madam Speaker, I rise to pay February 23, 2009 I did not return to Wash- all the best. tribute to a longtime labor and community ington in time and missed three votes. leader, Mattie Jackson, who died February 7 Had I been present I would have voted in San Francisco. Mrs. Jackson devoted her f ‘‘yes’’ on H.R. 911—Stop Child Abuse in Resi- life to fighting for equal rights in the workplace STATEMENT ON THE 60TH ANNI- dential Programs for Teens Act of 2009 (roll- and social justice for all San Franciscans. Dur- VERSARY OF ELGIN COMMUNITY call 72), ‘‘yes’’ on H.R. 44—Guam World War ing her tenure the rights of women and people COLLEGE II Loyalty Recognition Act (rollcall 73), and of color were protected and preserved. She ‘‘yes’’ on H.R. 601—Box Elder Utah Land educated and mobilized union members to Conveyance Act (rollcall 74). correct the unjust and unfair practices that ex- HON. BILL FOSTER f isted in the workplace. She was an inspiration to all who knew her. OF ILLINOIS COMMEMORATING THE 17TH ANNI- VERSARY OF THE MASSACRE AT Mrs. Jackson was born October 3, 1921 in IN THE HOUSE OF REPRESENTATIVES Livingston, Texas and moved to San Fran- KHOJALY cisco with her husband in 1943. Mrs. Jackson Thursday, February 26, 2009 began her distinguished career in the labor HON. ED WHITFIELD movement when she took a job at Koret of Mr. FOSTER. Madam Speaker, I rise today OF KENTUCKY California as a blind stitch operator in 1947 to congratulate Elgin Community College on IN THE HOUSE OF REPRESENTATIVES the occasion of its 60th anniversary and to join and worked for the next 20 years as shop Thursday, February 26, 2009 steward. In 1967 she joined the staff of the in recognizing May 22, 2009 as Elgin Commu- Pacific Northwest District Council of the Inter- nity College Day. Mr. WHITFIELD. Madam Speaker, I rise national Ladies Garment Workers Union Elgin Community College opened its doors today to solemnly recognize the 17th anniversary of the massacre at Khojaly, and to honor (ILGWU) and the National Board of the in the fall of 1949 with only 97 students, 1 ad- the lives of those lost in this great tragedy. ILGWU. As Manager over the next 20 years ministrator, 1 full-time faculty member and 17 On February 26, 1992, the small town of she earned the reputation of an unrelenting part-time staff members. For its first 10 years, advocate for garment workers and a tough ne- Khojaly, Azerbaijan was violently shaken by the school worked out of a wing of the old invading Armenian troops during the Arme- gotiator. She was chief negotiator of contracts High School on Elgin’s East Side. for the Pacific Northwest Division from 1970– nian-Azerbaijan war. Armenian forces sur- 1989. As a union leader her endorsement was Throughout the 1950s, ECC was run by rounded the town and opened fire on the inno- sought by all those seeking elected office in Public School District U–46. After 16 years of cent inhabitants. During this bloody incursion, the San Francisco area. existence, Elgin became an independent com- nearly 2,000 civilians—mostly women, children Upon her retirement in January 1990, the munity college in 1965. and the elderly—were brutally killed, wounded International President of the ILGWU, said, Throughout the 1970s, Elgin Community or taken hostage by the Armenian military ‘Mattie Jackson is an institution not only College expanded curricula, faculty, staff, and forces as they seized the town. This resulted in the largest massacre of modern times in the throughout our union, but throughout the entire services that included on-campus child care, Caucasus and Caspian Basin. labor movement.’ financial aid, job placement, student activities, According to Human Rights Watch and To her beloved daughter, Gail Jackson, her and tutoring. In 1974, the current boundaries other international observers, the massacre grandsons, Toriano Gordon, Marco Boccara, of the Community College District were estab- was committed by the ethnic Armenian armed and granddaughter Angelique Boccara, I ex- lished. This district encompasses 360 square forces, reportedly with the help of the Russian tend my deepest sympathy. Mattie Jackson miles and serves students from 5 counties. was a beloved friend of San Francisco and will 366th Motor Rifle Regiment. This crime led to not be forgotten. During the 1980s, Elgin Community Col- the death of 613 civilians; including 106 f lege’s enrollment increased significantly, so women, 63 children and 70 elderly men; 1275 the college adapted by opening new facilities persons were taken hostage, and the fate of TRIBUTE ON THE BIRTH OF off-site and exploring alternate ways to reach more than 150 remains unknown. MARGARET ELLISON ALBON its students. ECC first offered telecourses in At the time, Newsweek Magazine reported, 1980, and eventually opened a community ‘‘Azerbaijan was a charnel house again last HON. JOE WILSON education center in Carpentersville. week: a place of mourning refugees and doz- OF SOUTH CAROLINA From the 1990s up to today, the college has ens of mangled corpses dragged to a make- IN THE HOUSE OF REPRESENTATIVES continued to grow and now serves a diverse shift morgue behind the mosque. They were ordinary Azerbaijani men, women and children student population. Currently one out of every Thursday, February 26, 2009 of Khojaly, a small village in war-tom Nagorno- twelve adults in the Elgin Community College Mr. WILSON of South Carolina. Madam Karabakh overrun by Armenian forces on 25– District takes at least one class a year at the Speaker, today I am happy to congratulate 26 February. Many were killed at close range school, and three out of every ten high school Major and Mrs. Brian and Susan Albon, while trying to flee; some had their faces muti- seniors choose ECC to continue their edu- USMC, of Kailua, Hawaii, on the birth of their lated, others were scalped.’’ new baby daughter. Margaret Ellison Albon cation. Tragically, during this war, Khojaly was sim- was born on February 23, 2009, at 11:03 p.m., I congratulate the class of 2009 and the en- ply the first example of this savage cruelty. In weighing 5 pounds and 14 ounces. Margaret tire Elgin Community College Family. I thank fact, the level of brutality and the unprece- joins an older brother Joshua William Albon. them for their service to the community, and I dented atrocities committed at Khojaly set a She has been born into a loving home, where look forward to watching the College grow in pattern of destruction and ethnic cleansing she will be raised by parents who are devoted the future. that Armenian troops would adhere to for the

∑ 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 04:24 Feb 27, 2009 Jkt 079060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\A26FE8.001 E26FEPT1 jbell on PROD1PC69 with REMARKS E464 CONGRESSIONAL RECORD — Extensions of Remarks February 26, 2009 remainder of the war. On November 29, 1993, lege and Crafton Hills College. We also were United States Marines. It is time we deal with Newsweek quoted a senior U.S. Government instrumental in securing funding from public the lawlessness on the U.S.-Mexico Border. official as saying, ‘‘what we see now is a sys- and private partnership in order to reinstitute tematic destruction of every village in their (the the wrestling program at San Bernardino Val- f Armenians) way. It’s vandalism.’’ ley College. Altogether, the occupied areas represent Survived by his wife, Janice, his memory PROVIDING FOR CONSIDERATION roughly 20 percent of the territory of Azer- will also be carried on by his children Chris- OF H.R. 1105, OMNIBUS APPRO- baijan. And, altogether roughly one million topher Beeman, Beth Beeman Dorado, Roland PRIATIONS ACT, 2009 Azerbaijanis were evicted from their homes ‘‘Scott’’ Beeman and Gary Beeman; his broth- over the course of the Armenian-Azerbaijan er; Jerry Beeman; his sister, Lois Waugh; and SPEECH OF war. Chuck’s loving twelve grandchildren. HON. BARBARA LEE Armenia’s then-defense minister Serge As a longtime colleague and friend of OF CALIFORNIA Sarkisian in an interview with British journalist Chuck’s, I’ll always remember his love for Tomas de Waal openly admitted that ‘‘before model car racing and though new to the IN THE HOUSE OF REPRESENTATIVES Khojaly the Azerbaijanis thought that . . . the game, a great golfer as well. At the last San Wednesday, February 25, 2009 Armenians were people who could not raise Bernardino Community College meeting in De- their hands against the civilian population. We cember where we were celebrating his con- Ms. LEE of California. Mr. Speaker, I rise in were able to break that [stereotype].’’ tribution to the District, I appreciated the men- support of H.R. 1105, the Omnibus Appropria- tions Act of 2009, and I thank Chairman OBEY, Madam Speaker, in recognition of this hor- tion that we can now add a 78 for his best my Chairman, as well as the leadership, for rific day, an international humanitarian aware- round of golf to Chuck’s long list of accom- their work in putting this bill together. ness campaign, ‘‘Justice for Khojaly,’’ was ini- plishments. tiated by Mrs. Leyla Aliyeva, and provides I would like to express my greatest sym- Today’s action on the Omnibus Appropria- much needed information on the massacre pathies for his family’s loss. Let us take a motions bill will complete action on the federal through its website for interested parties. In ment to remember this great man and his ad- budget for fiscal year 2009. the wake of the 17th anniversary of this mas- mirable dedication to instilling positive change When we originally began this process over sacre, I encourage all of us to familiarize our- and leading an exemplary life, one whose a year ago, we were dealing with a President selves with this dreadful past so it is not re- footsteps we all hope to follow. The thoughts who rejected the idea that we needed to in- peated in the future. I also stand with all Azer- and prayers of my wife Barbara, my family vest in our children’s education. baijani-Americans as they recognize and com- and I are with his family at this time. He didn’t think we should fund job training memorate this solemn day. God Bless Charles ‘‘Chuck’’ Beeman for and employment services to ensure that love of country and mankind. American workers could compete in the global f f economy. TRIBUTE TO CHARLES ‘‘CHUCK’’ He didn’t think that all Americans should BEEMAN THE LAWLESSNESS SOUTH OF THE have access to quality affordable health care, BORDER CONTINUES . . . TOO or that we should try and lift up the more than DANGEROUS FOR MARINES? HON. JOE BACA 37 million people living in poverty. He rejected the basic notion that ‘‘an ounce OF CALIFORNIA HON. TED POE of prevention is worth a pound of cure’’ and IN THE HOUSE OF REPRESENTATIVES OF TEXAS tried to cut funding for the CDC, while oppos- Thursday, February 26, 2009 IN THE HOUSE OF REPRESENTATIVES ing increases in funding for cutting edge biomedical research to create the next generation Mr. BACA. Madam Speaker, I stand here Thursday, February 26, 2009 of miracle drugs. today to honor a loving father, loyal husband, Mr. POE of Texas. Madam Speaker, Ameri- He told us in no uncertain terms that he adoring grandfather, Charles ‘‘Chuck’’ Bee- cans are still under vicious attack in Mexico. man. would veto any federal budget we passed that How violent is it on the border? Last month, tried to invest in education, job training, Born in Clovis, New Mexico, his family Marines at Camp Pendleton were barred from healthcare, alternative energy, and local law moved to San Bernardino, California where he visiting Tijuana, Mexico. Lt. General Samuel enforcement and ensure the continued pros- grew up to become a longstanding, influential Helland of the 1st Marine Expeditionary Force perity of our nation. member of the community. Having graduated at Camp Pendleton restricted Marines from And he did so while demanding that we pro- from San Bernardino High School in 1950, traveling to Tijuana because they are con- vide hundreds of billions of dollars to fund the Chuck received a track scholarship to attend cerned for the safety of Marines. Our United ongoing war and occupation in Iraq, and to USC. However, it was his thirst for education States Marines, Camp Pendleton Marines, bail out the banking industry for their greed that made him truly shine as he earned a doc- who have toured in Iraq and Afghanistan can’t and mismanagement. torate in pharmacy from USC in 1956. travel 60 miles to the Mexican border because In addition to serving in the Army and the it is too dangerous. Rather than accepting the President’s posi- Army Reserve, Chuck became a successful In 2008, over 800 people were killed in Ti- tion that the American people were not worth businessman, opening Beeman’s Pharmacy at juana, compared to the 2007 death toll num- investing in, we decided to wait him out. St. Bernardine Medical Center in 1963. At the ber of 337. Organized, violent crimes continue Today we have a President, who rejects the same time, he continued working at Krause to spread south of the border. Currently, the failed economic policies and ideologies of the Pharmacy on North E Street. In 1971, Chuck U.S. Department of State’s travel alert still ex- last eight years. expanded his business by opening a second ists for Mexican border towns. The State De- We have a President who believes that, Beeman’s Pharmacy across the street in partment reports that ‘‘Mexican drug cartels yes, the American people—our constituents— 1971. However, his passion and concern for are engaged in an increasingly violent fight for deserve a government that works for them, the community reached beyond his place of control of narcotics trafficking routes along the and that is willing to invest in them to ensure work as he was a strong advocate for higher U.S.-Mexico border . . . recent drug cartels that they can get a good education, live education. have taken on the characteristics of small unit healthy and productive lives, and obtain mean- Appointed to the San Bernardino Commu- combat, with cartels employing automatic ingful employment, and raise their children in nity College District board in 1983, Chuck weapons and, on occasion, grenades.’’ I have a just and peaceful world. served until November 2008. Having served been down to the Texas-Mexico border now Yes, Mr. Speaker, change has indeed come for twelve years together on the board, I al- 14 times, and I have talked to local sheriffs to our nation’s capital. And now we’ve got to ways respected his leadership and dedication who testify to the wild, Wild West border style roll up our sleeves and get to work. to the community. Through our bipartisan ef- wars that take place in these towns and cor- The Omnibus Appropriations Act of 2009 forts, we were always very supportive of one roborate with the U.S. Department of State’s makes critical investments in a range of pro- another. Together, we were successful in warnings to Americans. grams and builds on the economic stimulus helping implement the first Hispanic President These are dangerous, deadly times on the package to help put America to work. of sister schools San Bernardino Valley Col- U.S.-Mexico border, dangerous enough to ban I urge my colleagues to support it.

VerDate Nov 24 2008 04:41 Feb 27, 2009 Jkt 079060 PO 00000 Frm 00002 Fmt 0626 Sfmt 0634 E:\CR\FM\A26FE8.005 E26FEPT1 jbell on PROD1PC69 with REMARKS February 26, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E465 CAPTIVE PRIMATE SAFETY ACT Fifty people died as a result of this crash, and Bill Number: H.R. 1105 an investigation is underway to determine the Account: Health Resources and Services SPEECH OF cause of that crash. (HRSA)—Health Facilities and Services HON. MARK STEVEN KIRK While we have the safest air transportation Legal Name of Requesting Entity: Child Pro- system in the world, we must not become tection Center, Inc. OF ILLINOIS complacent. Address of Requesting Entity: 1750 17th St., IN THE HOUSE OF REPRESENTATIVES Again, we, as a nation, mourn the loss of Bldg. L, Sarasota, Fl. 34234 Monday, February 23, 2009 Continental Connection Flight 3407 and urge Description of Request: I secured $285,000 Mr. KIRK. Mr. Speaker, as the lead Repub- my colleagues to strongly support H. Res. for the Child Protection Center. lican sponsor I am pleased to rise in support 183. The ‘‘Pillar of Hope’’ Campaign seeks to of the Captive Primate Safety Act. This legisla- f build a Child Advocacy Center in Sarasota, Florida. Along with the expansion of the coun- tion, supported by the American Zoo and THE GIDEONS Aquarium Association, the Humane Society of seling program, the Center will have two new the United States, and the Jane Goodall Insti- state-of-the-art medical exams rooms at their tute, among others, would protect public HON. TED POE location. By having the ability to provide more health and safety and enhance animal welfare OF TEXAS medical services to abused children the bur- by preventing people from keeping nonhuman IN THE HOUSE OF REPRESENTATIVES den on local emergency rooms will be less- primates as pets. Thursday, February 26, 2009 ened. Currently, the Center is unable to offer On February 16, 2009, Travis, a 200-pound Mr. POE of Texas. Madam Speaker, Abra- certain services as they are limited in space in chimpanzee, attacked a 55-year-old woman in ham Lincoln believed that ‘‘the Bible is the their current location. Connecticut. Travis, a popular figure in his best gift God has ever given to a man.’’ For Requesting Member: Congressman VERN home town who appeared in television com- 100 years The Gideon’s, a non-denomina- BUCHANAN Bill Number: H.R. 1105 mercials and posed for photographs, inflicted tional evangelical group of professional busi- Account: Transportation, Community, and such massive injuries on the victim that she nessmen, have labored to extend this heav- System Preservation now awaits a face transplant. enly gift by distributing Bibles throughout the Legal Name of Requesting Entity: Charlotte This gruesome incident highlights the fact world. I commend the Gideon’s as January County that keeping a primate for a pet is both dan- 2008 marks their centennial anniversary of Address of Requesting Entity: 18500 gerous to the owner and inhumane to the ani- serving God and sharing the gospel of Jesus. Murdock Circle, Suite 536 mal. Over the past decade, roughly 100 peo- ‘‘Of the many influences that have shaped Description of Request: I secured $380,000 ple have been injured by primates, many of the United States into a distinctive nation and for Evacuation Route Widening/Burnt Store whom are children. Acts of neglect have also people, none may be said to be more funda- Road Project. occurred in my home state of Illinois. In Octo- mental and enduring than the Bible.’’ Because Funds will be used to complete design and ber 2008, Chicago police seized a ring-tailed of this the Gideon’s are an undeniable part of begin construction of this evacuation route, ex- lemur that was reportedly found with no food, American history. From their humble roots in tending from Zemel Road to the Lee/Charlotte little water, and standing in his own waste. Beaver Dam, Wisconsin, three traveling busi- County line. Emergency evacuation times from Although nonhuman primates are our clos- nessmen devised a plan called ‘‘the Bible Charlotte and Lee Counties are unacceptably est living relatives, because they have unique project’’. Their mission was to simply furnish a high. The Burnt Store Road evacuation road, needs and can be dangerous, they should not Bible in hotel rooms throughout the United which services over 250,000 residents in Lee be kept as pets. With an estimated 15,000 pri- States. One hundred years later The Gideon’s and Charlotte Counties, requires 17.3 hours mates in private hands, federal legislation is presence in America and across the globe has clearance time for a category three hurricane needed to reinforce this fact. grown tremendously. They have now placed during peak season. This legislation would amend the Lacey Act more than 1.3 billion Bibles in more than 180 Funds will be used to expand the existing by adding nonhuman primates to the list of countries around the world. 2–lane rural highway to a 4–lane divided arte- ‘‘prohibited wildlife species,’’ declaring it illegal The Gideon’s patriotic spirit is truly realized rial with shoulders. It is estimated that this ef- for any individual person to import, export, through their quest to give all military per- fort will reduce clearance time by 11 hours transport, sell, receive, acquire, or purchase sonnel serving in the United States Armed and enhance the overall safety of the route. any prohibited wildlife species. The bill ex- Forces a small, pocket size New Testament. Requesting Member: Congressman VERN empts zoos, universities, and wildlife sanc- They also distribute Bibles to patients in BUCHANAN tuaries. Having passed in the 110th Congress United States Veterans hospitals. Their dis- Bill Number: H.R. 1105 overwhelmingly, I strongly encourage my col- tribution of Scriptures, touches the lives of Account: Corps of Engineers—Investigations leagues to join me again in passing this need- many people regardless of age, gender, in- ed and timely legislation. Legal Name of Requesting Entity: City of come, or need and for that they are great pa- Sarasota f triots. Address of Requesting Entity: 1565 First For the past 100 years, Gideons Inter- EXPRESSING CONDOLENCES TO Street, Sarasota, FL 34236 FAMILIES OF VICTIMS OF CRASH national members have given so much time Description of Request: I secured $166,250 OF CONTINENTAL CONNECTION and service to their communities, state, nation for the revitalization of the Robert L. Taylor FLIGHT 3407 and the world. In so doing, they have brought Community Center as part of the Newtown the Gospel message to life by distributing Redevelopment Comprehensive Plan. SPEECH OF God’s Word. I invite you to join me in honoring The Robert L. Taylor Community Center is all Gideons for their continued faithfulness and the only government sponsored/owned recre- HON. JERRY F. COSTELLO service to God. OF ILLINOIS ation center in Newtown and is the most heav- f ily used recreation center in the City. Its ren- IN THE HOUSE OF REPRESENTATIVES EARMARK DECLARATION ovation will provide modern recreation facilities Wednesday, February 25, 2009 for the youth of Newtown. The recreation cen- Mr. COSTELLO. Mr. Speaker, I rise today in HON. VERN BUCHANAN ter and its 10 acres of land, including athletic fields and a pool, is the home of the Redskins strong support of H. Res. 183, a resolution ex- OF FLORIDA pressing condolences to the families, friends, football league (little league football), a gym, IN THE HOUSE OF REPRESENTATIVES and loved ones of the victims of the crash of weight room, auditorium (used heavily by sen- Continental Connection Flight 3407. Thursday, February 26, 2009 iors for meetings and bingo, etc.), and busi- I want to thank my colleagues, Mr. LEE and Mr. BUCHANAN. Madam Speaker, pursuant ness offices. The center is also the primary fa- the members of the New York delegation, for to the Republican Leadership standards on cility used by local high school student ath- introducing this resolution. earmarks, I am submitting the following infor- letes when their school facilities are in use by On February 12, 2009, Continental Connec- mation regarding earmarks I received as part in-season sports. Unfortunately, most of the tion Flight 3407 crashed just a few miles from of H.R. 1105, the Omnibus Appropriations Act, facilities are in need of complete intense ren- the Buffalo Niagara International Airport. It 2009: ovation or replacement was a tragic accident and our thoughts and Requesting Member: Congressman VERN Requesting Member: Congressman VERN prayers are with the families of the victims. BUCHANAN BUCHANAN

VerDate Nov 24 2008 04:41 Feb 27, 2009 Jkt 079060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A26FE8.007 E26FEPT1 jbell on PROD1PC69 with REMARKS E466 CONGRESSIONAL RECORD — Extensions of Remarks February 26, 2009 Bill Number: H.R. 1105 disabled Korean War Veteran. His heroic ac- them, we include $18.5 billion in additional Account: Department of Justice—COPS tions earned him two Bronze Stars and the loan guarantee authority for renewables in the Law Enforcement Technology President’s coveted Distinguished Service Department of Energy’s Innovative Technology Legal Name of Requesting Entity: Sarasota Medal. Loan Guarantee Program. County Battered, wounded, with medals on his To keep our communities safe, we des- Address of Requesting Entity: 1660 Ringling chest, and limited choices in his life, Royal re- ignate $3.2 billion—or $495 billion above Blvd. Sarasota, Fl 34236 turned to the Village of Harlem. He sought out 2008—for State and local enforcement. Description of Request: I secured $600,000 to write his own ticket for a better future by And to ensure that America remains the for Emergency Technology and Communica- entering the City College of New York. Like so global leader in lifesaving biomedical research, tions from the COPS account for Sarasota many G.I.’s coming home from the war, he we invest $30.3 billion—or $938 million more County. was able to take full advantage of the G.I. Bill. than last year—in the National Institutes of Sarasota County is requesting federal as- Higher learning resulted in an undergraduate Health. sistance to help fund the next generation E– degree in accounting with a minor in Law of Mr. Speaker, it has been a long time com- 911 VOIP network technology component of a Labor Standards. ing, but we now see it was worth the wait. I new multifaceted Emergency Operations 911 Robert’s public service career began shortly will cast a ‘‘yes’’ vote and urge my colleagues Public Safety Communications Center. The thereafter at the NYC Department of Hospitals to do the same. technology component will replace the current as an auditor. Later, he worked for the NYC f 30-year-old 911 call-taking network (recog- Department of Public Works, the United States nizing only voice calls). This equipment is vital Internal Revenue Service, and as a publication EXPRESSING CONDOLENCES TO to helping keep the people of Sarasota County typesetter for the United Nations. FAMILIES OF VICTIMS OF CRASH safe. Robert’s call to the ministry in 1974 led to OF CONTINENTAL CONNECTION FLIGHT 3407 f entering New York Theological Seminary, where he received a Masters of Divinity. Rev- PAYING TRIBUTE TO REVEREND erend Royal is presently serving as Executive SPEECH OF ROBERT ROYAL ON HIS 80TH Director of the New Brighton Local Community HON. ERIC J.J. MASSA BIRTHDAY Development Corporation and Minister of So- OF NEW YORK cial Justice at Saint Paul Baptist Church under IN THE HOUSE OF REPRESENTATIVES HON. CHARLES B. RANGEL the leadership of Reverend Dr. V. DuWayne Wednesday, February 25, 2009 OF NEW YORK Battle. IN THE HOUSE OF REPRESENTATIVES Reverend Royal continues to be known for Mr. MASSA. Mr. Speaker, it is with deep so- his extraordinary commitment, energy, wis- lemnity that I take this moment to offer my sin- Thursday, February 26, 2009 dom, discipline, principle, and clear purpose cere condolences to the families and friends of Mr. RANGEL. Madam Speaker, it is with which have won the admiration of all who are the 50 individuals who lost their lives when great honor and enthusiasm that I rise to con- privileged to come to know and work with him. Flight 3407 crashed in Clarence, NY on Feb- gratulate my good friend Reverend Robert I consider myself fortunate to have the oppor- ruary 12th. While we can never bring them Royal as he joins his family, long time friends, tunity to observe and experience his example back we can make sure they are honorably re- and the Harlem community together in cele- as a personal inspiration. membered for their many contributions, both bration of his 80th Birthday. This momentous Madam Speaker, I ask that you and my dis- big and small, in the lives of those all around and joyous occasion will be celebrated with an tinguished colleagues join me in honoring and them. I further extend my condolences to my extraordinary affair on March 1, 2009 in the congratulating Reverend Robert Royal on his colleague, Rep. CHRIS LEE, who represents headquarters of ‘‘Our Children’s Foundation’’ historic 80th Birthday. His constant dedication, the 26th Congressional District where the trag- in my beloved village of Harlem. commitment, and spiritual guidance is worthy edy occurred. Reverend Royal has a very rich history that of the highest esteem. f has given him life and longevity. It all began f in the winter day of January 27, 1929. At the KLEIN COLLINS ROTC PROVIDING FOR CONSIDERATION tender age of fifteen, Mary, his dear mother, OF H.R. 1105, OMNIBUS APPRO- gave birth and quickly abandon her newborn PRIATIONS ACT, 2009 HON. TED POE on the streets of Harlem. Among the many OF TEXAS reasons that could compel a mother to make SPEECH OF IN THE HOUSE OF REPRESENTATIVES such a heart wrenching decision, one can only assume that uncertainty in her tender age and HON. CHRIS VAN HOLLEN Thursday, January 26, 2009 the economic downturn that was to become OF MARYLAND Mr. POE of Texas. Madam Speaker, I rise the Great Depression later on that year, were IN THE HOUSE OF REPRESENTATIVES today to recognize the outstanding achieve- strong reasons for such a decisive conclusion. Wednesday, February 25, 2009 ments of the Air Force Junior Reserve Offi- Robert Royal was placed in the old New Mr. VAN HOLLEN. Mr. Speaker, I am glad cers’ Training Corps (ROTC) Flying Tigers of York Hospital Founding Children’s Home, we are finally wrapping up our FY 09 Appro- Klein Collins High School in Klein, Texas. I under the administrations of the Catholic priations work and offer this legislation my full want to thank the AFJROTC Flying Tigers for Archdioceses of New York. As a youngster, he support today. their service to second district of Texas and to was loved, cared for, and reared by nine sur- Instead of slashing our federal investment in congratulate them on their many accomplish- rogate mothers. Before this eighth birthday, he priorities like education, health care, energy, ments that led them to be chosen to perform was transferred to the Riverdale Orphanage law enforcement and biomedical research as in this year’s presidential inaugural parade. for Colored Children. In 1937, he was finally President Bush had demanded, this bill com- Their selection to this high honor is a testa- adopted by a distant uncle who lived in Stan- plements the economic recovery package by ment to their mission statement ‘‘to develop ford, Connecticut. addressing our Nation’s immediate needs the best Air Force leaders and citizens of Robert returned to Harlem and attended while laying the foundation for long term eco- character, dedicated to serving the Nation.’’ I Cooper Junior High School. He excelled in his nomic growth. am proud that a well-qualified group of cadets studies and was given the honor to represent For example, to help 6.9 million families pay from Klein—Collins will be representing the his school at the New York Daily Mirror Inter- for college and prepare our students to com- state of Texas on Pennsylvania Avenue. national Youth Forum. Among the 500 pete in the 21st century global economy, we The KCHS AFJROTC has a history of suc- attendees, he was selected to be one of the allocate $17.3 billion—or $3 billion more than cess in their nationally acclaimed armed and five panelist chairs. He went on to complete 2008—for Pell Grants. unarmed drill team competitions. Under the di- his High School education at Seward Park To provide health care for over 470,000 un- rection of Colonel Daniel Crum and Sergeant High School. insured Americans during this economic down- Ray Watson, the cadets do much more than During the Korean War, there was a call to turn, we provide $2.2 billion—or $125 million drill competitions and marching in parades. national service. He answered the call of con- above last year’s levels—for our community They are involved in serving their school and scription and become a warrior in the fight for health centers. community through many different service freedom. Young Robert was among the many To accelerate the deployment of renewable projects and duties performed throughout the that had a near fatal experience, becoming a energy technologies and the jobs that go with year.

VerDate Nov 24 2008 04:41 Feb 27, 2009 Jkt 079060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A26FE8.009 E26FEPT1 jbell on PROD1PC69 with REMARKS February 26, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E467 The cadets have participated in numerous the USDA’s ARS located at 29603 U of I impact on their economies, supporting jobs, community projects that have respectfully Lane, Parma, Idaho, 83660. generating business activity, and federal, earned them as many as 3,200 ‘‘man hours’’ The report contains $650,000 in Animal and state, and local tax revenue. Maintenance of in the 2007/2008 school year. I want to recog- Plant Health Inspection Service, salaries and the strength of barley in the Idaho economy nize several projects that the JROTC partici- expenses, for Greater Yellowstone Inter- requires continual efforts to improve crop qual- pated in this year. They have provided color agency Brucellosis Committee. Idaho, Mon- ity and productivity. This can only be accom- guard presentations at many events around tana, and Wyoming are each required by law plished by investing in strong research pro- town. At Christmas time, the cadets sent care to manage brucellosis-infected wildlife within grams that keep the industry at the forefront. packages to our soldiers overseas. Locally, their borders in order to prevent the spread of This request is consistent with the intended they sponsored as many as eighteen ‘‘angels’’ brucellosis to non-infected wildlife, cattle, or purpose of this account. during the holidays to help provide impover- domestic bison. The Committee is coordi- The entity to receive funding for this project ished families with presents. They have col- nating with federal, state, and private actions is the University of Idaho, located at 875 Pe- lected canned food for several needy families. in eliminating brucellosis from wildlife in the rimeter Drive, Moscow, Idaho 83844. They have participated in a local fall festival Greater Yellowstone Area and preventing The report contains $235,000 in CSREES, held at one of the Klein Elementary schools. transmission of this disease from wildlife to research and education, for the Cool Season Many of the cadets have served on individual livestock. The funding will be used to develop Legume Research Project. This program is an service projects at their local churches, animal and implement brucellosis herd unit manage- aggressive cooperative research program be- shelters and the YMCA. There are countless ment plans; to perform functions and duties of tween the USDA, the University of Idaho, and other service projects this group participates in Idaho relative to the Greater Yellowstone the University of Washington that seeks new, throughout the community, all of which testi- Interagency Brucellosis Committee; to conduct high yielding, high quality, nutritious dry pea, fies to the quality of students in the great state brucellosis prevention, surveillance, control lentil, and chickpea varieties to meet producer of Texas. and eradication activities in Idaho and the and consumer needs. This research focuses The cadet’s service and patriotism to our Greater Yellowstone Area. This request is on the breeding of new, superior varieties of nation sets them apart as role models to other consistent with the intended purpose of this legumes; management of nematodes, insects, students. I know that the residents of the account. plant diseases and weeds that can limit pro- Spring Klein area are proud of their many ac- The entity to receive funding for this project duction; and reduction of soil erosion and complishments and happy that the Flying Ti- is the Idaho State Department of Agriculture, water degradation associated with production, gers were chosen, out of thousands of appli- located at 2270 Old Penitentiary Road, Boise, as well as the development of value-added cants, to march in the 56th inaugural parade. Idaho 83712. new products. The technology being gen- It will be a momentous occasion for the stu- The report contains $176,000 in Animal and erated through the research is essential for dents, school district and the patriotic commu- Plant Health Inspection Service, salaries and the pea, lentil, and chickpea industries to re- nities in the second district of Texas. I applaud expenses, for the Nez Perce Bio-Control Cen- main competitive and profitable. This request them for their tremendous achievement and ter. The Nez Perce Bio-Control Center is au- is consistent with the intended purpose of this wish them the best of luck in the future. thorized by the Noxious Weed Control and account. f Eradication Act of 2004 and manages and es- The entity to receive funding for this project tablishes nurseries to increase biological con- is the University of Idaho, located at 875 Pe- EARMARK DECLARATION trol organism availability, distribute biological rimeter Drive, Moscow, Idaho 83844. control organisms, monitor their impacts, and The report contains $603,000 in CSREES, HON. MICHAEL K. SIMPSON provide an increased number of annual tech- research and education, for Increasing Shelf OF IDAHO nology transfer workshops to Cooperative Life of Ag Commodities. In order to prevent IN THE HOUSE OF REPRESENTATIVES Weed Management Areas and other land- serious food safety issues, this project will fund research and development of bio-elec- Thursday, February 26, 2009 owners and managers regionally. This funding will continue the partnership between USDA tronic sensors that can detect the presence of Mr. SIMPSON. Madam Speaker, in accord- and the Nez Perce Tribe to maximize the ef- microbial pathogens in food and food prod- ance with House earmark reforms, I would like fectiveness of implementing a complete bio- ucts. Preventative detection and treatment at to place in the RECORD a listing of the con- control of weeds program in an Integrated the agricultural commodity level and fast, ac- gressionally-directed projects I have requested Weed Management strategy. The Center will curate detection of biological pathogens and in my home state of Idaho that are contained increase the availability of agents for land- dangerous food toxins is an important element in the report of HR 1105, the Omnibus Appro- owners and managers throughout the region. for ensuring safety and shelf life. The research priations Act of 2009. Biological control offers long-term manage- being conducted in this area at the University I’d like to take just a few minutes to de- ment of invasive weeds and can be used with of Idaho will advance and expand previous scribe why I support these projects and why other integrated pest management ap- work on biosensor systems to further enhance they are valuable to the nation and its tax- proaches. This request is consistent with the preventative detection and treatment of bio- payers. intended purpose of this account. logical pathogens and dangerous food toxins. DIVISION A—AGRICULTURE The entity to receive funding for this project This request is consistent with the intended The report contains $254,000 in ARS Sala- is the Nez Perce Tribe Bio-Control Center, lo- purpose of this account. ries and Expenses for NW Center for Small cated at 102 Agency Road, Lapwai, Idaho The entity to receive funding for this project Fruits in Corvallis, Oregon. The Small Fruits 83540. is the University of Idaho, located at 875 Pe- Initiative-Plant Improvement project will build The report contains $514,000 in CSREES, rimeter Drive, Moscow, Idaho 83844. upon the strengths of existing cooperative re- research and education, for the Barley for The report contains $349,000 in CSREES, search programs aligned through the North- Rural Development Project. Funding for this research and education, for Potato Cyst Nem- west Center for Small Fruits Research. This program will support research directed at the atode Research. This funding will be used by ongoing tri-state program supports the devel- continued development of improved malt, the University of Idaho for research and development of small fruits as an alternative agri- feed, cellulosic ethanol and food barley vari- opment of means to eradicate and better pro- culture crop in the Pacific Northwest. The eties for growers and value added end-users tect the Idaho potato crop from the soil-borne funding will strengthen existing programs in rural Idaho, Montana, and North Dakota pathogen potato cyst nematode, hardened throughout the region and add key programs communities. This research is starting to ex- nematode bodies filled with eggs which can to fill in critical gaps that are not met by the pand and meet market opportunities, address- persist in the soil for up to 25 years. Current existing infrastructure associated with the Cen- ing the critical need of growers in production eradication depends upon methyl bromide, ter, providing key resources for Idaho sci- agriculture to increase economic yield, en- which is not totally effective and which may be entists to address problems that negatively im- hance domestic and international market ac- banned because of its ozone depleting prop- pact the emerging berry, grape, and wine in- cess, improve production technologies, better erties, as well as other chemicals which are dustries in the Northwest. This request is con- compete with Canadian imports and reduce even less effective and several of which may sistent with the intended purpose of this ac- dependence on government subsidies. Re- also be banned. The funds will be used to count. search supported by this project will increase maximize the efficiency of methyl bromide The entity to receive funding for this project the manufacture and sale of value-added bar- while it is available and develop new ‘‘green’’ is the University of Idaho, located at 875 Pe- ley products (malt, beer, fuel, food, livestock) replacement eradicants (such as green ma- rimeter Drive, Moscow, Idaho 83844 through in these states, having a substantial positive nure or biologically derived nematicides) and

VerDate Nov 24 2008 04:24 Feb 27, 2009 Jkt 079060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\K26FE8.004 E26FEPT1 jbell on PROD1PC69 with REMARKS E468 CONGRESSIONAL RECORD — Extensions of Remarks February 26, 2009 procedures (advance hatching frequency), as leading drug problem. The financial and social tems based on new research that advances well as to improve planting material screening consequences of Meth abuse in Idaho are knowledge on physical mechanisms by which procedures and to study plant-vectorvirus rela- devastating. It is a contributing cause for much water moves from mountains to valleys. The tionships, which may also lead to new ways to of the crime in Idaho, costs millions of dollars hydrologic model will build upon and improve fight potato viruses. in productivity, contributes to the ever increas- current models used by the National Weather FY08 funding established the groundwork, ing prison populations and adversely impacts Service by making use of satellite tech- and the University of Idaho is now prepared to families. The Idaho Meth Project is a large- nologies. The hydrologic model will be capable fully implement the needed research. This scale, statewide prevention and public aware- of assessing the impact of critical problems project will work in concert with the ongoing ness program designed to reduce the preva- such as urbanization and climate change on USDA eradication program by providing new lence of first-time methamphetamine abuse in water resources. This request is consistent methods of treatment. This crop pest can re- Idaho by influencing attitudes through high-im- with the intended purpose of this account. sult in 80% yield reductions and has nega- pact advertising. Based on the successful The entity to receive funding for this project tively affected agricultural trade. There is a Meth Project model developed in the state of is Boise State University, located at 1910 Uni- good chance that if this threat is addressed Montana, the Idaho Meth Project is focused versity Drive Boise, ID 83725–1135. with adequate research and treatment it can solely upon prevention and to achieve this The report contains $880,000 in the COPS be eliminated. This request is consistent with goal is active in three areas: Public Service Law Enforcement Technology Account for the the intended purpose of this account. Messaging, Community Action and Public Pol- Idaho State Police to participate in the Crimi- The entity to receive funding for this project icy. This request is consistent with the in- nal Information Sharing Alliance Network is the University of Idaho College located at tended purpose of this account. (CISAnet). CISAnet is a fully functional infor- 875 Perimeter Drive, Moscow, Idaho 83844. The entity to receive funding for this project mation-sharing network comprised of law en- The report contains $1.037 million for potato is Idaho Meth Project, located at 304 N. 8th forcement agencies from ten states, including research (CSREES). This funding would be Street, Room 446, Boise, Idaho 83702. Idaho. The program focuses on drug traf- used to support an on-going research program The report contains $350,000 in the NOAA ficking and border security issues. Sharing of that provides critical support to the potato in- account for the Boise Center Aerospace Lab- criminal law enforcement information by and dustry through the development of new potato oratory (BCAL) Watershed Modeling Utilizing between these ten states is vital to securing varieties and resistance to disease and pests. LiDAR at Idaho State University. ISU’s Depart- an area regarded as one of the most vulner- The ARS research station at Aberdeen, Idaho, ment of Geosciences has developed free spa- able to our nation’s security. These funds has produced eight new potato varieties, and tial analysis tools available to the public for re- would enable Idaho to continue participating in it has participated in the development of mote sensing and geographic information CISAnet. This program has received federal twelve other varieties nationwide. With the in- sciences (GIS). The remote sensing tools in- funding in previous fiscal years. This request creasing threat of disease and pests, new va- clude a downloadable toolbox for analyzing is consistent with the intended purpose of this rieties are crucial for America’s agriculture light detection and ranging (LiDAR) data, pri- account. community. This request is consistent with the marily for topography and vegetation in semi- The entity to receive funding for this project intended purpose of this account. arid environments. LiDAR technology can also is the Idaho State Police, located at 700 South The entity to receive funding for this project provide topographic data below water. This Stratford, Meridian, ID 83642. is the University of Idaho, located at 875 Pe- funding will allow the ISU to develop new DIVISION C—ENERGY AND WATER rimeter Drive, Moscow, Idaho 83844 through analysis tools for full-waveform LiDAR data to The report contains $5 million within the the Cooperative State Research, Education, enable continuous characterization from the Army Corps of Engineers Section 595 pro- and Extension Service. Research will be per- earth’s surface to the top of the vegetation gram for rural water infrastructure upgrades in formed at the United States Department of Ag- canopy. This type of analysis has improved the Eastern Idaho Regional Wastewater Au- riculture’s Agriculture Research Service, Pa- potential over multiple return LiDAR data for thority. The funding was authorized in the cific West Area, located at 1691 S. 2700 W., understanding landscape processes in three Water Resources Development Act. This fund- Aberdeen, Idaho 83210. dimensions. Hyperspectral analysis (soils and ing is critical to assisting Idaho communities in The report contains $8.294 million in Animal vegetation) will be coupled with the LiDAR upgrading their water and wastewater treat- and Plant Health Inspection Service, salaries data for a full characterization, spectrally and ment facilities. In many cases, this funding is and expenses, for Potato Cyst Nematode spatially of the landscape. These analyses will required to comply with unfunded mandates Eradication. The USDA is currently conducting allow for studies of vegetation structure, de- passed down by this Congress and federal an aggressive eradication program to address pendence of vegetation, soils, and earth proc- agencies. In addition, these funds help com- the outbreak of Potato Cyst Nematode in esses (e.g. fire, erosion) on topology (slope & munities in Idaho trying to attract new busi- Idaho, the first discovery in the U.S. This pest aspect, drainages, surface roughness) and will nesses and spur economic development. The can result in up to 80% crop reductions, and provide up-to-date and precise flood plain vital water funding in this bill will assist com- agricultural trade has already been affected. It maps for rivers with built environments to munities in job creation and affordable housing is imperative that our trading partners know guide decisions on flood insurance coverage by offering improved services at lower costs we are aggressively addressing this issue. and land use restrictions. These predictive than would otherwise be possible. This re- Furthermore, this pest has a very high risk of maps can also aid in evacuation of people and quest is consistent with the intended purpose dispersion. While it is currently confided to a livestock during an impending flood. This re- of this account. small area in Eastern Idaho, it is very conceiv- quest is consistent with the intended purpose The entity to receive funding for this project able that, if left untreated, this pest can of this account. is the Eastern Idaho Regional Wastewater Au- spread, affecting crops other than potatoes. The entity to receive funding for this project thority, located at 101 S. Emerson Avenue Through this funding, the program will con- is Idaho State University, located at 921 South Shelley, Idaho 83274. tinue to adequately address this issue, and 8th Avenue, Pocatello, Idaho 83209. The report contains $1,427,250 in DOE’s there is a good potential the pest could be The report contains $350,000 in the NOAA Energy Efficiency and Renewable Energy for eradicated. This request is consistent with the account for the Improved hydrologic modeling the City of Boise’s Geothermal Expansion. intended purpose of this account. of water resources for snow-dominated re- The Boise City geothermal system currently The entity to receive funding for this project gions at Boise State University. Mountain-front provides a low cost, environmentally sound, is the United States Department of Agriculture, communities in the western United States are sustainable, locally provided heat source to Animal and Plant Health Inspection Service lo- experiencing rapid population growth, putting commercial and publicly owned buildings in cated at 1400 Independence Avenue, Wash- pressure on water resources. Wise use of downtown Boise. Geothermal heat is consid- ington, D.C. water resources must be founded on knowl- ered a renewable source of energy and does DIVISION B—COMMERCE, JUSTICE, SCIENCE edge of how water cycles through mountain- not rely on fossil fuels, nuclear power, mining The report contains $1,000,000 in the front landscapes. However, hydrologic proc- or damming of rivers and has zero emissions COPS Meth account for the Idaho Meth esses in such systems are poorly understood. into the atmosphere. This project will extend Project. Methamphetamine trafficking and Understanding and forecasting these impacts the City of Boise geothermal pipeline system abuse in Idaho has been on the rise over the of these changes requires comprehensive hy- to Boise State University and would have the past few years and, as a result, Meth is hav- drologic models driven by state-of-the-art tech- capacity to heat over two million square feet ing a devastating impact in many communities nology and science. These funds will assist on the campus. It would provide significant throughout the State. Meth is the number one with the development of an operational hydrol- cost savings as global energy costs increase illegal drug of choice in Idaho and the State’s ogy model for mountain-front hydrologic sys- and geothermal services continue to expand

VerDate Nov 24 2008 04:24 Feb 27, 2009 Jkt 079060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A26FE8.014 E26FEPT1 jbell on PROD1PC69 with REMARKS February 26, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E469 to more facilities. This request is consistent tive enterprise and to maintain and strengthen rural communities of eastern Idaho offering with the intended purpose of this account. the overall economy of the State of Idaho. The vaudeville theater, silent movies, and dance The entity to receive funding for this project federal funds being requested will be used to recitals. One of the fastest growing commu- is the City of Boise, located at 150 N Capitol match private and public sector dollars and in- nities in Idaho, Rexburg lacks a community Boulevard, Third Floor, Boise, Idaho 83702. kind contributions to conduct collaborative revenue for the arts. The City of Rexburg is at- The report contains $2,498,639 in the DOE search that creates intellectual property, cre- tempting to restore the theater in order to pro- Office of Science account for the Idaho Na- ates jobs and ultimately leads to the benefit vide a historical, cultural center for the growing tional Laboratory Center for Advanced Energy and growth of the Idaho business community. population. The building requires restoration of Studies (CAES) at the Idaho National Labora- The funds will also be used to develop the the stage and auditorium and repairs to the tory (INL). CAES is a partnership between the necessary infrastructure to mine, protect and roof and brick work. The City has developed State of Idaho and its academic research insti- assess the commercialization potential of the a volunteer citizen committee to raise funding tutions, the federal government through the intellectual property that is developed as a re- through fund raisers and the Idaho Commis- U.S. Department of Energy and the Idaho Na- sult of these efforts. This healthy business cli- sion on the Arts. This request is consistent tional Laboratory managed by the Battelle En- mate is critical to the economic strength of with the intended purpose of this account. ergy Alliance, LLC. Through its collaborative Idaho, the region and the nation; the innova- The entity to receive funding for this project structure, CAES combines the efforts of these tion and entrepreneurial spirit that originates is the City of Rexburg, Idaho, located at 12 institutions to provide timely energy research from this sector helps the United States com- North Center Street, P.O. Box 280, Rexburg, on both technical and policy issues. The re- pete in today’s global marketplace. This re- Idaho, 83440. search equipment obtained through this appro- quest is consistent with the intended purpose The report contains $2,000,000 in LWCF for priation will enable the INL, Boise State Uni- of this account. Land Acquisition for Henry’s Lake ACEC. The versity, Idaho State University, the University The entity to receive funding for this project funding will be used to purchase a conserva- of Idaho, other national universities and pri- is Boise State University, located at 1910 Uni- tion easement on the historic Johnson Ranch, vate industry to support DOE by furthering col- versity Drive, Boise, ID 83725–1135. on the west side of Henry’s Lake. The ranch laboration on the advanced energy studies. The report also contains $200,000 in the sustains an important wildlife migration cor- Through the resulting research, CAES will Small Business Administration for the Water ridor for game herds in the Yellowstone region contribute to the availability of carbon-neutral Cooler, a business development center in as well as the area’s scenic beauty. Roughly renewable energy, such as biofuels for trans- Boise, Idaho. The Water Cooler is a collabo- 2 million visitors travel through the Henry’s portation; the stewardship of the environment rative project that will create a nonprofit busi- Lake area every year. This conservation ease- including water resource management through ness development center for synergistic, ment will continue existing ranching and agri- energy efficiency; the management of fossil emerging businesses and interests in Boise’s cultural activities while protecting the land and fuel energy systems; and the expansion of en- creativity economy. The facility will sublease its wildlife from the subdivision and second ergy production from commercial nuclear office space to small businesses and organi- home development that is spreading in the Is- power while educating the next generation of zations; provide meeting, seminar and event land Park/Henry’s Lake area. This request is scientists, engineers, policymakers and the space; offer a small business services center consistent with the intended purpose of this public. This request is consistent with the in- (copy, printing, IT, Wi-Fi, video conferencing account. tended purpose of this account. and the like) and serve as a networking and The entity to receive funding for this project The entity to receive funding for this project idea hub for the next generation of organiza- is the Bureau of Land Management, located at is the Idaho National Laboratory, located at tions in the areas of technology, film/arts, en- 1405 Hollipark Drive, Idaho Falls, Idaho, 2525 North Freemont St., Idaho Falls, Idaho tertainment, media, venture capital, adver- 83401. 83415. tising/marketing, legal and urban life. The The report contains $500,000 in LWCF for The report contains $951,500 in the DOE project will develop and facilitate strategies for the Upper Snake/South Fork of the Snake Office of Science account for the Idaho Accel- growing businesses and employment opportu- River ACEC. The funding will be used to se- erator Laboratory at Idaho State University. nities in Boise and throughout Idaho. This re- cure conservation easements from willing sell- The National Academy of Sciences recently quest is consistent with the intended purpose ers. The BLM has ranked the Upper Snake issued a report recommending that the federal of this account. South Fork as a top priority for land acquisi- government should increase support to radio- The entity to receive funding for this project tion. As one of the nation’s premier fishing nuclide production, distribution and basic re- is the Capital City Development Corporation, destinations and recreational rivers, the Upper search in production mechanisms; increase located at 805 W. Idaho St. Ste. 403, Boise, Snake/South Fork of the Snake River, which the domestic production of medical radio- ID 83702. features outstanding fish habitat, water quality, nuclides through dedicated accelerators and DIVISION E—INTERIOR, ENVIRONMENT AND RELATED scenic vistas and one of the West’s most ex- reactors; and educate the next generation of AGENCIES tensive cottonwood riparian forests, is under medically-related nuclear scientists. The Idaho The report contains $250,000 in STAG for pressure from increasing population. The fund- Accelerator Center would develop a medical the City of Lava Hot Springs Wastewater Im- ing will facilitate protection of key lands in this isotope production facility that will serve re- provement project. Lava Hot Springs is a landscape and will preserve and protect nat- gional isotope needs, conduct basic research small town of only 480 citizens. The city’s ural habitat while simultaneously supporting in isotope production, educate the next gen- wastewater treatment plant is currently dis- important recreational, and tourism opportuni- eration of medically-related nuclear scientists charging pollutants into the Portneuf River, ties in eastern Idaho. Additionally the lands and partner with regional and national entities and the city will be facing severe penalties proposed for protection include important agri- in medical isotope distribution and use. This under current federal law. With such a small cultural lands that will remain in production program would meet regional and national population, the financial burden of coming into and private ownership. This request is con- needs in education and isotope production compliance is immense. This project will im- sistent with the intended purpose of this ac- and would complement and enhance DOE’s prove the collection system by replacing the count. National Isotope Program. This request is con- badly deteriorated sewer mains, correct grade The entity to receive funding for this project sistent with the intended purpose of this ac- problems, and enlarge pipes. The problem of is the Bureau of Land Management, located at count. debris buildup in the lagoons will be resolved 1405 Hollipark Drive, Idaho Falls, Idaho, The entity to receive funding for this project with flow meter, screens, and a grit removal 83401. is the Idaho State University, located at 921 system all housed in a constructed headwork The report contains $250,000 for the Idaho South 8th Avenue, Pocatello, ID 83209. building. This request is consistent with the in- Sage Grouse Management Plan. This funding DIVISION D—FINANCIAL SERVICES AND GENERAL tended purpose of this account. will be used to implement the state’s manage- GOVERNMENT The entity to receive funding for this project ment plan for the sage grouse population, The report contains $200,000 in the Small is the City of Lava Hot Springs, located at 115 which is on the verge of being listed under the Business Administration for a research and West Elm, P.O. Box 187, Lava Hot Springs, Endangered Species Act. A decision by the economic development and entrepreneurial Idaho, 83246. Fish and Wildlife Service could come as early initiative at Boise State University. With this The report contains $150,000 in Save Amer- as this spring. Idaho is taking proactive steps funding, Boise State University will be able to ica’s Treasures for Restoration of the Rexburg to recover this species before a listing is re- establish research partnerships with business Historic Westwood Theater. Formerly known quired, and the Sage Grouse Advisory Com- and governmental agencies to assist busi- as the Romance Theater, this circa 1917 mittee (SAC) is coordinating implementation of nesses in an effort to preserve free competi- building was the heart of entertainment for the a statewide management plan for sage

VerDate Nov 24 2008 04:24 Feb 27, 2009 Jkt 079060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A26FE8.015 E26FEPT1 jbell on PROD1PC69 with REMARKS E470 CONGRESSIONAL RECORD — Extensions of Remarks February 26, 2009 grouse. Contained within the plan are over creating a two-story, 5000 square foot inter- and Libraries Account for the Discovery Cen- 100 conservation measures for stabilizing and active visual arts education center for youth, ter of Idaho for exhibits and outreach. The increasing populations of sage grouse in ages K–12, called ARTkade in downtown Discovery Center of Idaho is collaborating with Idaho. In addition, there are 11 Local Working Idaho Falls. This funding will go primarily to multiple partners to create a new model of Groups that have completed or in the process purchase equipment to build the various arts ‘‘hands-on’’ science center to captivate the at- of forming local plans. These funds will aid in stations. The purpose of ARTkade is to stimu- tention of and inspire tomorrow’s leaders and implementing state and local plans and con- late and re-awaken young people’s interest in innovators. The center will be a resource for tinuing the important on-the-ground work being the visual arts by using interactive learning, the region, with particular interest in serving done by Local Working Groups, including computer technology and hands on festival rural areas to help break the myth that innova- habitat restoration, monitoring, research, and style art projects that capture their imagination tion is an urban phenomenon—and emphasize education. This request is consistent with the and redirect them to art education. The Coun- the understanding that ingenuity is found intended purpose of this account. cil is partnering with area schools in the devel- wherever and whenever an observant creative The entity to receive funding for this project opment and implementation of this facility (in human being has a problem to solve. This is is the Idaho Office of Species Conservation lo- large part because many local schools do not a tremendous opportunity to create a new ap- cated at 300 North 6th Street, Suite 101, have full-time art teachers) and will be pro- proach to bridging the gap in science and Boise, Idaho 83702. viding users with referral information about technology education particularly for the un- DIVISION F—LABOR, HEALTH AND HUMAN SERVICES, other arts education opportunities in the re- derserved. This request is consistent with the EDUCATION gion. This request is consistent with the in- intended purpose of this account. The report contains $333,000 in the Depart- tended purpose of this account. The entity to receive funding for this project ment of Education Elementary and Secondary The entity to receive funding for this project is Discovery Center of Idaho, located at 131 Education account for the Idaho Early Literacy is Idaho Falls Arts Council, located at 498 A Myrtle St., Boise, ID 83702. Project administered by the Lee Pesky Learn- Street, Idaho Falls, ID 83402. The report contains $285,000 in the Depart- ing Center in Boise. The aim of the Idaho The report contains $143,000 in the Depart- ment of Education’s Higher Education account Early Literacy Project is to educate new moth- ment of Education Elementary and Secondary for the College of Southern Idaho’s Pro-Tech ers on the importance of early childhood lit- Education account for the Life’s Kitchen, Inc. Training Program. This program will enable eracy and math skills and providing them with life skills instruction programs for at-risk youth. the College to partner with other agencies to resources for educating their children to as- This program works to stop the cycle of home- identify training needs and to identify potential sure that all children in Idaho are ready to lessness and prevent dependence on public candidates for employment. Data provided by read when they enter school. This funding will assistance for at-risk, low-income youth (ages Region IV of the State of Idaho Economic De- assist with the distribution of the research- 16–20) through hands-on experience in the velopment Agency indicate that manufacturing based booklet, Every Child Ready to Read: culinary arts combined with life skills instruc- will be a leading employment area in the Literacy Tips for Parents, to hospital maternity tion. Life skill instruction ranges from teaching Magic Valley with over 250 new jobs expected wards across Idaho as well as the training of students interview skills to personal financial over the next two years. The College of child care providers throughout the state of management, as well as job placement. Life’s Southern Idaho has identified a significant Idaho. The training of child care providers in- Kitchen provides an innovative 16-week edu- educational demand for hi-tech manufacturing cludes a face-to-face approach in larger popu- cational program of hands-on work experience and engineering and a need for in-depth train- lation centers and an on-line approach for re- training for young people who are at-risk and ing in the technological aspects of the design, mote rural locations. The project provides that living on the fringe of society. These hands-on fabrication and manufacturing phases of pro- children will receive literacy education at home skills are developed while working in our three duction. These jobs will require the type of and in child care facilities, creating the ‘‘lan- food businesses: cafe, catering and contract training that the College of Southern Idaho guage rich’’ upbringing necessary for success food. Students access the program through can provide with great expertise. This funding in school. This request is consistent with the high school counselors, employment agencies, would be used to develop curriculum, imple- intended purpose of this account. social workers, juvenile correction officers and ment new post-secondary educational-tech- The entity to receive funding for this project word-of-mouth. The funding provided will be nical training degrees and programs at the is Lee Pesky Learning Center, located at 3324 used to provide equipment and supplies need- College. This request is consistent with the in- Elder Street, Boise, ID 83705. ed to run the mentoring and tutoring as well tended purpose of this account. The report contains $285,000 in the Health as the culinary instruction portion of the pro- The entity to receive funding for this project Resources and Services Administration Health grams. This request is consistent with the in- is College of Southern Idaho, located at 315 Facilities and Services account for the Idaho tended purpose of this account. Falls Ave. Twin Falls, ID 83303–1238. Caring Foundation for Children for dental serv- The entity to receive funding for this project The report contains $285,000 in the Health ices for low-income children. As a dentist, I is Life’s Kitchen Inc., located at 1025 S. Cap- Resources and Services Administration Health understand the importance of proper dental itol Blvd. Boise, Idaho 83706. Facilities and Services account for St. Luke’s hygiene at a very young age. Serious health The report contains $333,000 in the Health Regional Medical Center’s Children Health and self-esteem problems can quickly evolve if Resources and Services Administration Health Services Expansion. The Children’s Health dental hygiene is neglected early in a child’s Facilities and Services account for the Idaho Services Expansion project provides an es- development. The project will provide access Oral Health Institute at Idaho State University. sential increase in capacity for Pediatric Med- to needed dental services for 5,000 low-in- The Idaho Oral Health Institute will provide a ical/Surgical, Pediatric Intensive Care, Neo- come, uninsured Idaho children. These serv- center for oral health education, research, and natal Intensive Care, Pediatric Oncology, and ices will be provided by our network of 120 clinical practice in Idaho and the Pacific North- Pediatric Surgical Suites and support areas, to Idaho dentists who provide dental services for west region of the United States. The Institute meet the needs of the rapidly growing popu- reduced fees and in partnership with the oral will promote the highest quality of oral health lation in the hospital’s service area. The hos- health programs at all seven Idaho Health Dis- care by providing education in contemporary pital is spending millions on the expansion and tricts. Eligible children will be identified by clinical methods to oral health professionals, federal funds will represent only a small por- working in partnership with Idaho schools, innovative continuing education to practicing tion of the project’s total costs. This request is health departments, Head Start programs and health professionals and staff, collaboration consistent with the intended purpose of this YMCA programs. All administrative costs for among oral health and health professions re- account. this program will be donated by Regence searchers across the country and a state-of- The entity to receive funding for this project BlueShield of Idaho. This request is consistent the-art oral health care facility including class- is St. Luke’s Regional Medical Center Ltd., lo- with the intended purpose of this account. rooms, clinics, and laboratories with leading cated at 190 E. Bannock Street, Boise, ID The entity to receive funding for this project edge equipment and technology designed for 83712. is Idaho Caring Foundation for Children, lo- education and research. This request is con- The report contains $381,000 in the Health cated at 1211 W. Myrtle, Suite 110, Boise, ID sistent with the intended purpose of this ac- Resources and Services Administration Health 83702. count. Facilities and Services account for Madison The report contains $285,000 in the Depart- The entity to receive funding for this project County Memorial Hospital. Madison County ment of Education Elementary and Secondary is Idaho State University, located at 921 South Memorial Hospital services a growing area en- Education Account for the Idaho Falls Arts 8th Avenue, Pocatello, Idaho 83209. compassing five counties and quite simply has Council ARTKade program for the purchase of The report contains $285,000 in the Institute outgrown its facilities. Increased capacity for equipment. The Idaho Falls Arts Council is of Museums and Library Services Museums obstetrics (Madison County Memorial Hospital

VerDate Nov 24 2008 04:24 Feb 27, 2009 Jkt 079060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A26FE8.017 E26FEPT1 jbell on PROD1PC69 with REMARKS February 26, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E471 has more births than any other hospital of its conditions, provide a wider road with shoul- SAFETEA–LU for the Boise Multi-Modal Cen- size in the State of Idaho and possibly the na- ders and guardrail, and improve the road’s ter (MMC). This project is part of the same tion) and inpatient and outpatient surgeries is alignment by reducing the number and sever- system and is included, as is the MMC, in the needed. The size of this project is 70,000 sq. ity of sharp curves and steep grades. These regional capital facilities plan for transit in the feet of new construction and 85,000 sq. feet of improvements will increase safety for the driv- Treasure Valley. This project is the next phase remodeling, with an overall budget of $49 mil- ing public and provide safer access for bicycle of development. Funds to date include lion and an equipment budget of over $7 mil- and pedestrian traffic. These improvements $288,000 in the FY2008 Appropriations Bill for lion. Federal funding will be used for nec- will also significantly reduce the amount of on- site location and the start of the environmental essary medical equipment for the expanded going maintenance required to keep the route analysis. Matching funds for this year total and remodeled facility and represents a very usable. Previous federal funding, FY 1999 $125,000. This request is consistent with the small portion of the overall funding for this through FY 2008, totals $12,827,000 including intended purpose of this account. project. This request is consistent with the in- $3.95 million in FY 2008. Full funding of this The entity to receive funding for this project tended purpose of this account. request in FY 2009 will complete the project. is Valley Regional Transit, located at 830 N. The entity to receive funding for this project This request is consistent with the intended Main Street, Meridian, Idaho 83642. is Madison County Memorial Hospital, located purpose of this account. I appreciate the opportunity to provide a list at 450 East Main, Rexburg, ID 83440. The entity to receive funding for this project of Congressionally-directed projects in my dis- The report contains $190,000 in the Depart- is the Idaho Department of Transportation, lo- trict and an explanation of my support for ment of Education Elementary and Secondary cated at 3311 West State Street, Boise, Idaho, them. Education account for Idaho SySTEMic Solu- 83707–1129. (1.) $254,000 for NW Center for Small Fruits tion program at Boise State University. Idaho The report contains $4,845,000 in the FTA/ in Corvallis, OR SySTEMic Solution is a nationally relevant, Buses and Bus Facilities account for Buses (2.) $650,000 for Greater Yellowstone Inter- hands-on, project-based STEM learning sys- and Bus Facilities for the Idaho Transit Coali- agency Brucellosis Committee tem (science, technology, engineering, & tion. Funding for this project will be used to (3.) $176,000 for the Nez Perce BioControl math) designed to spur achievement and con- support essential transit systems in rural and Center fidence among elementary-age learners and urban areas of the State of Idaho. This project (4.) $926,000 for the Tri-State Predator their teachers. Key project components will in- meets the criteria of the FTA’s Section 5209 Control Program clude: 1) a comprehensive teacher training Capital Program and has been funded by the (5.) $514,000 for the Barley for Rural Devel- model that includes a one-week summer insti- Committee since FY 2002. This request is opment Project tute and ongoing site-based follow-up training consistent with the intended purpose of this (6.) $235,000 for the Cool Season Legume to boost the ability and confidence of elemen- account. Research Project tary teachers; 2) implementation into demo- The entity to receive funding for this project (7.) $603,000 for Increasing Shelf Life of Ag graphically diverse schools (grades 1–5/6, is the Community Transportation Association Commodities urban to suburban to rural, multicultural) of of Idaho, located at 10480 Garverdale Court, (8.) $349,000 for Potato Cyst Nematode Re- curriculum-aligned learning lab systems that Bldg. 4, Suite 804A, Boise, Idaho 83704. search have been shown to improve student scores in The report contains $475,000 in the FHWA/ (9.) $1.037 million for Potato Research math, science, and technology; and 3) re- Interstate Maintenance Discretionary account (CSREES) search and evaluation of results in accordance for the I–84, Broadway Avenue to Gowen (10.) $8.294 million for Potato Cyst Nema- with Idaho and national assessment standards Road Widening, Boise, ID. Funding will be tode Eradication to maximize the effectiveness of transplanting used for design of the project to add a third (11.) $1,000,000 for the Idaho Meth Project this solution to other U.S. states. This request east and westbound lane between Broadway (12.) $350,000 for the Boise Center Aero- is consistent with the intended purpose of this Avenue and Gowen Road on I–84. With fund- space Laboratory (BCAL) Watershed Modeling account. ing, the project will be ready for construction Utilizing LiDAR; Idaho State University The entity to receive funding for this project in FY10 in conjunction with the State of Ida- (13.) $350,000 for the Improved hydrologic is Boise State University, located at 1910 Uni- ho’s Connecting Idaho projects in the Boise modeling of water resources for snow-domi- versity Drive, Boise, ID 83725–1135. area. Improving I–84 through Boise and the nated regions; Boise State University DIVISION I—TRANSPORTATION, HOUSING AND URBAN surrounding area is a priority for the State of (14.) $880,000 for Criminal Information DEVELOPMENT Idaho. In FY 2008, $1.5 million was appro- Sharing Alliance Network (CISAnet); Idaho The report contains $285,000 in the HUD/ priated for the I–84 Interchange at Broadway State Police EDI account for the Custer County Economic Avenue that precedes this project, which is re- (15.) $5,000,000 for Rural Idaho water Development Initiative in Custer County, ID. quired to alleviate congestion and safety projects; Eastern Idaho Regional Wastewater Custer County is overwhelmingly owned by issues caused by the continued fast growth in Authority the federal government, creating enormous fi- the Treasure Valley. This project is included in (16.) $1,427,250 for Boise City Geothermal nancial challenges. The county has a very the I–84 Boise Corridor Study adopted by the System Expansion; City of Boise small tax base with high costs for maintaining Idaho Transportation Department and the (17.) $2,498,639 for the Idaho National Lab- roads and services over a very large area. Community Planning Association of Southwest oratory Center for Advanced Energy Studies; Funding would allow the county to purchase Idaho (COMPASS) Boards in October of 2001 Idaho National Laboratory and renovate an old middle school in Challis and part of the COMPASS Regional 2030 (18.) $951,500 for the Idaho Accelerator that would become a government and busi- Long Range Transportation Plan, approved in Center Production of Medical Isotopes; Idaho ness center housing county offices and allow- 2006. This request is consistent with the in- State University ing them to become ADA compliant. This tended purpose of this account. (19.) $200,000 for a research and economic project received $100,000 in FY08, and fund- The entity to receive funding for this project development and entrepreneurial initiative; ing of this request would complete the project. is the Idaho Department of Transportation, lo- Boise State University This request is consistent with the intended cated at 3311 West State Street, Boise, Idaho (20.) $200,000 for a business development purpose of this account. 83707–1129. center, Capital City Development Corporation The entity to receive funding for this project The report contains $475,000 in the FTA/ (21.) $250,000 for City of Lava, Wastewater is Custer County, Idaho, located at 801 Main Buses and Bus Facilities account for the Improvement (STAG) Street, Challis, Idaho, 83226. Treasure Valley Transit Facilities, Meridian, ID. (22.) $150,000 for Rexburg Historic The report contains $1,961,750 in the This project will fund site location and required Westwood Theater (SAT) FHWA/Public Lands Highways account for the environmental analysis for up to one adminis- (23.) $2,000,000 for Land Acquisition for City of Rocks Back Country Byway Relocation, tration facility and/or up to four bus transfer Henry’s Lake ACEC (LWCF) ID. This 16.7 mile long project is located on centers to improve transit services in western (24.) $500,000 for the Upper Snake/South the popular City of Rocks Back Country Ada and Canyon Counties, Idaho. The devel- Fork of the Snake River ACEC (LWCF) Byway in Cassia County, Idaho, which pro- opment of transit facilities is a recommenda- (25.) $250,000 for the Idaho Sage Grouse vides the only direct access to the City of tion in the regional transit plan which charac- (26.) $333,000 for Idaho Early Literacy Rocks National Reserve. When fully com- terizes these transit centers as crucial to the Project; Lee Pesky Learning Center pleted, the project will pave a 1.0 mile gravel success of the transit system. These facilities (27.) $285,000 for Dental services for low- segment, reconstruct 15.7 miles of deficient will support regional public transportation serv- income children; Idaho Caring Foundation for roadway, correct deteriorated road and slope ices in the area. $9.5 million was authorized in Children

VerDate Nov 24 2008 04:24 Feb 27, 2009 Jkt 079060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A26FE8.018 E26FEPT1 jbell on PROD1PC69 with REMARKS E472 CONGRESSIONAL RECORD — Extensions of Remarks February 26, 2009 (28.) $285,000 for ARTKade; Idaho Falls The ‘‘Reading First’’ Program was widely the Julie and Ben Rogers Cancer Foundation Arts Council supported for its emphasis on raising reading Drive. He somehow found enough time to (29.) $143,000 for Life skills instructions pro- levels, particularly among low-income children. dedicate a large part of his life to his wife grams for at-risk youth; Life’s Kitchen Inc. Just yesterday, I met with an elementary Gerry and children Clayton and Gary. He has (30.) $333,000 for Idaho Oral Health Insti- school principal from Iowa who praised the coached their sports teams and supported tute; Idaho State University program as one which has made a difference their scholastic endeavors. Cancer tragically (31.) $285,000 for The Discovery Center of to lots of children in my State. cut Todd’s life short in 2008 but his spirit lives Idaho exhibits and outreach; Discovery Center Another policy change, done through a on. The work he did for Southeast Texas will of Idaho funding reduction, is a de-emphasis on Yucca last forever. (32.) $285,000 for College of Southern Mountain. At a time when we need to be look- The TOTAL Port Arthur Refinery was recog- Idaho Pro-Tech Training Program; College of ing at all forms of energy, why would we want nized for exhibiting outstanding community Southern Idaho to halt construction and design work at Yucca leadership and reducing health disparities (33.) $285,000 for Children’s Health Serv- since nuclear waste storage is a big issue. At among Southeast Texans. The refinery, built ices Expansion; St. Luke’s Regional Medical a minimum, we should have had a debate on in 1936 and acquired by the French company Center, Ltd this subject. TOTAL in 1973, has taken a proactive role in (34.) $381,000 for Madison Country Memo- In the end, this entire process has been a fighting cancer. Through their annual sponsor- rial Hospital Construction and Renovation giant abdication of our responsibilities in this ship of ‘‘Gift of Life’’ breast and prostate can- Project; Madison County Memorial Hospital body, representing a shameful performance. cer initiatives, they have provided over 600 (35.) $190,000 for Idaho SySTEMic Solution Our constituents deserve better than the bill women and more than 1,800 men with free program; Boise State University before us represents. mammograms and prostate screenings. They (36.) $285,000 for Custer County to pur- I hope that for the FY 2010 funding cycle, alone have helped extend the lives of seven chase middle school building the majority will re-discover the value of reg- women and nine men whose cancer was de- (37.) $1,961,750 for the City of Rocks Back ular order and transparency. In this way, we tected at ‘‘Gift of Life’’ screenings. They have Country Byway can add a little more credibility to the process, also made a commitment to Southeast Texas (38.) $4,845,000 for the Idaho Transit Coali- and the reputation of this House. by embarking on a $2.2 billion dollar expan- tion for Buses and Bus Facilities f sion of their refinery, increasing their refining (39.) $475,000 for I–84 Broadway Avenue to capacity and adding 60 new full time jobs. Gowen Road Widening JULIE ROGERS ‘‘GIFT OF LIFE’’ On behalf of the Second Congressional Dis- (40.) $475,000 for the Treasure Valley Tran- PROGRAM AND THEIR ‘‘SPIRIT trict of Texas I would like to thank the Julie sit Facilities OF LOVE’’ AWARD WINNERS Rogers ‘‘Gift of Life’’ Program, the family of f Todd Christopher, and the TOTAL Port Arthur Refinery for all their work in fighting cancer PROVIDING FOR CONSIDERATION HON. TED POE OF TEXAS and spreading awareness. Their efforts have OF H.R. 1105, OMNIBUS APPRO- made Southeast Texas a better place to live PRIATIONS ACT, 2009 IN THE HOUSE OF REPRESENTATIVES Thursday, February 26, 2009 and work. f SPEECH OF Mr. POE of Texas. Madam Speaker, today HON. TOM LATHAM I am proud to pay tribute to the Julie Rogers EARMARK DECLARATION OF IOWA ‘‘Gift of Life’’ Program and the recipients of IN THE HOUSE OF REPRESENTATIVES their ‘‘Spirit of Love’’ awards for their commit- HON. GEORGE RADANOVICH ment to the fight against cancer and dedica- OF CALIFORNIA Wednesday, February 25, 2009 tion to assisting the medically underserved in IN THE HOUSE OF REPRESENTATIVES Mr. LATHAM. Mr. Speaker, today we come Southeast Texas. Thursday, February 26, 2009 to the House chamber to consider a package The Julie Rogers ‘‘Gift of Life’’ Program, es- of the remaining fiscal year 2009 appropria- tablished in 1994 by Regina Rogers, began as . Mr. RADANOVICH. Madam Speaker, pursu- tions bills. We are five months late in acting a tribute to her mother, a breast cancer sur- ant to the House Republican standards on on these bills, and for no good reason. vivor. Originally providing free mammograms earmarks, I am submitting the following infor- The net effect of this delay is two-fold: One, to women, shortly afterwards they expanded mation regarding earmarks I received as a the delay has prevented a number of Federal to prostate screenings for men and cancer part of H.R. 1105, The Omnibus Appropria- programs from making necessary mission education outreach. Since then, they have tions Act, 2009: changes simply because those programs have provided over 13,500 mammograms and over Requesting Member: Congressman GEORGE been frozen in-place under the CR. 4,500 prostate screenings while conducting RADANOVICH Number two, the $410 billion contained in over 450 educational presentations. The Pro- Project Name: California State University this bill represents annual spending increases gram has helped extend the lives of more than Agricultural Research Initiative for hundreds of programs. These increases 135 people who found cancer after one of Bill Number: H.R. 1105 are well above necessary levels, especially their screenings. They grew from their humble Account: Cooperative State Research, Edu- given that we just passed a stimulus bill that beginnings into one of the largest cancer cation and Extension Service carried $301 billion in new discretionary screening and awareness organizations of its Legal Name of Requesting Entity: California spending—much of which is for the same pro- type in Texas. State University grams contained in this omnibus measure, Each year at their annual board meeting, Address of Requesting Entity: 401 Golden and that we fund every year in the annual the ‘‘Gift of Life’’ Program presents both an in- Shore, Long Beach, CA 90802–094210 process. dividual and corporate ‘‘Spirit of Love’’ Awards Description of Request: I have secured In short, many of the programs in this pack- to honor those that have gone above and be- $693,000 for the ARI. The Agriculture Re- age will get a double dose of funding. Unfortu- yond the call of duty to help fight cancer and search Initiatives (ARI) provides significant nately, this extra dose will be built into future spread awareness. This year, the late Todd benefits to consumers as well as agriculture- spending, and that’s not fair to the American Christopher was awarded the Julie Rogers related industries. Faculty and research sci- taxpayer—why, because it locks in trillion dol- ‘‘Spirit of Love’’ Award, while the TOTAL Port entists develop solutions for challenges that lar deficits. Arthur Refinery was presented with the Cor- result in public confidence in food safety, agri- Apart from the problems with the spending porate ‘‘Spirit of Love’’ Award. Both deserve cultural research and production systems; re- totals in this package, we are allowing a laun- the recognition for their dedication and com- gional and statewide economic development; dry list of policy issues to pass through Con- mitment to the community. and bring agricultural, environmental, and congress without any public scrutiny. Todd Christopher was born and raised in sumer benefits in the process. ARI funding pri- A number of these policy issues are trou- Beaumont, Texas. After graduating from ority will be given to science and best man- bling to many of us. For example, the omnibus Texas A&M University, Todd moved back agement issues related to climate change, air eliminates the ‘‘Reading First’’ Program within home with an entrepreneur spirit and co- quality, greenhouse gas emissions, and car- the Department of Education. I don’t remem- founded four businesses, bringing hundreds of bon sequestering; food safety and security; ber debating this issue in the stunted ’09 proc- jobs to the area. He served on a number of water quality, infrastructure, and conveyance; ess. boards across the area and as co-chairman of and public health and welfare.

VerDate Nov 24 2008 04:24 Feb 27, 2009 Jkt 079060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\A26FE8.019 E26FEPT1 jbell on PROD1PC69 with REMARKS February 26, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E473

Requesting Member: Congressman GEORGE tronic data communication system. The com- Legal Name of Requesting Entity: City of RADANOVICH pletion of the system will greatly enhance the Fresno Project Name: Pierce’s Disease public safety of the approximately 1.5 million Address of Requesting Entity: 2600 Fresno Bill Number: H.R. 1105 citizens of four counties (Fresno, Kings, Street, Fresno, CA 93721 Account: Cooperative State Research Edu- Madera, and a portion of Tulare) and numer- Description of Request: I have secured cation and Extension Service ous communities served by the participating $570,000 for Veterans Boulevard. The funding Legal Name of Requesting Entity: University agencies through ensuring clear voice, data will be used for the preliminary engineering of California and video communications among first re- and design of a major thoroughfare, the Vet- Address of Requesting Entity: 1111 Franklin sponders and law enforcement during emer- erans Boulevard freeway interchange at State Street, 6th Floor, Oakland, CA 94607–5200 gencies. Route 99, which will alleviate growing traffic Description of Request: I have secured Requesting Member: Congressman GEORGE concerns as substantial development con- $1,531,000 for Pierce’s Disease Research. RADANOVICH tinues to expand in the northwest region of The Pierce’s Disease Research special re- Project Name: Sacramento and San Joa- Fresno County. Veterans Boulevard is planned search grant funds are awarded competitively quin River Basins Comprehensive Study as a new six lane super-arterial roadway to qualified researchers from any state based Bill Number: H.R. 1105 which includes bridges over SR 99, Golden on priorities developed by industry, the Univer- Account: Corps of Engineers, Investigations State Boulevard and the Union Pacific Rail- sity and governmental agencies. The program Legal Name of Requesting Entity: California road tracks. The interchange is a critical ele- has supported projects to reduce the popu- Department of Water Resources ment to alleviate congestion at the Shaw Ave- lation of glassy-winged sharpshooters that Address of Requesting Entity: 1416 9th nue/SR 99 and the Herndon Avenue/SR 99 spread the disease, map the genome for Street, Sacramento, CA 95814 interchanges. Description of Request: I have secured xylella fastidiosa—the bacterium that causes Requesting Member: Congressman GEORGE $956,000 for the Sacramento and San Joa- the disease—develop new cultural and vine- RADANOVICH quin River Basin’s Comprehensive Study. This yard practices to help growers contain the Project Name: State Route 180 East Im- Sacramento and San Joaquin River Basins spread of Pierce’s disease, and advance the provements Comprehensive Study is a cooperative effort search for long-term solutions. Continuation of Bill Number: H.R. 1105 between the California Department of Water funding is important to supporting ongoing Account: Transportation, Community, and Resources and the U.S. Army Corps of Engi- science aimed at finding permanent solutions System Preservation neers. The purpose of the Comprehensive for control and containment of this devastating Legal Name of Requesting Entity: City of Study is to develop a system-wide, com- disease through breeding disease resistant Fresno prehensive flood management plan for the Address of Requesting Entity: 2600 Fresno scion and rootstock, developing new vineyard Central Valley to reduce flood damage and to Street, Fresno, CA 93721 management practices, and other break- integrate ecosystem restoration in addition to Description of Request: I have secured throughs. developing ways to reduce the flood risk to $1,330,000 for State Route 180 East Improve- Requesting Member: Congressman GEORGE people, their property, and the state and fed- ments. The funding will be used to complete RADANOVICH State Route 180 which will accommodate in- Project Name: Regional Operability for Pub- eral infrastructure of the Central Valley. The creased safe traffic flows vital for economic lic Safety Communications, 2009 purpose is also to develop a sustainable flood and commercial development of eastern Fres- Bill Number: H.R. 1105 management system for the future and to re- no County and will enhance farm-to-market Account: Department of Justice, COPS Law duce the adverse consequences of floods shipping opportunities for the region. State Enforcement Technology when they occur. The Study provides a long- Route 180 is vital to the economic health of Legal Name of Requesting Entity: range management program for the Sac- the Central Valley. This vital corridor will pro- Stanislaus County ramento and San Joaquin River Basins with Address of Requesting Entity: 1010 10th the objective of improving the flood carrying vide the much needed East-West route exten- Street, Suite 6800, Modesto, CA 95354 capacity of the system while restoring and pro- sions that will ultimately provide a connection Description of Request: I have secured tecting environmental features including wet- to the only Interstate in Fresno County, Inter- $500,000 for Stanislaus County Regional lands as well as fish and wildlife habitat. state 5. State Route 180 improvements help Interoperability. This request will enhance the Requesting Member: Congressman GEORGE relieve State Route 99 of truck traffic and air existing interoperability channel, expand radio RADANOVICH pollution by moving traffic away from the met- Project Name: Career Technical Education coverage through difficult terrain, replace ropolitan Fresno area. Pathway Program aging equipment, continue progress towards f Bill Number: H.R. 1105 system wide P–25 compliance, and will sup- Account: Department of Education, Elemen- RECOGNIZING THE SIGNIFICANCE port the City and County’s joint efforts to retary and Secondary Education OF BLACK HISTORY MONTH spond to public safety incidents throughout Legal Name of Requesting Entity: Clovis California’s Central Valley and to be prepared Unified School District SPEECH OF for a disaster situation. Equipment would in- Address of Requesting Entity: 1450 Hern- HON. BARBARA LEE clude new towers, transmitters, antennae, don Avenue, Clovis, CA 93611 OF CALIFORNIA voter/receivers and a security system at the Description of Request: I have secured IN THE HOUSE OF REPRESENTATIVES primary transmission site. $476,000 for the Clovis Career Technical Edu- Tuesday, February 24, 2009 Requesting Member: Congressman GEORGE cation Pathway Program. Funding will provide RADANOVICH essential curriculum and professional develop- Ms. LEE of California. Mr. Speaker, as an Project Name: Regional Interoperability, ment and equipment to support the dual ob- original co-sponsor I proudly rise in strong 2009 jectives of advancing student academic support of H. Res. 83, which recognizes the Bill Number: H.R. 1105 achievement and career development in work- significance of Black History Month. Since Account: Department of Justice, COPS Law force areas essential to our national economic 1926, the contributions of African Americans Enforcement Technology development. This funding will allow students have been recognized and celebrated each Legal Name of Requesting Entity: Fresno to develop knowledge and skills within the ca- February. It comes as no surprise that this County reer pathway while taking rigorous, integrated year Black History Month is especially signifi- Address of Requesting Entity: 2281 Tulare courses that include Honors and Advanced cant with the inauguration of Barack Obama Street, Third Floor, Room 300, Fresno, CA Placement curriculum for college and univer- as the nation’s 44th President. 93721 sity admissions. Each pathway will prepare I thank my colleague and friend from Texas, Description of Request: I have secured students for post-secondary education, em- Congressman AL GREEN, for introducing this $200,000 for Fresno County Regional Inter- ployment, or advanced training in a particular very important resolution. The joy we all feel operability. Fresno County is attempting to industry sector. on this occasion is tempered by the grief that provide true communication capabilities be- Requesting Member: Congressman GEORGE still lingers over the sudden loss last year of tween law enforcement, emergency medical RADANOVICH our dear friend and colleague, Congress- services and fire protection serving Fresno Project Name: Veterans Boulevard woman Stephanie Tubbs Jones of Ohio. County and the region by using an intelligent Bill Number: H.R. 1105 For more than 400 years and despite tre- voice and data communication network. This Account: Transportation, Community, and mendous hardships such as slavery, segrega- request will enable the completion of an elec- System Preservation tion, and legalized injustice, African Americans

VerDate Nov 24 2008 04:24 Feb 27, 2009 Jkt 079060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\A26FE8.021 E26FEPT1 jbell on PROD1PC69 with REMARKS E474 CONGRESSIONAL RECORD — Extensions of Remarks February 26, 2009 have made significant contributions to the eco- I am proud that two of the 38 current CTSA are aggressive Border Patrol actions against nomic, educational, political, artistic, literary, sites, the University of North Carolina at Chap- their citizens, even if they know those citizens religious, scientific, and technological life in el Hill and Duke University, are in my district. are there to commit crimes against the United the United States. These two universities have a track record of States. As Chair of the Congressional Black Cau- excellence, and I am pleased that NIH has Our government needs to be on the right cus, let me say that it is altogether fitting and recognized them as strong research cam- side of this border war. Our government needs proper that we set aside the month of Feb- puses. to defend our agents who face hostility from a ruary to remember and honor the achieve- Unfortunately, nearly level funding for NIH violent enemy. Our government needs to be ments and contributions of American heroes over the past few years has severely limited less concerned with protecting criminals and like George Washington Carver, Dr. Charles the size of the award that can be made to more concerned with how agents actions will Drew, Justice Thurgood Marshall, Congress- these and the other CTSA-recipient institu- prevent further crime. Enemies throughout woman Shirley Chisholm, Jackie Robinson, tions. In addition to hindering the important time respect only one thing and that is action Crispus Attucks, Tiger Woods, Benjamin work being done at the current CTSA sites, and defiance. If we allow our agents to show Banneker, and Guion Bluford, Jr. the funding challenges have encumbered im- that force and take it to the enemy instead of But Mr. Speaker, nothing wilts so fast as plementation of the program and threaten to being gun shy, perhaps we will once again re- laurels that are rested upon. Time marches on curtail its intended size of 60 sites. store order on the border. and history unfolds daily. The greatest con- As a firm supporter of NIH, I commend f tributions to the American experience are yet Chairman OBEY on the increased NIH funding to be made. The challenges facing our country in both the FY09 Omnibus Appropriations bill TRIBUTE TO BALTIMORE READS are great but not as great as our will to over- and the American Recovery and Reinvestment come them. We have an economy to rebuild, Act and thank him for designating for the HON. JOHN P. SARBANES an environment to protect, a generation to CTSA program in the Omnibus bill. I look for- OF MARYLAND educate, diseases to cure, and lives to reward to working with my colleagues on the IN THE HOUSE OF REPRESENTATIVES claim. Appropriations Committee to provide robust Thursday, February 26, 2009 We will succeed. And when the history of funding for this important program in the FY10 this period is written, I have no doubt that it appropriations cycle. Mr. SARBANES. Madam Speaker, I rise will record the tremendous accomplishments f today to recognize Baltimore Reads—an orga- made by Americans, including African Ameri- nization that has worked tirelessly for the past cans. LAW ENFORCEMENT LOOKING 20 years to combat illiteracy. Their goal is to We will rebuild our economy, preserve the OVER THEIR SHOULDER. ARE help participants gain the necessary skills for environment and protect the planet, end the THEY GUN SHY? self-sufficiency, employment, and life-long HIV/AIDS epidemic and other scourges; pro- learning in order to achieve economic and so- vide a world class education to the next gen- HON. TED POE cial empowerment. For 20 years, Baltimore eration; and demonstrate to the world not only OF TEXAS Reads has been striving to meet these goals that it is possible but desirable for people of IN THE HOUSE OF REPRESENTATIVES and, for many participants, has been a means different races, creeds, and religions to live Thursday, February 26, 2009 to achieve them. and work together in peace and harmony. Since 1992, Baltimore Reads has distributed As members of the greatest legislative body Mr. POE of Texas. Madam Speaker, one more than one million books to schools and in the world it remains our duty this month and element lost throughout the fight to free Bor- disadvantaged families. At the Ripken Adult every month of every year to pursue policies der Patrol agents Ramos and Compean is the Learning Center, their educational facility in that promote social and economic justice. weakened morale it brought throughout the downtown Baltimore, more than 325 students As an African American woman and legis- entire ranks of the Border Patrol and its pos- attend classes at proficiency levels ranging lator who has been benefited from the pio- sible detrimental effects on border security. from non-readers to GED candidates. With neering work of others, I am committed to Everyone in the agency knows it could have their programs in high demand, they have doing all that I can to ensure that the doors of been them standing guard along the border in plans to expand to more locations and add opportunity are opened even wider and that all Fabens, TX that February day in 2005. Faced Internet classes. Today, thousands of Balti- persons in our country have the opportunity to with a similar situation, would they have made moreans have the basic skills necessary to fulfill their potential and realize their dreams. the same call as Ramos and Compean? The succeed in life because of Baltimore Reads’ I urge all Members to joining me in voting to question is an important one because when efforts. support this resolution. placed in future similar situations, agents will I strongly support Baltimore Reads’ vision of f pause and hesitate and will think long and a 100 percent literacy rate in Baltimore. I PROVIDING FOR CONSIDERATION hard about what course of action to take and would like to take this opportunity to commend OF H.R. 1105, OMNIBUS APPRO- if they take a certain course of action, will their them on their work and wish them another 20 PRIATIONS ACT, 2009 government back them up or will they face years of success. scrutiny and prosecution? The border is a f SPEECH OF dangerous place full of dangerous bad guys who don’t contemplate these things. Their job HONORING POLK COUNTY SCHOOL HON. DAVID E. PRICE is to get their drugs across the border and will DISTRICT SUPERINTENDENT OF NORTH CAROLINA fight with everything they have to accomplish MARVIN WILLIAMS IN THE HOUSE OF REPRESENTATIVES that task. Agents are taught to use their train- Wednesday, February 25, 2009 ing to help them in the face of danger but HON. PHIL GINGREY Mr. PRICE of North Carolina. Mr. Speaker, even the most trained agent is human and OF GEORGIA I rise today in support of the Clinical and most if not all will pause long and hard with IN THE HOUSE OF REPRESENTATIVES Translational Science Award (CTSA) Program thoughts of Ramos & Compean. Officers who Thursday, February 26, 2009 at the National Institutes of Health (NIH). The hesitate to act not only risk safety to them- CTSA program is an important and trans- selves but they risk losing control of our bor- Mr. GINGREY of Georgia. Madam Speaker, formative initiative designed to improve the der to the bad guys. The problem is, the other in celebration of Black History Month, I want to way biomedical research is conducted across side knows this and their behavior has been continue recognizing African Americans from the, country, reduce the time it takes for lab- growing ever more hostile and ever more throughout Georgia’s 11th Congressional Dis- oratory discoveries to become treatments for assaultive to see the length they can take. trict who have had a major impact on their patients, engage communities in clinical re- Agents who take aggressive action to hold community. search efforts, and train the next generation of their border line and protect themselves and Today, I rise to honor Marvin Williams of clinical and translational researchers. their fellow colleagues are constantly looking Rockmart, Georgia in Polk County. Marvin has As the Labor, Health and Human Services, over their shoulder. The Mexican government demonstrated a passion for serving others and Education Subcommittee noted in its sub- has aided in that fear. They constantly are di- both in his personal and professional lives. For committee mark, the program has the potential recting pressure from their consulates to local over 30 years, Marvin has been involved in to create a new paradigm for clinical and and national offices of the U.S. Attorney’s of- the educational system of Polk County. He translational research. fice and FBI to stomp out what they consider began his service as a Special Education

VerDate Nov 24 2008 04:24 Feb 27, 2009 Jkt 079060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\A26FE8.022 E26FEPT1 jbell on PROD1PC69 with REMARKS February 26, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E475 teacher and in 1980, Marvin started his admin- Address of Requesting Entity: 1200 Travis is a 9-foot depth channel extending from the istrative career at Westside Elementary Street, Houston, TX 77002 Houston Ship channel along the east shore of School. In 1999, Marvin Williams became In- Description of Request: I have secured the Trinity Bay, to a point 1 mile below Ana- terim Superintendent for the Polk County $150,000 for the Houston Police Department huac, Texas. Maintenance is needed to allow School District and officially became the coun- to purchase 50 additional mobile AFIS (auto- shallow draft barge access to support the cur- ty’s first African-American Superintendent in mated fingerprint identification system) rent industrial residents at the Port of Liberty 2007. Marvin has also been a valuable addi- handheld devices that would be given to po- and to attract new ones. The combination of tion to my 11th District Education Advisory lice officers away from their desks to quickly rail and barge traffic at the Port of Liberty cre- Board, helping to advise me in improving our capture biometric information of suspects and ates a powerful synergy to propel the eco- nation’s education policies. quickly determine their criminal histories, out- nomic development of our primary rural com- In addition to Marvin’s commitment to the standing warrants, whether they have an order munity. education system of Polk County, he also of removal or bench warrant for a failure to Requesting Member: Congressman TED gives back to his community through his serv- appear for an immigration proceeding from Im- POE ice as the Minister of Music at Thankful Bap- migration and Customs Enforcement, etc. from Bill Number: FY 2009 Omnibus Appropria- tist Church in Rome, Georgia. ICE’s Office of Detention and Removal’s de- tions Act Madam Speaker, I ask that my colleagues portable felon database. Account: Corps of Engineers, O&M join me in thanking Superintendent Marvin Wil- Requesting Member: Congressman TED Legal Name of Requesting Entity: Gulf Intra- liams for his leadership and service to the POE coastal Canal Association people of Polk County and his commitment to Bill Number: FY 2009 Omnibus Appropria- Address of Requesting Entity: 2010 Butler the students in his district. tions Act Drive, Friendswood, TX 77546 f Account: Corps of Engineers, Investigations Description of Request: I have helped se- Legal Name of Requesting Entity: Sabine- cure $29,586,000 to maintain navigation of se- EARMARK DECLARATION Neches Navigation District lected Gulf Intracoastal Waterway reaches in Address of Requesting Entity: P.O. Box 778, Texas such as the Victoria, Cedar Bayou, and HON. TED POE 2348 Hwy. 69 North, Nederland, TX 77627 Harlingen channels. Funding also could in- OF TEXAS Description of Request: I have secured clude installing mooring buoys at selected lo- IN THE HOUSE OF REPRESENTATIVES $478,000 to complete the feasibility study cations along the waterway and repairs to the phase of deepening and widening the Sabine- Thursday, February 26, 2009 Colorado Lock near Matagorda, Texas. Neches Waterway which will include beginning Requesting Member: Congressman TED Mr. POE of Texas. Madam Speaker, pursu- the Planning, Engineering, and Design (PED) POE ant to the Republican Leadership standards phase of the General Investigation of deep- Bill Number: FY 2009 Omnibus Appropria- on earmarks, I am submitting the following in- ening and widening the waterway. tions Act formation regarding earmarks I received as Requesting Member: Congressman TED Account: Department of Health and Human part of the FY 2009 Omnibus Appropriations POE Services, Health Resources and Services Ad- Act: Bill Number: FY 2009 Omnibus Appropria- ministration, Health Facilities and Services Requesting Member: Congressman TED tions Act Legal Name of Requesting Entity: Lamar POE Account: Department of Energy, EERE University Bill Number: FY 2009 Omnibus Appropria- Legal Name of Requesting Entity: University Address of Requesting Entity: PO Box tions Act of Houston Center for Clean Fuels and Power 10001, Beaumont, TX 77710 Account: Department of Justice, Office of Generation (CFPG) Description of Request: I have secured Justice Programs, Byrne Discretionary Grants Address of Requesting Entity: 4800 Calhoun $238,000 to Lamar University’s Community Legal Name of Requesting Entity: Houston Road, Houston, TX 77004 and University Partnerships Service (CUPS) to Police Department Description of Request: I have helped se- help coordinate, plan and promote quality Address of Requesting Entity: 1200 Travis cure $475,750 to focus on the synthesis and healthcare for underserved populations in Street, Houston, TX 77002 development of clean and sustainable fuels, Southeast Texas. CUPS will provide critical Description of Request: I have secured their combustion for efficient generation of access to resources and expertise for quality $350,000 for the Houston Police Department portable power, and their exhaust after-treat- healthcare coupled with traditional community- to purchase more LiveScan equipment, ena- ment for minimal impact to the environment. based delivery systems through efficient utili- bling them to capture electronic fingerprints CFPG is one component of a diverse portfolio zation of University resources and partner- and be part of the IAFIS (Integrated Auto- of programs focused on energy at UH, which ships. mated Fingerprint Identification System) pro- is strategically located in a vast regional petro- Requesting Member: Congressman TED gram which enables them to determine in sec- chemical complex and port system, as well as POE onds as opposed to days the alienage and the center of the international energy industry. Bill Number: FY 2009 Omnibus Appropria- criminal history of those they apprehend CFPG program activities include: cross-cutting tions Act through the federal Law Enforcement Support multi-scale research in the sciences and engi- Account: Department of Health and Human Center. Previously, Houston has gone through neering, technology transfer and integration, Services, Health Resources and Services Ad- the Texas Department of Public Safety which and educating a diverse scientific workforce in ministration, Health Facilities and Services has received approximately $26 million in fields key to the success of the U.S. economy. Legal Name of Requesting Entity: Memorial grants from the National Criminal History Im- Requesting Member: Congressman TED Hermann Baptist Beaumont Hospital provement Program (through the Bureau of POE Address of Requesting Entity: PO Box 1591, Justice Statistics) since 1995; however, the Bill Number: FY 2009 Omnibus Appropria- Beaumont, TX 77704 Texas Department of Public Safety and the tions Act Description of Request: I have secured National Criminal History Improvement Pro- Account: Corps of Engineers, O&M $190,000 for the Hospital’s Behavioral Health gram services the entire state and they are Legal Name of Requesting Entity: Cham- Center to renovate the Center’s appearance. limited in the amount of funding it can provide bers-Liberty Counties Navigation District Requesting Member: Congressman TED to Houston. Houston has 6 Livescan machines Address of Requesting Entity: 1801 Trinity POE working. Funds obtained last fiscal year Street, Liberty, TX 77575 Bill Number: FY 2009 Omnibus Appropria- helped them buy 7 additional machines. Hous- Description of Request: I have secured tions Act ton still needs 9 more machines to be fully $994,000 to maintain navigation along the Account: Economic Development Initiatives electronic under IAFIS city wide. lower Trinity River in Texas. The Trinity River Legal Name of Requesting Entity: City of Requesting Member: Congressman TED Project is a 47 mile shallow draft waterway be- Beaumont, TX POE ginning with the Anahuac Channel which ex- Address of Requesting Entity: 801 Main Bill Number: FY 2009 Omnibus Appropria- tends for 5.6 miles from the 6 foot depth in Street, Beaumont TX 77701 tions Act upper Trinity Bay to the Mouth of the Trinity Description of Request: I have secured Account: Department of Justice, Office of River at Anahuac Texas. From the mouth of $190,000 for improvements to a 20 block area Justice Programs, Byrne Discretionary Grants Trinity River, the channel to Liberty proceeds in downtown Beaumont, including Neches Legal Name of Requesting Entity: Houston for 41.4 miles along the meanders of the Trin- Street from Laurel to College Streets and Park Police Department ity River to the Port of Liberty. Also included Street from North to College Streets. Since the

VerDate Nov 24 2008 04:24 Feb 27, 2009 Jkt 079060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 E:\CR\FM\A26FE8.025 E26FEPT1 jbell on PROD1PC69 with REMARKS E476 CONGRESSIONAL RECORD — Extensions of Remarks February 26, 2009 downtown improvements are an ongoing ducers, processors, wholesalers and retailers Address of Requesting Entity: College of project, the design and construction of the electronic access to geographically referenced Veterinary Medicine, 1008 Hazelwood Dr., Ur- project would take approximately a year and data, thus enhancing the opportunity for food bana, IL 61802 could begin immediately. and agricultural entrepreneurs to identify and Description of Request: $235,000 for the Illi- Requesting Member: Congressman TED develop new and profitable markets and im- nois Center for One Medicine, One Health at POE prove the efficiency and profitability of food the University of Illinois which will focus on re- Bill Number: FY 2009 Omnibus Appropria- systems in the United States and globally. Of search, training and outreach efforts designed tions Act this amount $91,277 is for personnel; $28,752 to improve our society’s preparedness and re- Account: Airport Improvement Program for Supplies; $17,204 for Publications; $13,198 sponse to natural and intentional exposures of Legal Name of Requesting Entity: Houston for Services; $13,679 for travel; and $11,890 biological, chemical and physical agents. Of Airport System, George Bush Intercontinental for USDA administrative costs. this amount $117,500 is for research; $47,000 Airport Requesting Member: TIMOTHY V. JOHNSON is for the instruction of courses various aca- Address of Requesting Entity: P.O. Box Bill Number: Fiscal Year 2009 Agriculture demic programs; and $70,500 for training pro- 60106, Houston, TX 77205–0106 Appropriations bill included in H.R.1105 grams and exercises to serve state depart- Description of Request: I have secured Account: Cooperative State Research, Edu- ments of agriculture and public health. $712,500 for noise mitigation to include the cation, and Extension Service Requesting Member: TIMOTHY V. JOHNSON continued residential acquisition and sound in- Legal Name of Requesting Entity: University Bill Number: Fiscal Year 2009 Agriculture sulation program. The August 2000 Record of of Illinois Appropriations bill included in H.R.1105 Decision for the Houston’s George Bush Inter- Address of Requesting Entity: College of Account: Cooperative State Research, Edu- continental Airport Runway 8L–26R and Asso- Agricultural, Consumer and Environmental cation, and Extension Service ciated Near-Term Master Plan Projects and Sciences, 1301 West Gregory Drive, Urbana, Legal Name of Requesting Entity: Inter- Federal Actions identified a series of actions IL 61801 national Arid Lands Consortium necessary to mitigate the environment impacts Description of Request: $461,000 for the Address of Requesting Entity: 1955 East 6th associated with the new runway and the re- University of Illinois to conduct collaborative, Street, Tucson, AZ 85719 lated airport improvements. In terms of dis- multidisciplinary research to promote optimal Description of Request: $401,000 for the cernible community impacts, aircraft noise is human health by studying novel attributes of International Arid Lands Consortium to use re- the primary activity requiring mitigation. As food. Of this amount $322,300 is for Per- search and technical assistance expertise at noted in the Record of Decision (page 53), sonnel; $14,000 is for Participant/Trainee Sup- the University of Illinois, University of Arizona, ‘‘The primary responsibility for implementation port; $60,600 for Supplies; $3,300 for Publica- University of Nevada’s DRI, New Mexico State of the mitigation measures lies with the Hous- tions; $29,800 for Travel; and $31,000 for University, Texas A&M University and South ton Airport System and the FAA will take ap- USDA administrative costs. Dakota State University in the critical fields of propriate steps through federal funding grant Requesting Member: TIMOTHY V. JOHNSON sustainable agriculture, land management and assurances and grant conditions, airport layout Bill Number: Fiscal Year 2009 Agriculture water use. It cooperates with researchers in plan approvals, and contract plans and speci- Appropriations bill included in H.R.1105 Israel, Jordan and Egypt to enhance its effec- Account: Cooperative State Research, Edu- fications to ensure that the following mitigation tiveness. Of this amount $301,000 will go to cation, and Extension Service actions are implemented during project devel- peer reviewed research projects at the mem- Legal Name of Requesting Entity: University opments. The approvals contained in this ber institutions and $100,000 will go to admin- of Illinois Record of Decision are specifically conditioned istrative costs. Address of Requesting Entity: College of Requesting Member: TIMOTHY V. JOHNSON upon full implementation of these mitigation Agricultural, Consumer and Environmental Bill Number: Fiscal Year 2009 CJS Appro- measures.’’ The measures identified in the Sciences, 1301 West Gregory Drive, Urbana, priations bill included in H.R.1105 Final Environmental Impact Statement and the IL 61801 Account: Office of Justice Programs—Juve- Record of Decision are acquisition and sound- Description of Request: $745,000 for the nile Justice proofing of residential properties exposed to Soybean Disease Biotechnology Center, lo- Legal Name of Requesting Entity: Project significant noise impacts. Property acquisition cated within the National Soybean Research Success of Decatur and Macon County and soundproofing have been underway for Laboratory (NSRL) at the University of Illinois, Address of Requesting Entity: 310A West several years. To date, over $35 million has which provides cutting edge research and a William Street, Decatur, IL 62522 been invested in this program. first line of defense against major soybean dis- Description of Request: $180,000 to imple- f eases. Of this amount $595,000 is for Per- ment the ‘‘Truancy Prevention and School Success’’ project to provide truancy preven- EARMARK DECLARATION sonnel; $80,000 for Supplies; $20,000 for Travel; and $50,000 for USDA administrative tion/intervention programming for public school costs. children in grades K–8. Of this funding HON. TIMOTHY V. JOHNSON Requesting Member: TIMOTHY V. JOHNSON $64,920 is for Personnel; $3,000 for equip- OF ILLINOIS Bill Number: Fiscal Year 2009 Agriculture ment; $4,000 for Travel; $7,650 for supplies; IN THE HOUSE OF REPRESENTATIVES Appropriations bill included in H.R.1105 and $100,430 for consultants and tutors. Thursday, February 26, 2009 Account: Cooperative State Research, Edu- Requesting Member: TIMOTHY V. JOHNSON cation, and Extension Service Bill Number: Fiscal Year 2009 CJS Appro- Mr. JOHNSON of Illinois. Madam Speaker, Legal Name of Requesting Entity: University priations bill included in H.R.1105 pursuant to the Republican Leadership stand- of Illinois Account: NOAA—Operations, Research, ards on project funding, I am submitting the Address of Requesting Entity: College of and Facilities following information regarding project funding Agricultural, Consumer and Environmental Legal Name of Requesting Entity: Illinois I requested as part of Fiscal Year 2009 Omni- Sciences, 1301 West Gregory Drive, Urbana, State Geological Survey bus Appropriations bill that was included in IL 61801 Address of Requesting Entity: 615 E. Pea- H.R.1105: Description of Request: $564,000 for the body Drive, Champaign, IL 61820 Requesting Member: TIMOTHY V. JOHNSON Livestock Genome Sequencing Initiative at the Description of Request: $725,000 for the Illi- Bill Number: Fiscal Year 2009 Agriculture University of Illinois and international partners nois Height Modernization project to update Appropriations bill included in H.R.1105 in two consortia who are creating maps of the the benchmarks in the state (approximately Account: Cooperative State Research, Edu- complete cattle and swine genomes. Of this half can no longer be located), unify the data- cation, and Extension Service amount $253,800 is for Personnel; $140,000 base of benchmarks, and provide a digital ele- Legal Name of Requesting Entity: University for Supplies; $115,400 for Services (sequenc- vation (LiDAR) model for the state. Of this of Illinois ing); $17,000 for Travel; and $37,800 for amount $64,708 is for salaries and benefits; Address of Requesting Entity: College of USDA administrative costs. $11,000 is for travel; $16,500 is for Computing Agricultural, Consumer and Environmental Requesting Member: TIMOTHY V. JOHNSON Hardware and Services; $200,000 is for Level Sciences, 1301 West Gregory Drive, Urbana, Bill Number: Fiscal Year 2009 Agriculture lines for new benchmarks in Northern Illinois; IL 61801 Appropriations bill included in H.R.1105 $190,000 is for LiDAR data collection; $2,000 Description of Request: $176,000 for the Account: Cooperative State Research, Edu- for outreach forums; $377 for commodities; University of Illinois Extension to extend its cation, and Extension Service $400 for telecommunications; $119,665 for fa- MarketMaker information technology platform Legal Name of Requesting Entity: University cilities and administration; and $120,350 for to a national level that will enable food proof Illinois NOAA/NGS overhead.

VerDate Nov 24 2008 04:24 Feb 27, 2009 Jkt 079060 PO 00000 Frm 00014 Fmt 0626 Sfmt 9920 E:\CR\FM\K26FE8.007 E26FEPT1 jbell on PROD1PC69 with REMARKS February 26, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E477

Requesting Member: TIMOTHY V. JOHNSON gard to alternative and renewable energy edu- Account: Economic Development Initiatives Bill Number: Fiscal Year 2009 CJS Appro- cation. Of this amount, $1,332,100 will be Legal Name of Requesting Entity: Illinois priations bill included in H.R.1105 spent on materials and equipment in the State University Account: NOAA—Operations, Research, Northwest Classroom Building and include the Address of Requesting Entity: Campus Box and Facilities upgrade of HVAC and electrical, lighting, and 304, Hovey 310, Normal, IL 61790 Legal Name of Requesting Entity: Mid- plumbing systems along with the removal of Description of Request: $95,000 for the de- western Regional Climate Center asbestos. velopment of a university research park for Address of Requesting Entity: 2204 Griffith Requesting Member: TIMOTHY V. JOHNSON small to medium sized businesses that will as- Drive, Champaign, IL 61820 Bill Number: Fiscal Year 2009 interior Ap- sist regional business development and create Description of Request: $3,900,000 for the propriations bill included in H.R.1105 opportunities for new jobs in Illinois. The busi- Regional Climate Centers (RCC) program Account: STAG—Water and Wastewater In- ness incubator and university research park which will be split between the 6 Regional frastructure Project will be mixed use with particular emphasis on Centers to gather climate data from around Legal Name of Requesting Entity: City of specializing in renewable energy, nanotechnol- the country, providing quality assurance and Lexington, Illinois ogy and advanced manufacturing. Of this disseminating information to Federal, state Address of Requesting Entity: 329 West amount, $30,000 will be used for office equip- and local government agencies, universities, Main Street, Lexington, IL 61753 ment; $5,000 will be used for supplies; and businesses and the general public. After ad- Description of Request: $300,000 for the $60,000 for personnel. ministration costs to NOAA/NESDIS approxi- City of Lexington, Illinois for the construction f of a new city-wide sanitary sewage collection mately each RCC will receive $570,000. For EARMARK DECLARATION the Midwest Regional Climate Center and treatment system. The City is under a $381,800 will be used for Personnel; $156,200 ‘‘consent decree’’ with the Illinois EPA that is for University of Illinois overhead; $20,000 avoids legal action against the City as long as HON. JIM GERLACH OF PENNSYLVANIA for operational support; and $12,000 for travel. construction of the new system is undertaken IN THE HOUSE OF REPRESENTATIVES Requesting Member: TIMOTHY V. JOHNSON in a timely manner. Of this amount, all of the Bill Number: Fiscal Year 2009 Labor-HHS- $300,000 will be spent on design services for Thursday, February 26, 2009 Education Appropriations bill included in the new system. Mr. GERLACH. Madam Speaker, pursuant H.R.1105 Requesting Member: TIMOTHY V. JOHNSON to the Republican Leadership standards on Bill Number: Fiscal Year 2009 Transpor- Account: Health Resources and Services earmarks, I am submitting the following infor- tation—HUD Appropriations bill included in Administration (HRSA)—Health Facilities and mation for publication in the CONGRESSIONAL H.R.1105 Services Account: Transportation, Community, and RECORD regarding earmarks I received as part Legal Name of Requesting Entity: Dewitt- System Preservation of H.R. 1105, Consolidated Appropriations for Piatt Bi-County Health Department Legal Name of Requesting Entity: University Fiscal Year 2009. Address of Requesting Entity: 910 Rte. 54 of Illinois TRANSPORTATION, TREASURY, HOUSING AND URBAN East, PO Box 518, Clinton, IL 61727 Address of Requesting Entity: Facilities & DEVELOPMENT Description of Request: $238,000 for the Services, 1501 South Oak Street, Cham- Downingtown Borough, 4–10 West Lan- construction of an office facility to house oper- paign,IL 61821 caster Avenue, Downingtown, Pennsylvania— ations of the local public health department Description of Request: $570,000 for the ex- $712,500 for a bridge over Brandywine Creek. which will include a dental clinic to meet grow- tension of Fourth Street to Hazelwood Road in The bridge will extend Boot Road over Bran- ing needs in the community. Of which, all of Champaign, Illinois for new development pur- dywine Creek allowing access to a proposed the $238,000 will be spent on contractual poses and increased traffic needs. This will re- redevelopment site that will bring jobs and at- services, such as labor and construction mate- lieve traffic congestion along First Street and tract businesses to Chester County’s only rials. provide better access to the University of Illi- Keystone Opportunity Zone (KOZ). It is critical Requesting Member: TIMOTHY V. JOHNSON nois at Urbana-Champaign campus, the Uni- to the revitalization plans of the borough. Bill Number: Fiscal Year 2009 Energy and versity Park Hotel & Conference Center, and Valley Forge Park National Historical Park, Water Development Appropriations bill in- The Research Park at the University of Illinois. 1400 North Outer Line Drive, King of Prussia, cluded in H.R.1105 Of this amount, $171,500 will be spent on en- Pennsylvania—$142,500 for the construction Account: Army Corps of Engineers—Inves- gineering costs; $307,000 will be spent on in- of a bridge over Valley Creek for Loop Trail. tigations stalling a traffic signal at the corner of St. This project will complete the final link in Val- Legal Name of Requesting Entity: City of Mary’s Rd. and Fourth St.; clearance activities ley Forge National Historical Park’s Joseph Grayville, Illinois will cost $33,500; and $58,000 will be spent Plumb Martin Trail (JPMT), which receives Address of Requesting Entity: 122 S. Court on installing a storm sewer. 960,000 visits annually. The Missing Link will St., Grayville, IL 62844 Requesting Member: TIMOTHY V. JOHNSON connect the JPMT with three other popular Description of Request: $96,000 for a plan- Bill Number: Fiscal Year 2009 Transpor- hiking and recreational trails and with two pop- ning study to determine the feasibility of build- tation—HUD Appropriations bill included in ular parking areas at Knox’s Quarters and the ing a low-water dam near the main channel of H.R.1105 Mount Misery trailhead. The new trail will en- the Wabash River at Grayville, Illinois. Of this Account: Economic Development Initiatives able visitors to walk, jog, or bicycle around the total amount, $10,000 will be used for prelimi- Legal Name of Requesting Entity: City of entire park without having to travel along dan- nary analysis and scope definition; $25,000 Bloomington, Illinois gerous state highways. This will greatly im- will be used for a ground and aerial survey; Address of Requesting Entity: 107 E. Chest- prove visitor safety and enhance the visitor ex- $25,000 will be used for environmental coordi- nut Street, Bloomington, IL 61701 perience through reduced exposure to high- nation; $25,000 will be used toward generating Description of Request: $166,250 for the volume traffic and the increased availability of the dam feasibility report; and $10,000 will be renovation of a 33,000 square foot former recreational options. spent on a preliminary design of the dam. medical building into a regional arts education Borough of Boyertown, 100 S. Washington Requesting Member: TIMOTHY V. JOHNSON center for children. The final component of the Street, Boyertown, Pennsylvania—$475,000 Bill Number: Fiscal Year 2009 Energy and City’s new downtown Cultural District, the new for Main Street streetscape improvements. Water Development Appropriations bill in- center will enable the growth of area arts or- Boyertown is a Main Street designated com- cluded in H.R.1105 ganizations, provide after-school arts pro- munity under the Main Street program of the Account: Energy Efficiency and Renewable grams for at-risk children in the city’s core Pennsylvania Department of Economic Devel- Energy neighborhoods and continue the economic re- opment. The purpose of the designation is to Legal Name of Requesting Entity: Lake vitalization of Bloomington’s downtown. Of this revitalize the downtown commercial district to Land College amount, $146,250 will be used to replace the promote a stable, safe, and pleasant shopping Address of Requesting Entity: 5001 Lake building’s heating and air conditioning system and living area to be enjoyed but not only the Land Boulevard, Mattoon, IL 61938 and $20,000 will be used for classroom equip- borough but surrounding communities. Description of Request: $1,332,100 to de- ment and furnishings. Historic Yellow Springs, PO Box 62, Chester velop a campus-wide alternative energy plan Requesting Member: TIMOTHY V. JOHNSON Springs, Pennsylvania—$142,500 for parking to encompass the use of wind energy, geo- Bill Number: Fiscal Year 2009 Transpor- and street enhancements at Historic Yellow thermal, and photovoltaics in an effort for Lake tation—HUD Appropriations bill included in Springs. The funding will help to further revi- Land College to take a leadership role in re- H.R.1105 talize the community with projects to enhance

VerDate Nov 24 2008 04:24 Feb 27, 2009 Jkt 079060 PO 00000 Frm 00015 Fmt 0626 Sfmt 9920 E:\CR\FM\K26FE8.008 E26FEPT1 jbell on PROD1PC69 with REMARKS E478 CONGRESSIONAL RECORD — Extensions of Remarks February 26, 2009 parking and to help renovate their facilities. and physiology laboratory, and a mathematics Chester County Historical Society (CCHS), The mission of Historic Yellow Springs is to laboratory, that will help Alvernia in broad- 225 North High Street, West Chester, Penn- share, preserve, and celebrate the unique liv- ening its scientific offerings. sylvania—$190,000 for a community historical ing village of Yellow Springs by focusing on Albright College, 13th & Bern Sts, P.O. Box education initiative in the County. Funding will history, arts, education and the environment. 15234, Reading, Pennsylvania—$380,600 for be used to modernize and broaden education Montgomery County Community College, science instrumentation and construction of and other outreach services to better address 340 Dekalb Pike, Blue Bell, Pennsylvania— three student independent research labs dedi- the changing needs, expectations, and demo- $237,500 for continued expansion of their cated to biology, chemistry and biochemistry graphics of the community. West Campus in the borough of Pottstown. and physics. Pocopson Township Historical Committee, This funding will allow for Montgomery County FINANCIAL SERVICES PO Box 1, Pocopson, Pennsylvania— Community College’s further expansion of Delaware County Community College, 901 $214,000 for exhibits and curriculum develop- workforce development and transfer program- South Media Line Road, Media, Pennsyl- ment at the Locust Grove Schoolhouse. The ming to help residents in Pottstown Borough vania—$300,000 for a small business solu- Pocopson Township Historical Committee and greater tri-county area of Montgomery, tions center. The funding will be used to con- works to identify and encourage the preserva- Chester, and Berks counties. tinue the Center’s operations as well as ex- tion of historical resources within the Township AGRICULTURE pand its programs. Specifically, the Center will through education and community involve- The Rodale Institute, 611 Siegfriedale Rd., develop and deliver a series of entrepreneurial ment. Kutztown, Pennsylvania—$42,000 for contin- programs for students enrolled in DCCC’s f ued Arbuscular Mycorrhizal Fungi research. trade programs (i.e., plumbing, electrical, carpentry, HVAC, automotive technology, and TRIBUTE TO BERNARD C. The funding will help further Rodale’s research BARRMAN, SR. which they believe has helped to determine welding) since these students have consist- that using biological farming methods instead ently asked for more training in starting their own small businesses. of chemical methods will produce cleaner air HON. KEVIN McCARTHY and safer drinking water. INTERIOR AND ENVIRONMENT OF CALIFORNIA City of Reading, 815 Washington Street, IN THE HOUSE OF REPRESENTATIVES COMMERCE, JUSTICE AND SCIENCE Reading, Pennsylvania—$500,000 for the Thursday, February 26, 2009 Berks County Community Foundation, PO Reading Waste Water Treatment Plant. The Box 212, Reading, Pennsylvania—$200,000 funding will be used to consolidate screening Mr. MCCARTHY of Cailfornia. Madam for the Reading Police K9 Unit. The funding and grit removal operations, the impact of fu- Speaker, I rise today to honor a longtime com- will be used to further develop the Reading ture environmental regulations, the need for munity leader and friend, Bernard ‘‘Bernie’’ Police K9 Unit and help meet its future finan- security improvements, and the potential for Barmann Sr., from Bakersfield, California, on cial needs for the purpose of crime reduction improved efficiencies associated with new his retirement after more than 30 years of in the City of Reading. control systems. service to Kern County. Bernie has served in Exeter Police Department, 4975 Demoss LABOR HEALTH AND HUMAN SERVICES AND EDUCATION the Kern County Counsel’s Office since 1974, Road, Exeter, Pennsylvania—$250,000 for the Phoenixville Community Education Founda- first as the Deputy County Counsel and then Berks County Emergency Response Team tion, PO Box 809, Phoenixville, Pennsyl- as County Counsel since 1985. (BCERT). Funding will be used to purchase vania—$147,000 for remedial after school Bernie graduated from Immaculate Concep- equipment necessary for the formation of a math and reading education. Funding will be tion College in 1955 and later earned his M.A. Berks County emergency response team. The used to provide remedial summer and after- and Ph.D. from Stanford University in 1966. team and equipment that will be bought with school programming for students in grades K– As a Fulbright Scholar and Kent Fellow, Ber- this funding will help protect the lives of police 12 who are not proficient in math and reading nie studied in France in 1963 to 1965. A dedi- officers and other first responders during the on the Pennsylvania System of School As- cated scholar, Bernie taught at the Ohio State resolution of high-risk incidents and serving ar- sessment (PSSA), the states standardized University and the University of Toronto from rest and search warrants. test. 1966 to 1971. In 1974, he earned a J.D. from Alvernia College, 540 Upland Avenue, I–LEAD, Inc., 525 Penn St., Reading, Penn- the University of San Diego. Locally, he was Reading, Pennsylvania—$600,000 for the sylvania—$143,000 for the College Without an adjunct professor at California State Uni- South Reading Youth Initiative. The funding Walls program. The College Without Walls versity, Bakersfield’s School of Business and will be used to assist at-risk youth by pro- program delivers I–LEAD’s leadership cur- Public Administration from 1986 to 2000. moting programs that teach them to expand riculum via an accelerated Associates Degree A skilled lawyer, Bernie was admitted to the their ability to think logically and critically, to in Leadership Studies in students’ neighbor- California State Bar in 1974 and for 33 years comprehend accurately, and to communicate hoods of residence through partnerships with has practiced law in California at both the effectively. local nonprofit organizations. The program in- state and federal level. He has also been ad- American Library Association, 1615 New cludes Vocational training opportunities in mitted to argue in front of several federal Hampshire Ave. NW, First Floor, Washington, healthcare, including a cutting-edge vocational courts as well as the United States Supreme DC—$258,000 for the All Kids Count program. ESL program, leverages workforce develop- Court. Bernie has also been active in the Cali- The funding will be used to develop a series ment dollars to build long-term careers in high- fornia State Bar and the Kern County Bar—he of four films dedicated to educating parents demand industries for low-income workers. was an editor for the Law Practice Manage- how to keep their children safe and informing For those who do not have a high school di- ment Newsletter for the State Bar from 1991 children how to protect themselves against ab- ploma, I–LEAD offers GED classes and sup- to 1993 and served as President of the Kern duction, internet predators and targeted school port to equip local residents to take the next County Bar Association in 2001. He served violence. step toward economic independence and fam- from 1997 to 2000 on the State Bar Judicial Police Athletic League of Norristown, PO ily and community stability by furthering their Nominees Evaluation Commission and was Box 685, Norristown, Pennsylvania—$92,000 education. President of the California County Counsels for PAL youth programs in Norristown. The Chester County Hospital, 701 East Marshall Association in 1993–1994. Bernie was award- funding will be used to continue the high-qual- Street, West Chester, Pennsylvania— ed the Kern County Bench & Bar Award in ity, low-cost programs that are offered to the $428,000 for facilities and equipment. The 2006 for his outstanding contributions to the youth (ages 5–18) of the Norristown Area. funding will be used to add 72 inpatient beds legal profession and justice system, and was Programs and activities are offered that cover and will allow the hospital to centralize and recognized in Who’s Who in American Law educational, artistic and recreational interests. update all of its surgical facilities and services. each year from 1992 to 2004. He lectures fre- ENERGY AND WATER Central Pennsylvania African American Mu- quently on local government issues, especially Alvernia College, 540 Upland Avenue, seum, 119 N. 10th Street, Reading, Pennsyl- on the topics of the California Open Meeting Reading, Pennsylvania—$570,900 for sci- vania—$238,000 for exhibits relating to the law and the Public Records Act. entific instrumentation initiatives. The funding Underground Railroad. Funding will be used to An active member in the Kern County com- will be used for essential investigative equip- educate the public regarding African American munity, Bernie has been a Rotarian for 23 ment for an interdisciplinary forensic science History including inventions, contributions to years and has served in leadership positions and criminalistics training laboratory, an envi- society and the world, with special emphasis with various community organizations, includ- ronmental research laboratory, a fuels and en- on telling the Underground Railroad story and ing the Kern County Academic Decathalon, ergy research laboratory, a human anatomy record the history of local African Americans. the Boy Scouts of American Southern Sierra

VerDate Nov 24 2008 04:24 Feb 27, 2009 Jkt 079060 PO 00000 Frm 00016 Fmt 0626 Sfmt 9920 E:\CR\FM\K26FE8.009 E26FEPT1 jbell on PROD1PC69 with REMARKS February 26, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E479

Council, the Bakersfield Symphony Orchestra menced her tenure as a music educator in the Requesting Member: Congressman DON Board, and the Community Concerts Associa- New York City public school system in 1958. YOUNG tion, to name a few. Bernie’s victories for Kern She educated thousands of youth at Girls Bill Number: H.R. 1105 County made funding available for new admin- High School, Tilden High School, P.S. 21 and Account: Dept of Health and Human Serv- istration buildings including many fire stations Lefferts Junior High School. ices, Health Resources and Services Adminis- and the Juvenile Justice Center. In 1987, Louvinia founded the Great Day tration, Health Facilities and Services As Bernie retires from the position of Kern Chorale, a 50-member a capella singing en- Legal Name of Requesting Entity: AK Addic- County Counsel, his selfless contributions to semble. Under Louvinia’s leadership the four- tions Rehabilitation Services, Inc./Nugen’s Kern County will not be forgotten. However, I part ensemble performed nationally and inter- Ranch know he is looking forward to spending more nationally in New Orleans and Barbados. Address of Requesting Entity: P.O. Box time with his wife, Bee, their two children, Ber- Louvinia is survived by daughter Olive 871545, Wasilla, AK 99687 nie Jr., an attorney in Los Angeles, and Brigit, Pointer Harney, son, Rev. William D. Pointer Description of Request: I have secured a psychologist in Asheville, North Carolina, Jr., Associate Pastor of Christian Cultural Cen- $490,000 for Addictions Rehabilitation Serv- and his three grandchildren. I wish him well in ter Brooklyn, N.Y., daughter-in-laws Elder Lillie ices, Inc./Nugen’s Ranch. The funds will be retirement. Pointer of Long Island, NY and Chinita Pointer used for the construction of a new residential substance abuse treatment facility. This will f of Orange, N.J., fourteen grandchildren, seven great grandchildren, nieces, nephews and allow the recipient to increase the number of A TRIBUTE IN REMEMBRANCE OF cousins. individuals treated which will decrease the LOUVINIA G. POINTER number of people being sent out of state for f treatment. It is my understanding that the HON. EDOLPHUS TOWNS EARMARK DECLARATION funds will be spent for engineering and archi- OF NEW YORK tecture fees, site preparation and actual con- IN THE HOUSE OF REPRESENTATIVES HON. DON YOUNG struction of the facility. Other funds being used for this project are coming from the Denali Thursday, February 26, 2009 OF ALASKA IN THE HOUSE OF REPRESENTATIVES Commission, Foundation Grants, AK Mental Mr. TOWNS. Madam Speaker, I rise today Health Trust Authority, the State of AK, and in remembrance of Louvinia G. Pointer. Ms. Thursday, February 26, 2009 funds from the organization itself. I certify that Pointer, a 92-year-old Brooklyn resident, was Mr. YOUNG of Alaska. Madam Speaker, neither I nor my spouse has any financial in- a musicologist and celebrated arts educator. pursuant to the Republican Leadership stand- terest in this project. Born in Holly Hill, South Carolina in 1926, ards on earmarks, I am submitting the fol- Requesting Member: Congressman DON Mrs. Pointer and her family migrated to Har- lowing information regarding constituent YOUNG lem in 1926 in search of progressive opportu- projects of interest I received as part of the FY Bill Number: H.R. 1105 nities for African Americans in the North. 2009 Omnibus. Account: Dept of Health and Human Serv- Trained as a pianist from a young age, or- Requesting Member: Congressman DON ices, Health Resources and Services Adminis- ganist and lyric soprano, Louvinia White was YOUNG tration, Health Facilities and Services prompted by friends to audition for Apollo The- Bill Number: H.R. 1105 Legal Name of Requesting Entity: Provi- ater’s Amateur Night competition at age 18. Account: Dept of Education, Elementary and dence Health System With a recommendation from Countee Cullen, Secondary Education Address of Requesting Entity: 3200 Provi- Louvinia was accepted to New York University Legal Name of Requesting Entity: Galena dence Drive, Anchorage, AK 99508 (NYU) in 1935, where she studied music edu- City School District Description of Request: I have secured cation and later enrolled in the Music Masters Address of Requesting Entity: P.O. Box 299, $951,000 for Providence Health Services in program. Galena, AK 99741 Anchorage, AK. These funds will be used for In 1939, a member of Louvinia’s church in- Description of Request: I have secured the Alaska Family Medicine Residency Pro- formed her that renowned British playwright $485,000 for the Galena School District. Fund- gram which recruits and trains doctors to ad- Noel Coward sought three African American ing will be used for Galena’s boarding school dress the critical physician recruitment and re- women to open his new production scheduled operations and provide a safe and education- tention problem in Alaska. It is my under- to open on Broadway. Louvinia and two sing- ally enriching environment for 120 students, standing that the funds will be used to pay for ing partners auditioned for Coward singing many of whom are Native Alaskans from out- faculty salaries ($835,000) and resident re- ‘‘Lift Thine Eyes’’ from Felix Mendelssohn’s lying villages where, in some cases, they may cruitment ($116,000) and that Providence Elijah. Returning home from classes at NYU be exposed to a physically and emotionally Health Services will provide supplemental one evening she found a telegram in her mail- challenging village environment. Due to a funds to this program. I certify that neither I box from Mr. Coward asking her to report to 2001 Department of Education formula nor my spouse has any financial interest in the theater, When she arrived, Coward ap- change, Galena loses $1 million annually in this project. proached her with hands outstretched and Federal Impact Aid Funding. It is my under- Requesting Member: Congressman DON thanked her for coming, exclaiming that he standing that these funds will be used along YOUNG Bill Number: H.R. 1105 needed her voice in his show, Set to Music, with state funding to provide educational serv- Account: Department of Education, School starring Beatrice Lillie. Soon thereafter, Cow- ices and operate the boarding school. I certify Improvement ard composed an obbligato for Louvinia to that neither I nor my spouse has any financial Legal Name of Requesting Entity: Depart- open the production. interest in this project. ment of Education In 1943, Louvinia became a choral director Requesting Member: Congressman DON Address of Requesting Entity: 400 Maryland in the National Youth Administration (NYA) YOUNG Avenue, SW, Washington, DC 20202 Radio Workshop, a unit of President Roo- Bill Number: H.R. 1105 Description of Request: I have secured sevelt’s Works Progress Administration. Account: Dept of Education, Elementary and $33,315,000 for the AK Native Education Eq- Louvinia directed one of the two NYA Radio Secondary Education uity Program. It is my understanding that Choirs, which performed weekly concerts on Legal Name of Requesting Entity: Literacy these funds will be used to meet the unique WNYC–FM until the conclusion of the program Council of Alaska, Fairbanks education needs and to support supplemental in 1943. Through the success of her choir, Address of Requesting Entity: 517 Gaffney education programs to benefit Alaska Natives. Louvinia married World War II veteran William Road, Fairbanks, AK 99701 I certify that neither I nor my spouse has any Davis Pointer Sr. (1918–2001) and the two Description of Request: I have secured financial interest in this project. birthed three children, Olive Elise Pointer $81,000 for the Literacy Council of Alaska, Requesting Member: Congressman DON (1950), William Davis Pointer Jr. (1952), and Fairbanks. The funding will be used for a YOUNG internationally acclaimed, Grammy nominated school-age tutoring program focusing on read- Bill Number: H.R. 1105 jazz violinist and political activist Noel ing, writing and math. It is my understanding Account: Dept of Education, Elementary and Whitaker Pointer (1954–1994). that the funds will be used for salaries, sup- Secondary Education Louvinia’s final Broadway role was in the plies and tutor trainings. There is an in-kind Legal Name of Requesting Entity: Alaska 1951 revival of Marc Connely’s 1936 film clas- volunteer tutor contribution of $30,600 annu- PTA sic The Green Pastures, a musical setting of ally. I certify that neither I nor my spouse has Address of Requesting Entity: P.O. Box the Biblical ‘‘Creation’’. Louvinia then com- any financial interest in this project. 210496, Anchorage, AK 99503

VerDate Nov 24 2008 04:24 Feb 27, 2009 Jkt 079060 PO 00000 Frm 00017 Fmt 0626 Sfmt 9920 E:\CR\FM\K26FE8.010 E26FEPT1 jbell on PROD1PC69 with REMARKS E480 CONGRESSIONAL RECORD — Extensions of Remarks February 26, 2009 Description of Request: I have secured is sorely lacking. This project fulfills the man- Description of Request: I have secured $238,000 for the Alaska PTA. These funds will dates of the Marine Mammal Protection Act $400,000 to be used for sexual assault/do- be used to train parents in their roles and re- and the Endangered Species Act. It is my un- mestic violence education, victim assistance sponsibilities under the No Child Left Behind derstanding that the funds will be used for tag- and prosecution. This project will support vic- Act. It is my understanding that the funds will ging devices and equipment and to support tims of violent crimes. It is my understanding be used in conjunction with Alaska PTA funds tagging expeditions to place the tracking de- that funding will be split between programs on totaling $160,000. I certify that neither I nor vices on the Cook Inlet Beluga Whale. Funds Sexual Assault/Domestic Violence Education, my spouse has any financial interest in this will also be used for data collecting and ana- programs to provide Victim Assistance and project. lyzing. prosecution of those who commit the violence. Requesting Member: Congressman DON Requesting Member: Congressman DON Requesting Member: Congressman DON YOUNG YOUNG YOUNG Bill Number: H.R. 1105 Bill Number: H.R. 1105 Bill Number: H.R. 1105 Account: Dept of Health and Human Serv- Account: Department of Justice, OJP— Account: USDA, NRCS ices, Health Resources and Services Adminis- Byrne Discretionary Grants Legal Name of Requesting Entity: Alaska tration, Health Facilities and Services Legal Name of Requesting Entity: Northwest Association of Conservation Districts Legal Name of Requesting Entity: Yukon- Arctic Borough Address of Requesting Entity: 1700 E. Kuskokwim Health Corporation Address of Requesting Entity: P.O. Box Bogard Road, Suite 203A, Wasilla, AK, 99654 Address of Requesting Entity: P.O. Box 528, 1110, Kotzebue, AK 99752 Description of Request: I have secured Bethel, AK 99559 Description of Request: I have secured $864,000 to support the work of 12 Soil and Description of Request: I have secured $500,000 for the Northwest Arctic Borough’s Water Conservation Districts in Alaska. Spe- $1,475,000 for the Yukon-Kuskokwim Health Public Safety Planning and Village Public cifically, this program would allow the Alaska Corporation. These funds will be used for cap- Safety Officer Hiring and Training. This project Association of Conservation Districts to man- ital equipment upgrades that will improve pro- provides for the creation of a comprehensive age statewide natural resource concerns such ductivity, improve health care delivery and re- planning process for law enforcement in the as invasive plants, water quality and soil ero- duce the number of patients that are now re- Borough and to implement immediate im- sion due to global climate change. Assuming quired to be transferred out of the region. It is provements to the Village Public Safety Officer percentages remain the same, funding would my understanding that no additional funds will program by recruiting and training new offi- include 53.5% for salaries and personnel, be used for this project. I certify that neither I cers. This will help to bring up the level of law 9.3% for fringe funding, 6.7% for travel fund- nor my spouse has any financial interest in enforcement and public safety in the Borough, ing, 4.3% for equipment, 4% for supply fund- this project. which is currently completely inadequate and ing, and 16.7% for contractual funding. The Requesting Member: Congressman DON provide Borough citizens with the same pro- matching funds for this project, which will be YOUNG tections afforded those Americans throughout augmented from local and private contributors, Bill Number: H.R. 1105 the country. The State of Alaska provides con- are unknown at this time. Additionally, this Account: Department of Commerce, tract funds for the Village Public Safety Officer project will be enhanced by projects that are NOAA—Operations, Research and Facilities program. It is my understanding that $250,000 funded by USDA, State and Private Forestry, Legal Name of Requesting Entity: Gulf of will be used for public safety planning process U.S. Fish and Wildlife Service and other fed- Alaska Coastal Communities Coalition and $250,000 for Village Public Safety Officer eral agencies. A funding request to the State Address of Requesting Entity: PO Box Hiring and Training. of Alaska is pending. Requesting Member: Congressman DON 201236, Anchorage, AK 99520 Requesting Member: Congressman DON YOUNG Description of Request: I have secured YOUNG $150,000 for the Gulf of Alaska Coastal Com- Bill Number: H.R. 1105 Account: Department of Commerce, Bill Number: H.R. 1105 munities Coalition (GOAC3) which is an incor- NOAA—Operations, Research and Facilities Account: EPA, STAG Water and Waste- porated 501(c)6 non-profit membership driven Legal Name of Requesting Entity: The Alas- water Infrastructure organization primarily serving as an advocate ka Sea Otter and Steller Sea Lion Commis- Legal Name of Requesting Entity: City of for small boat community based fisheries in sion Craig the protection and creation of fair and sustain- Address of Requesting Entity: 6239 B Address of Requesting Entity: P.O. Box 725, able fisheries related economic opportunities. Street, Suite 204, Anchorage, AK 99518 Craig, AK 99921 The GOAC3 has representation from over 45 Description of Request: I have secured Description of Request: I have secured fisheries communities in the Gulf of Alaska. $300,000 for a Steller Sea Lion Comanage- $250,000 for Water and Wastewater Infra- The GOAC3 allows these communities to par- ment, Biosampling and Outreach/Education structure Projects in the City of Craig. The City ticipate and be effective in North Pacific Fish- program. This project will feature two ap- has previously received funds form the State ery Management Council meetings, allowing proaches to bio-sampling. The first will be to of Alaska’s Village Safe Water Program, but them to help mitigate negative impacts and in- work with two high harvest communities to because of delays in funding distribution and crease opportunities to create economically fund local monitors (residents that help facili- escalating project costs the funding received viable and sustainable marine related commu- tate sea lion bio-sampling and monitor and has not been able to fulfill the requirements for nities. It is my understanding that these funds document the local environment). The second the approved projects. All funds appropriated will be spent as on Personnel: $45,000, Trav- approach will consist of training approximately will be used for the construction or replace- el: $22,000, Supplies: $12,000 and Support 25 coastal Alaskans on proper sample collec- ment of waterlines, wastewater lines, lift sta- Contracts: $62,000. tion and technique and protocols from those tions, and other utilities. The total project will Requesting Member: Congressman DON sea lions harvested for subsistence. This will cost $1.2 million. However, the grantee has YOUNG help fulfill the mandates created by the Marine received $973,000 from the State of Alaska’s Bill Number: H.R. 1105 Mammal Protection Act and help promote re- Village Safe Water Program. The $250,000 in- Account: Department of Commerce, sponsible and sustainable subsistence har- cluded in this appropriation will complete the NOAA—Operations, Research and Facilities vesting. It is my understanding that the money project. Additionally, the City has provided ad- Legal Name of Requesting Entity: Cook Inlet will be spent on: Personnel: $130,000, Travel: ditional in-kind contributions in the form of Beluga Whale Research/Kenai Peninsula Bor- $64,000, Supplies: $15,000, Community Moni- labor and equipment. ough toring Contracts: $50,000, Biosamplers: Requesting Member: Congressman DON Address of Requesting Entity: 144 N. $10,000 and Administrative Support: $31,000. YOUNG Binkley St., Soldotna, AK 99669 Requesting Member: Congressman DON Bill Number: H.R. 1105 Description of Request: I have secured YOUNG Account: Federal Transit Administration, Bus $700,000 for the Kenai Peninsula Borough. Bill Number: H.R. 1105 and Bus Facilities This project will study the population of the Account: Department of Justice, Office on Legal Name of Requesting Entity: Fairbanks Cook Inlet Beluga Whale so that it is fully un- Violence Against Women North Star Borough derstood and counted. The listing of the Cook Legal Name of Requesting Entity: State of Address of Requesting Entity: 809 Pioneer Inlet Beluga Whale on the Endangered Spe- Alaska / Victims for Justice Road, Fairbanks, AK 99707–1267 cies List affects over 70% of Alaska’s popu- Address of Requesting Entity: 1057 Description of Request: Provide an earmark lation and knowledge of the Cook Inlet Beluga Fireweed Lane, Suite 101, Anchorage, AK of $798,000 for bus acquisition to add a route Whale’s population size and migration habits 99503 from Eielson AFB to Ft. Wainwright. The local

VerDate Nov 24 2008 04:24 Feb 27, 2009 Jkt 079060 PO 00000 Frm 00018 Fmt 0626 Sfmt 9920 E:\CR\FM\K26FE8.012 E26FEPT1 jbell on PROD1PC69 with REMARKS February 26, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E481 share of the project will be provided by the Address of Requesting Entity: 2000 Anchor- PERSONAL EXPLANATION Borough. age Port Rd, Anchorage, AK 99501 Requesting Member: Congressman DON Description of Request: Provide an earmark HON. JOHN B. LARSON YOUNG of $16 million will be used for transitional OF CONNECTICUT Bill Number: H.R. 1105 dredging for the Port of Anchorage Expansion IN THE HOUSE OF REPRESENTATIVES Account: FHWA, Federal Lands Highways Project. Legal Name of Requesting Entity: Fairbanks Thursday, February 26, 2009 Requesting Member: Congressman DON North Star Borough Mr. LARSON of Connecticut. Madam YOUNG Address of Requesting Entity: 809 Pioneer Speaker, on February 25, 2009, I missed two Road, Fairbanks, AK 99707–1267 Bill Number: H.R. 1105 votes regarding H. Res. 184, a resolution set- Description of Request: Provide an earmark Account: EERE, Biomass and Biorefinery ting forth the rule for consideration of H.R. of $950,000 for rural and road service area Systems R&D 1105 to consider making omnibus appropria- transportation upgrades. Funds will be used to Legal Name of Requesting Entity: Munici- tions for the fiscal year ending September 30, upgrade roads to federal lands, military instal- pality of Anchorage 2009. Had I been present, I would have voted lations, university research farms, and evacu- Address of Requesting Entity: P.O. Box ‘‘yes’’ for both H. Res. 184, Ordering the pre- ation. Funds will be matched 50 percent by 19660, Anchorage, AK 99519 vious question (Roll call vote 84), and H. Res. the Borough. 184, On Agreeing to the Resolution (Roll call Description of Request: Provide an earmark Requesting Member: Congressman DON vote 85). of $713,625 to be used for converting meth- YOUNG f Bill Number: H.R. 1105 ane gas to electrical power generation. Munici- Account: Federal Transit Administration, Bus pality will match all federal funds. A COMMEMORATION OF HOUSE and Bus Facilities Requesting Member: Congressman DON SPEAKER TERRANCE CARROLL Legal Name of Requesting Entity: Mat Su YOUNG AND SENATE PRESIDENT PETER Community Transit Bill Number: H.R. 1105 GROFF Address of Requesting Entity: P.O. Box 8971590, Wasilla, AK 99687 Account: EERE, Geothermal Technology HON. DIANA DeGETTE Description of Request: Funding will be Legal Name of Requesting Entity: City of OF COLORADO used for bus facility and property enhance- Unalaska IN THE HOUSE OF REPRESENTATIVES ments, 20 percent local match will be provided Address of Requesting Entity: 43 Ravens by Mat-Su Borough. Way, Unalaska, AK 99685 Thursday, February 26, 2009 Requesting Member: Congressman DON Description of Request: Provide an earmark Ms. DEGETTE. Madam Speaker, I rise to YOUNG of $951,500 for the development of a potential honor two distinguished gentlemen and mark Bill Number: H.R. 1105 geothermal well in Unalaska. This could be a a historic occasion for the State of Colorado Account: Army Corps of Engineers, Inves- crucial source of energy for people on the and our legislature. For the first time in United tigations Aleutian Chain. States history, two African-Americans will hold Legal Name of Requesting Entity: Army the top leadership position in both chambers Corps of Engineers, Requesting Member: Congressman DON YOUNG of a State legislature. Address of Requesting Entity: Elmendorf Air The election of Colorado State Representa- Force Base, AK Bill Number: H.R. 1105 tive Terrance Carroll as Speaker of the Colo- Description of Request: Provide an earmark Account: Corps of Engineers, Operations rado House of Representatives and Colorado of $263,000 for Alaska District to continue the and Maintenance State Senator Peter Groff as President of the feasibility study of the Alaska Regional Ports Legal Name of Requesting Entity: Corps of Colorado Senate puts our State’s past injus- and Harbors Comprehensive Plan. Engineers tices into perspective. It opens our eyes once ON Requesting Member: Congressman D again to a time only eighty years ago when a YOUNG Address of Requesting Entity: Elmendorf majority of the State House members were as- Bill Number: H.R. 1105 AFB, AK sociated with the Ku Klux Klan members. It re- Account: Army Corps of Engineers, General Description of Request: Provide an earmark minds us when the 1924 election ushered in Construction for $740,000 for City of Dillingham in support Legal Name of Requesting Entity: Army of President’s Budget for dredging Dillingham numerous KKK-endorsed candidates, including Corps of Engineers, Harbor. the Governor of Colorado, Clarence Morley. Address of Requesting Entity: Elmendorf Air These were the days when legislation was in- Requesting Member: Congressman DON troduced without shame by people who sought Force Base, AK YOUNG Description of Request: Provide an earmark to use the law to restrict the rights of African Bill Number: H.R. 1105 of $3,328,000 to be used for Alaska coastal Americans and to remove them from boards erosion. Native Villages on the coast of Alaska Account: Corps of Engineers, Operations and commissions. The struggle for harmony are eroding and this funding will help the and Maintenance and freedom from inequity continues for all of Corps address the most pressing needs. Legal Name of Requesting Entity: Corps of us, but today Colorado makes progress to- Requesting Member: Congressman DON Engineers ward that end. The story of House Speaker Terrance Car- YOUNG Address of Requesting Entity: Elmendorf roll began several blocks away from this Bill Number: H.R. 1105 AFB, AK Account: Army Corps of Engineers, General chamber, where Carroll grew up in the Ana- Description of Request: Provide an earmark Construction costia neighborhood of Washington, D.C. He for $575,000 for City of Homer in support of Legal Name of Requesting Entity: City and was the only child of a single mother who was President’s budget for dredging Homer Har- Borough of Sitka the daughter of a sharecropper. He attended Address of Requesting Entity: 100 Lincoln bor. Morehouse College in Atlanta. He eventually St., Sitka, AK 99835 Requesting Member: Congressman DON earned a master’s degree from the University Description of Request: Provide $478,000 YOUNG of Colorado and a law degree from the Univer- for upgrades to the harbor breakwater due to Bill Number: H.R. 1105 sity of Denver, and he graduated from semi- design deficiency. Upgrades are needed to Account: Corps of Engineers, Operations nary to become an ordained minister. During protect fishing boats within harbor of Sitka and Maintenance his career, he has served as a police officer Channel. Local match will be met by the state and a practicing lawyer. In his seven years in Legal Name of Requesting Entity: City of or borough. the Colorado state legislature, Speaker Carroll Nome Requesting Member: Congressman DON has championed issues ranging from edu- YOUNG Address of Requesting Entity: P.O. Box 281, cational reform, housing, homeland security, Bill Number: H.R. 1105 Nome, AK 99762 and civil and criminal justice issues. Account: Army Corps of Engineers, Oper- Description of Request: Provide an earmark Senate President Peter Groff, the son of ations and Maintenance for $724,000 for City of Nome in support of former Colorado lawmaker Regis Groff, is a Legal Name of Requesting Entity: Port of President’s budget for dredging the Nome graduate of Denver’s East High School. He Anchorage Port. started his political career working for former

VerDate Nov 24 2008 04:24 Feb 27, 2009 Jkt 079060 PO 00000 Frm 00019 Fmt 0626 Sfmt 9920 E:\CR\FM\K26FE8.012 E26FEPT1 jbell on PROD1PC69 with REMARKS E482 CONGRESSIONAL RECORD — Extensions of Remarks February 26, 2009 Governor Roy Romer and former City of Den- Burke, VA and recipient of the In Hope Free- came before and with which many of us are ver Mayor Wellington Webb. He helped found dom Rings Foundation Scholarship. Mary sets intimately familiar: hard work, faith, and under- the Center for New Politics and Policy at the a strong example as a leader among her standing in the face of economic insecurity, University of Denver. He has served as the peers, and is committed to making the most of international conflict and personal differences. center’s executive director since its founding, her gifts and passions. No one understands this legacy better than in addition to working as an attorney in private Mary exhibits a maturity beyond her years. African Americans, and it is with that in mind practice, college lecturer, and satellite radio Her father passed away when she was eight that we come together again this February to talk show host. Peter Groff was first elected to years old, forcing her family to relocate. Later, celebrate Black History Month. the House in 2000 and later was appointed as her older siblings left home, she assumed The theme of Black History Month this year and reelected to the Colorado Senate. He is responsibility for her younger sister. She has is ‘‘The Quest for Black Citizenship in the the highest-ranking African-American elected learned the flexibility and presence of mind Americas.’’ It is a theme we in West Virginia official in Colorado history and has been needed to excel under demanding cir- understand to our core. Making our homes in called the ‘‘Conscience of the Senate.’’ cumstances, coupled with a natural compas- a state born out of the Civil War, we are inti- In a year when America inaugurated its first sion and intellectual curiosity. mately familiar with the struggle for equality. African-American President, the ascension of Mary has distinguished herself as a leader It is no surprise that we’ve seen significant Speaker Carroll and President Groff is also a in the school community, in large part through moments in history celebrated right here in our significant tribute to the innumerable individ- her commitment to public service. She is the hills and hollows. Carter G. Woodson, the ‘‘fa- uals who have come before us who strived past Secretary and Vice-President of the Lake ther of Black History’’ hailed from Huntington, and sacrificed for civil rights, equal oppor- Braddock Key Club and a member of Key a son of slaves who worked in the coal mines tunity, and equality for all. It gives me great Club International. She serves in the Key Club to earn money for an education at West Vir- pleasure as the Senior Member of the Colo- as the Capital District’s Lieutenant Governor, ginia State College and then Howard Univer- rado Congressional Delegation to congratulate working on a board of trustees from all over sity in Washington, DC. these two men and recognize their accom- the Washington Metro Area and Delaware. Booker T. Washington, perhaps our most fa- plishments, not only in the context of Colo- Her responsibilities include overseeing 15 high mous African American, walked from Virginia rado’s history, but the nation’s as a whole. schools in the Capital District and acting as li- to Kanawha County, ‘free at last,’ to have a f aison between them. better life for his family. He also worked hard In addition, Mary has organized and coordi- to obtain the education he felt in his heart was HONORING THE LIFE AND SERVICE nated various service projects with the Leu- OF MERVIN WILLIAMS his right to pursue, working in the coal mines kemia and Lymphoma Society, the American until he was 16. He walked 200 miles on foot Red Cross, Women’s Domestic Shelter, to study at the Hampton Institute in Virginia HON. THADDEUS G. McCOTTER United Nations Children’s Fund, and many and then came right back to West Virginia to OF MICHIGAN more. teach the children of Appalachia. IN THE HOUSE OF REPRESENTATIVES Mary’s strong orientation towards vol- Minnie Buckingham Harper of Keystone, the unteerism has helped make her a leader in Thursday, February 26, 2009 first African American woman to become a the student community. In 2005 she co-found- member of a legislative body in the United Mr. McCOTTER. Madam Speaker, I rise ed and is the current Vice-President of the States, broke ground for countless women in today to honor and acknowledge the life of Bruin ESOL Tutoring Association, a tutoring 1928 when she was appointed to fill the term Mervin Williams upon his passing on February program for middle school students with of her late husband. 7, 2009. English as their second language. In addition A highly decorated veteran of World War II, Leon Sullivan, born in Charleston, was she has been an officer of the National Honor brought up in a dirty alley in one of the city’s Mervin served in the 10th Mountain Division’s Society and the Student Government Associa- 85th regiment alongside Senator Robert Dole. most poverty-stricken sections, worked in a tion, and last year she attended Girls State at steel mill to pay his tuition at West Virginia For his selfless service to America, Mervin re- Longwood University and was elected to serve ceived a Bronze Star for his heroism and two State College, and rose from poverty to found as a state Delegate. the Opportunity Industrialization Center, a job- Purple Hearts. Balancing her work in the greater commu- After Mr. Williams’ return to the United training organization with branches around the nity with more artistic activities, Mary is a seri- world. States to recover from shrapnel wounds he re- ous musician, having played the violin for nine Helen Dobson was from Raleigh County, ceived defending our nation, he dedicated years. She has been a member of the Lake well-known throughout West Virginia for her himself to improving the lives of his fellow vet- Braddock Orchestra since 2003, and is also a beautiful voice, performed at the inauguration erans and our entire community. Mervin be- member of the Symphonic Orchestra and Tri- of two of West Virginia’s governors and served came engaged in many significant organiza- M music Honor Society. as public school teacher for many years. Her tions including Veterans of Foreign Wars, Dis- Mary intends to continue challenging herself spirit is still strong in southern West Virginia abled American Veterans, Eagles, the Moose on many levels. Following college, she hopes and it was with Ms. Dobson in mind that I Lodge, and The Knights of Columbus. to join the Peace Corps and ultimately to be- signed on as a cosponsor of a bill that des- Madam Speaker, Mervin Williams is remem- come a professor of history. ignates the African American spiritual as a na- bered as an American hero who loved and Madam Speaker, I ask that my colleagues tional treasure. This bill passed the House of served our country and community in war and join me in commending Mary Ta for her com- Representatives earlier this month. peace. Today, as we bid him farewell, I ask mitment to service and for the vital role she my colleagues to join me in mourning his continues to play in her student community. Countless men and women have worked long hours for less pay to provide for a better passing and honoring his life. In league with f his comrades who wore America’s colors, future for their children. They have fought, and Mervin Williams was a good man who did IN HONOR OF BLACK HISTORY continue to fight, for our liberties in the armed great things for the cause of human freedom. MONTH forces. Through their compassion and quiet We are all diminished by his loss; and inspired strength, these men and women are role mod- by his life. HON. NICK J. RAHALL, II els by which we all can live. f OF WEST VIRGINIA With change and the spirit of unity sweeping the Nation, we have come together again to IN THE HOUSE OF REPRESENTATIVES ACTION IN COMMUNITY THROUGH celebrate Black History month. I can think of SERVICE Thursday, February 26, 2009 no more fitting honorees this month than the Mr. RAHALL. Madam Speaker, in his Inau- African American men and women of West HON. GERALD E. CONNOLLY gural Address, President John F. Kennedy Virginia who have done so much to serve our OF VIRGINIA asked the people to ask not what their country Nation. IN THE HOUSE OF REPRESENTATIVES could do for them but what they could do for Today, southern West Virginians remain their country. deeply indebted to our African American edu- Thursday, February 26, 2009 Last month, as I again stood witness to his- cators who work hard to make sure the chil- Mr. CONNOLLY of Virginia. Madam Speak- tory, President Barack Obama spoke a similar dren of the Mountain State are ready to take er, I rise today to recognize Mary Ta, a stu- message, asking the people he had been part in an ever more challenging and modern dent at Lake Braddock Secondary School in elected to serve to remember the legacy that economy. Folks like Bluefield State President

VerDate Nov 24 2008 04:24 Feb 27, 2009 Jkt 079060 PO 00000 Frm 00020 Fmt 0626 Sfmt 9920 E:\CR\FM\K26FE8.014 E26FEPT1 jbell on PROD1PC69 with REMARKS February 26, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E483 Albert Walker; Maurice Cooley, Director of Af- Connecticut. He stayed in the high school Lampkin Smith on the occasion of her retire- rican American Programs at Marshall Univer- ranks for a brief period until 1972, when he ment from the United States District Court, sity; Dr. Shari Williams-Clarke, Vice President assumed the role of head coach at North- Southern District of Florida’s Probation Office for Marshall University Multicultural Affairs; Lo- eastern University in Boston, Massachusetts. after 32 years of service and dedication. Mrs. retta Young, Vice President for Development Calhoun’s squad came to dominate the East- Lampkin Smith will retire from the position of at Concord University; and Roslyn Clark-Artis, ern College Athletic Conference, leading those Supervising United States Probation Officer in Executive Vice President at Mountain State Huskies to a 248–137 record in 14 seasons the State of Florida, and can look back on a University, are an inspiration to us all. that included 5 league tournament champion- proud career of service and distinction in com- Too often, the history of black Americans is ships and 4 outright regular season champion- munity leadership. not fully taught or remembered. With the in- ships. A native Floridian, Mrs. Lampkin Smith domitable spirit of Dr. Carter G. Woodson and In May of 1986, Coach Calhoun assumed graduated from Middleton High School in new leaders such as President Barack the role of head basketball coach at the Uni- Tampa, and in order to further her education, Obama, African Americans in southern West versity of Connecticut. Since that time, UConn she attended Florida Agricultural & Mechanical Virginia and across the country are making has become the Big East Conference’s pre- University and received a Bachelor of Science great progress. Let us take this Black History mier basketball program. Just two years later, degree. On April 25, 1977, Mrs. Lampkin Month to celebrate the African American con- Coach Calhoun won his first national title Smith was appointed the first African-Amer- tributions to the greatness of West Virginia when UConn defeated Ohio State in the 1988 ican female probation officer by Chief United and to commend those carrying on this proud National Invitational Tournament with Phil States District Judge C. Clyde Atkins. Ulti- Gamble and future NBA all star Clifford Robin- tradition of service today. mately, Mrs. Lampkin Smith became the first son leading the way. person of color to be promoted to the position f During his 22+ seasons at the University of of Supervising United States Probation Office HONORING MR. ERNIE CHAMBERS Connecticut, Coach Calhoun has led the Huskies to ten Big East regular season titles, in the State of Florida. She was not joined by six Big East tournament titles, an NIT title and any other African-American officer until 1983. HON. LEE TERRY 2 NCAA titles in 1999 and 2004. During his Mrs. Lampkin Smith had a distinguished 32 OF NEBRASKA tenure, Calhoun has coached more than two year career working for the Southern District IN THE HOUSE OF REPRESENTATIVES dozen players who have moved onto the NBA, of Florida Probation Office. The United States Probation Office in the Southern District of Thursday, February 26, 2009 including perennial stars such as Ray Allen, Richard Hamilton and Emeka Okafor. Florida is one of 94 federal judicial districts na- Mr. TERRY. Madam Speaker, I rise today in Coach Calhoun has received countless tionwide. U.S. Probation officers play an inte- order to honor a great constituent in my dis- awards and has been consistently recognized gral role in the administration of justice by pro- trict, Mr. Ernie Chambers. for his remarkable career. In 2005, Coach Cal- tecting our communities by monitoring offend- Ernie Chambers is a former Nebraska State houn’s career came full circle as he returned ers and enforcing Court Orders, as well as Senator and current member of the Omaha to Springfield, Massachusetts, where he start- promoting positive individual change by ad- Learning Community. ed his basketball career. There, Coach Cal- dressing offenders’ needs through effective As a member of the Nebraska legislature, houn joined the ranks of basketball’s greats use of community resources. he served longer than any other member had when he was enshrined in the Dr. James In an effort to compliment her professional and up until this year, he was the Legislature’s Naismith Basketball Hall of Fame. Coach Cal- achievements, Mrs. Lampkin Smith is involved lone African-American member. As a State houn is also a member of the American Inter- with various organizations such as a charter Senator, he was a voice for the residents of national College and Northeastern University member and former president of the Dade north Omaha and he always asked the tough Hall of Fame and has been awarded the John County Chapter of The Links, Incorporated; questions. While some of his colleagues might Wooden ‘‘Legends of Coaching Award’’ for his life member and Regional Foundational Mem- have disagreed with him from time to time, he lifetime of service. ber at Large for Jack & Jill of America, Foun- earned their respect and demonstrated a great Coach Calhoun’s positive contributions to dation, Washington, DC; member of Alpha passion in his work. Connecticut are not limited to the basketball Kappa Alpha Sorority, Incorporated; and life Mr. Chambers is a graduate of Omaha Cen- court. He has contributed huge sums of per- member of the Black United States Probation tral High School and Creighton University sonal wealth to hospitals, charities and civic and Pretrial Services Association and NAACP. School of Law. It is my pleasure to recognize causes—often times with little fanfare. He is a This public servant is married to Herbert B. State Senator Ernie Chambers and thank him strong voice for ‘‘Coaches Against Cancer’’, Smith and has one daughter, Courtney Smith. for his years of service to the great city of advocating for a stronger national effort to In retirement, Mrs. Lampkin Smith plans to Omaha. cure cancer and raising private funds for re- continue to develop her new career as an f search and treatment. event planner, travel the world and play golf The most impressive contribution I believe with her husband. TRIBUTE TO COACH JIM CALHOUN was his willingness to publicly share his per- Mrs. Lampkin Smith is an outstanding Amer- sonal battle against three bouts of cancer— ican worthy of our collective honor and appre- HON. JOE COURTNEY educating and inspiring patients and families ciation. It is with deep respect and admiration OF CONNECTICUT all across America to fight this illness and con- that I commend Mrs. Jeris Lampkin for her 32 IN THE HOUSE OF REPRESENTATIVES tinue with their regular lives. years of service to the South Florida area, and For more than two decades, Coach Cal- wish her and her family the very best in retire- Thursday, February 26, 2009 houn’s coaching prowess has been well ment. Mr. COURTNEY. Madam Speaker, I rise known to the people of eastern Connecticut. f today to honor the most recent achievement of For those of us who have the honor of calling one of college basketball’s premier coaches. him our friend, and for the scores of Husky THE STUDENT PROTECTION ACT On February 25, 2009, the University of Con- hoops fans across the state and the country, necticut’s Men’s Basketball program cele- we congratulate Coach Jim Calhoun on this HON. ADAM H. PUTNAM historic achievement and wish him well as he brated a 93–82 win over Marquette University. OF FLORIDA continues his leadership of our beloved Not just a typical victory in another impressive IN THE HOUSE OF REPRESENTATIVES season for the Huskies, this victory was also Huskies. the 800th in the career of Coach Jim Calhoun. f Thursday, February 26, 2009 Coach Calhoun is just the seventh coach in TRIBUTE TO MRS. JERIS LAMPKIN Mr. PUTNAM. Madam Speaker, on January men’s college basketball to reach this historic SMITH 28, 2009, I reintroduced the Student Protec- milestone, joining legends such as Bobby tion Act, a measure aimed at protecting our Knight, Dean Smith and Adolph Rupp. Nation’s classrooms from repeat sexual preda- Coach Calhoun’s’ career as a basketball HON. KENDRICK B. MEEK tors within our school systems. OF FLORIDA coach began in 1966 when he served as an The Student Protection Act requires uniform IN THE HOUSE OF REPRESENTATIVES assistant at his alma mater, American Inter- reporting requirements for eligible school sys- national College in Springfield, MA. Calhoun Thursday, February 26, 2009 tem employees accused of sexual misconduct stayed at AIC until 1968 when he became a Mr. MEEK of Florida. Madam Speaker, against a student, consistent with established high school basketball coach in Old Lyme, today I rise to pay tribute to Mrs. Jeris guidelines for reporting child abuse; it requires

VerDate Nov 24 2008 04:24 Feb 27, 2009 Jkt 079060 PO 00000 Frm 00021 Fmt 0626 Sfmt 9920 E:\CR\FM\A26FE8.026 E26FEPT1 jbell on PROD1PC69 with REMARKS E484 CONGRESSIONAL RECORD — Extensions of Remarks February 26, 2009 a central body in each state to be responsible At a time when extremism is sweeping he is a coordinator charged with gathering for receiving and investigating allegations of through much of the globe, more than ever, food and volunteers to feed the area’s home- sexual misconduct by school employees; and we need these dedicated individuals. less. it creates a nationwide database of school em- As the former chairman of the House Sub- His school counselor notes, ‘‘What im- ployees sanctioned by the state for sexual committee on Africa, I have had the oppor- presses me most about AJ is how grounded misconduct—thus enabling state, local, and tunity to meet with several Peace Corps Vol- he is. He pushes himself to achieve, yet is private school officials to ensure offenders re- unteers around the continent. The commitment also aware of his limitations. Since elementary main out of the classroom. these men and women have shown is ex- school he has been involved with a cultural or- Accounts of teacher sexual misconduct tremely impressive and is to be commended. ganization, the Chinmaya Mission. It is here have inundated headlines across our country. These Americans, approximately 7,800 of where AJ has developed a spiritual sense and In 2004, a study required by the No Child Left them, are serving their country in often ex- wisdom beyond his years.’’ Behind Act of 2001 reported that an estimated tremely difficult conditions. They live at the Madam Speaker, I ask that my colleagues 4.5 million children are subject to sexual mis- same level of the people they serve, and join me in commending AJ for setting such a conduct by a school employee sometime be- uniquely connect with them. Since its incep- strong example in his community. tween kindergarten and 12th grade—that’s tion, over 195,000 Volunteers have worked in f nearly 1 in 10 students that are targets of sex- over 139 countries. EARMARK DECLARATION ual misconduct during their school career. As In my district, I’m proud to say that I have far as I’m concerned, that’s one too many. thirteen Peace Corps Volunteers, stationed Further, a 2007 seven-month Associated around the world. Christina Balch in Lesotho, HON. GEOFF DAVIS Press investigation found a total of 2,570 edu- Joan Bash in Bulgaria, Joseph Flores in Mac- OF KENTUCKY cators across the nation were punished for edonia, Mamie Florin in Gambia, Wendy IN THE HOUSE OF REPRESENTATIVES sexual misconduct from 2001–2005, rep- Jones in Kenya, Olenka Langen in Nicaragua, Thursday, February 26, 2009 resenting about a quarter of all educator mis- Justin Lee in the Dominican Republic, Dulce Mr. DAVIS of Kentucky. Madam Speaker, conduct cases in that time period. Martinez in China, Lacey Monson in Thailand, More than a dozen states have considered pursuant to the House Republican standards Carmen Munoz in Guatemala, Joan Ngo in on earmarks, I am submitting the following in- legislation to strengthen laws for screening Paraguay, Stacey Ngo in the Dominican Re- formation for publication in the CONGRES- and reporting of sexual misconduct by edu- public, and Leala Ruangtragool in Honduras, cators last year—many of which became law. SIONAL RECORD regarding earmarks I secured are each to be commended for their service. as part of H.R. 1105, Omnibus Appropriations However, without adopting systematic policies Madam Speaker, I have seen the valuable and procedures at the national level all states Act, 2009. work the Peace Corps is doing in Africa, and Requesting Member: Congressman GEOFF remain vulnerable when hiring school employ- throughout the world. It deserves our recogni- ees from states with mediocre reporting proce- DAVIS tion and support. Bill Number: H.R. 1105 dures and lackluster ethical standards. Our f Account: Department of Justice—Byrne Dis- classrooms deserve much more than a piece- A TRIBUTE TO ABISHEK JAIN cretionary Grants meal effort that leaves our nation’s schools ex- Legal Name of Requesting Entity: Buffalo posed to predators moving from state to state. Trace/Gateway Narcotics Task Force Ernie Allen, President and CEO of the Na- HON. GERALD E. CONNOLLY Address of Requesting Entity: 908 Kenton tional Center for Missing and Exploited Chil- OF VIRGINIA Station Drive, Maysville, KY 41056 dren said, ‘‘This Act brings long-overdue rec- IN THE HOUSE OF REPRESENTATIVES Description of Request: Appropriate ognition to the problem of child sexual exploi- Thursday, February 26, 2009 $280,000 to continue the operations of the tation in the school system.’’ Buffalo Trace/Gateway Narcotics Task Force It is abundantly clear that the system we Mr. CONNOLLY of Virginia. Madam Speak- to collect, analyze and process information have in place has failed our students—repeat- er, I rise today to recognize Abishek Jain, a through an organized, coordinated investiga- edly. Before we read about another teacher student at Falls Church High School in Falls tion, with the assistance of local, State, and assaulting yet another student or another Church, VA and recipient of this year’s In federal agencies, to discourage and eliminate classroom shaken by another breach of trust, Hope Freedom Rings Foundation Scholarship. the use and sale of illegal narcotics. now—not later—let us give schools the tools AJ has earned a reputation as a mindful The Task Force will benefit law enforcement they need to keep repeat sexual offenders and mature leader in his community. He is in the investigation of all types of crimes re- from preying on students within the very insti- president of the Falls Church High School lated to drug trafficking and drug abuse which tutions that should be a safe-haven for our Science Club, which he founded in the 10th may include thefts, robberies and homicides. children. grade, and through which he founded, Local law enforcement does not have the We have a unique opportunity before us to planned, and operated the school’s first suc- funds to strengthen and investigate drug re- empower educators and parents nationwide cessful school recycling program. Today this lated crimes in some of our communities. and make it crystal clear we will not allow program is staffed by 30 volunteers and has The Task Force will impact the drug abuse those who would prey on young, vulnerable 200 collection locations. and drug related deaths in the ten county area minds to compromise the integrity of our He is a devoted scholar. His current overall in which it covers, as well as provide the of- school system and tarnish an honorable pro- grade point average is 3.86 and this semester fender’s with treatment and recovery. Local fession. I urge my colleagues to join me in he is enrolled in four Advanced Placement governments and law enforcement agencies supporting this legislation, ensuring the safety courses. He further contributes to the intellec- provide matching funds to support operations of our children. tual life of his school as President of the Na- of the task force. f tional Math Honor Society and Treasurer of Requesting Member: Congressman GEOFF PEACE CORPS WEEK the National Spanish Honor Society. In fur- DAVIS thering his studies as an undergraduate AJ Bill Number: H.R. 1105 HON. EDWARD R. ROYCE plans to pursue a degree in engineering. Account: Department of Justice—Byrne Dis- AJ’s studies are balanced by his athletic cretionary Grants OF CALIFORNIA and artistic endeavors. He is a member of the Legal Name of Requesting Entity: Oldham IN THE HOUSE OF REPRESENTATIVES Varsity Tennis and Indoor Track Teams and is County Sheriff’s Office Thursday, February 26, 2009 a former member of the Varsity Swim and Address of Requesting Entity: 100 W. Jef- Mr. ROYCE. Madam Speaker, I rise to com- Dive Team and Junior Varsity Golf Team. In ferson Street, La Grange, KY 40031 memorate National Peace Corps Week and addition, he has a genuine passion for the vio- Description of Request: Appropriate $90,000 the 48th anniversary of the Peace Corps. lin, which he has played for the past nine to acquire upgraded equipment to assist the While much has changed in the world since years. In this capacity he is a member and Sheriff’s Department in responding to a variety the Peace Corps was created in 1961, its former vice-president of the Chamber Orches- of law enforcement situations within the com- goals and ideals of promoting goodwill remain. tra. munity. Needed equipment includes: dual an- Volunteers continue to provide invaluable AJ still finds time to volunteer in the commu- tenna radar units, handheld radar units, Mobile services in over 70 countries, serving as edu- nity beyond his school. He has spent many Data Terminals, tazers, four wheel drive police cators, technology consultants, environmental hours over the past four years working at the vehicle, GPS positioning units, PD6500 secu- specialists, and business advisors. Bailey’s Crossroads’ Homeless Shelter where rity scanner, and other appropriate equipment

VerDate Nov 24 2008 04:24 Feb 27, 2009 Jkt 079060 PO 00000 Frm 00022 Fmt 0626 Sfmt 9920 E:\CR\FM\A26FE8.030 E26FEPT1 jbell on PROD1PC69 with REMARKS February 26, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E485 to assist the agency in responding to a variety Department. The topography of Owen County ricated almost entirely from coal combustion of law enforcement situations within the com- limits the effectiveness of cell phones and two- products. Portland cement is an energy inten- munity. The Oldham County Sheriff’s Office is way radios. However, experience has shown sive product that represents the third highest a twenty-four hour law enforcement agency that MDTs are responsive throughout the anthropologic source of CO2. A high perform- that provides immediate assistance to the resi- county. MDTs will allow the department to ance substitute for Portland cement, based on dents of Oldham County and surrounding connect to the Kentucky State Police LINK/ calcium sulfoaluminate (or CAS cement) can counties as requested. In addition, the Sher- NCIC terminal directly from the police vehicle. be made from fluidized bed combustion ash, iff’s office is responsible for courtroom secu- MDTs increase both officer and public safety synthetic gypsum and bauxite. rity, prisoner transport throughout Kentucky, by empowering law enforcement with critical These new materials are not only low en- protection of government employees, officials information prior to exiting their vehicle. MDTs ergy but also recycled and can play a major and government property. will let the officers know if a vehicle is stolen, role in sustainable, energy-efficient construc- Requesting Member: Congressman GEOFF the person driving is wanted and if the person tion. Kentucky and many other states have DAVIS is licensed to carry a concealed weapon. made a commitment to LEEDs certified green Bill Number: H.R. 1105 Requesting Member: Congressman GEOFF building and architecture. These new materials Account: Department of Justice—COPS DAVIS will require documented performance and cer- Law Enforcement Technology Bill Number: H.R. 1105 tification for their use that can only be pro- Legal Name of Requesting Entity: City of Al- Account: Interior, EPA, STAG vided by a cross cutting research effort as is exandria Police Department Legal Name of Requesting Entity: City of proposed for the Center. Address of Requesting Entity: 8236 W. Main Warsaw, KY Budget allocation: 100% of the funds will be St., Alexandria, KY 41001 Address of Requesting Entity: 303 East spent on research, including equipment and Description of Request: Appropriate $30,000 Main Street, Warsaw, Kentucky 41095 support for two senior engineers. to digitize police records and make them avail- Description of Request: Appropriate Requesting Member: Congressman GEOFF able in real time to officers throughout a three $500,000 for the extension of a public water DAVIS county region. The City of Alexandria Police main to service area of the county not cur- Bill Number: H.R. 1105 Department on behalf of the Northern Ken- rently served by potable water supply. The Account: Energy & Water, Department of tucky Police Chief’s Association is working col- project benefits include the delivery of safe Energy—Fossil Energy laboratively with local law enforcement agen- drinking water to area residents not currently Legal Name of Requesting Entity: University cies throughout our region to share police served by potable water supply and improved of Kentucky Address of Requesting Entity: 243 Bowman records. These records are considered public fire protection. The existing 0.21 MGD WWTP Hall, Lexington, KY 40506–0059 will be upgraded to a 1.0 MGD treatment facil- record, but are not readily available to local Description of Request: Appropriate ity. law enforcement as a means of data intel- $1,379,675 for the University of Kentucky Expansion and upgrading the existing facili- ligence or for viewing by patrol officers in the Strategic Liquid Transportation Fuels Derived ties is vital for the area to continue its residen- field. This project uses state of the art soft- from Coal Project at the Center for Applied tial and economic growth. The proposed ware in a web interface that enables officers Energy Research. The funding will continue project would bring the Warsaw WWTP into in real time to check master name files and the expansion of capabilities at the University compliance with KY EPA regulations and pre- previous contacts, as well as print warnings of Kentucky directed toward research and vent the imposition of a consent decree or and other citations from the car using labor force development and training related to ‘‘agreed order.’’ Furthermore, the project broadband internet connectivity. This project the production of liquid transportation fuels would ensure that water quality and environ- will allow local law enforcement to become (diesel, aviation fuel, etc.) derived from coal. more responsive to the community from a ment would be protected. The use of coal for transportation fuels can crime reduction standpoint. The recipient has certified that the matching provide additional independence from oil im- Requesting Member: Congressman GEOFF funds required by the STAG program (45% ports, safeguard the nation’s security, allow for DAVIS non-federal) can and will be met. the development of new industries, and pro- Bill Number: H.R. 1105 Adequate water and sewer service are es- vide new incentives for coal mining. The De- Account: Department of Justice—COPS sential infrastructure foundations that are re- partment of Defense has a keen interest in se- Law Enforcement Technology quired for residential and commercial growth. curing alternatives to petroleum for reliable Legal Name of Requesting Entity: City of In addition, this funding will assist the commu- supplies of battlefield fuels. Moreover, there Flemingsburg Police Department nity in complying with federal environmental are certain applications where coal-derived Address of Requesting Entity: 140 W. Elec- regulations. fuels are environmentally superior for the pro- tric Avenue, Flemingsburg, KY 41041 Budget allocation: Construction—81%; Ad- duction of ultra-clean diesel and jet fuel of in- Description of Request: Appropriate $45,000 ministrative—1%; Engineering—7%; Resident terest to the aviation, heavy equipment and for the acquisition of four Mobile Data Termi- Inspection—6%; Financing—1%; Project Con- trucking industries. Eastern and western Ken- nals (MDTs) for installation and use in the po- tingencies—4%. Note: these percentages rep- tucky coals are suitable feed stocks for these lice cruisers used by the City of Flemingsburg resent the allocation based on the total cost of purposes. Police Department. This will allow the depart- the project as determined through the certified Budget allocation: 60% for construction; ment to connect to the Kentucky State Police financing plan. 15% for utilities and infrastructure; 25% for in- LINK/NCIC terminal directly from the police Requesting Member: Congressman GEOFF tegration of the existing slurry column reactor. vehicle. MDTs increase both officer and public DAVIS Requesting Member: Congressman GEOFF safety by empowering law enforcement with Bill Number: H.R. 1105 DAVIS critical information prior to exiting their vehicle. Account: Energy & Water, Department of Bill Number: H.R. 1105 MDTs will let the officers know if a vehicle is Energy—Fossil Energy Account: Energy & Water, USACE, PED stolen, the person driving is wanted and if the Legal Name of Requesting Entity: University Legal Name of Requesting Entity: U.S. person is licensed to carry a concealed weap- of Kentucky Army Corps of Engineers, Huntington District on. Address of Requesting Entity: 243 Bowman Address of Requesting Entity: 502 Eighth Requesting Member: Congressman GEOFF Hall, Lexington, KY 40506–0059 Street, Huntington, WV 25701 DAVIS Description of Request: Appropriate Description of Request: Appropriate Bill Number: H.R. 1105 $951,500.00 to the University of Kentucky’s $335,000 for the Greenup Lock and Exten- Account: Department of Justice—COPS Center for Applied Energy Research for the sion, KY & OH. Greenup Lock and Dam is the Law Enforcement Technology Coal-Derived Low Energy Materials for Sus- eighth busiest of the Corps of Engineers’ 230 Legal Name of Requesting Entity: Owen tainable Construction Project. The project and locks and dam projects. Closure of the lock, County Sheriff Office, Owenton, KY product development needs for the concrete, for maintenance or in the event of an accident, Address of Requesting Entity: 102 North ready-mix, and masonry product industries generates massive delays and associated Madison Street, Owenton, KY 40359 that produce construction materials from coal costs to industry. Traffic delays are increasing Description of Request: Appropriate $55,000 combustion by-products and will provide data in frequency and duration due to the dilapi- for the acquisition of six Mobile Data Termi- for using these materials in LEEDs certified dated state of the infrastructure. Budget Allo- nals (MDTs) for installation and use in the po- green construction projects. cation: 100% of the funds will be used to com- lice cruisers used by both the Owen County New products including low energy, low CO2 plete the preconstruction engineering and de- Sheriff’s Office and the City of Owenton Police producing cement and concrete can be fab- sign (PED) phase.

VerDate Nov 24 2008 04:24 Feb 27, 2009 Jkt 079060 PO 00000 Frm 00023 Fmt 0626 Sfmt 9920 E:\CR\FM\K26FE8.018 E26FEPT1 jbell on PROD1PC69 with REMARKS E486 CONGRESSIONAL RECORD — Extensions of Remarks February 26, 2009

Requesting Member: Congressman GEOFF ment potential in health informatics careers is Federal funds will enable HMH to enhance the DAVIS skyrocketing, a result of the growing number PACS system to include these critical services Bill Number: H.R. 1105 of public and private stakeholders, increased and provide same-day testing for patients. Account: Energy & Water, USACE, Con- health care technology applications, and the This increases access to critical health care struction desire to positively impact health care evo- resources in the community, as well as re- Legal Name of Requesting Entity: U.S. lution and programs. duces multiple trips to the facility and multiple Army Corps of Engineers, Louisville District The U.S. Department of Labor projects the billings. Address of Requesting Entity: P.O. Box 59, healthcare industry to hold twelve of the twen- Requesting Member: Congressman GEOFF Louisville, KY 40201–0059 ty fastest growing occupations, five of the re- DAVIS Description of Request: Appropriate maining eight in the computer technology in- Bill Number: H.R. 1105 $10,144,000 to continue the construction and dustry. The Labor Department also identifies Account: Department of Health and Human rehabilitation of the Markland Locks and Dam. ‘‘medical records and health information tech- Services, Health Resources and Services Ad- This funding is for construction and installation nology’’ as the sixth largest field for growth, ministration of miter gate assembly area and pier, new with a forty-seven percent employment in- Legal Name of Requesting Entity: miter gates for the main chamber and new crease over the ten years ending in 2012. HealthPoint Family Care culvert valves for the main chamber. Requesting Member: Congressman GEOFF Address of Requesting Entity: 601 Wash- Requesting Member: Congressman GEOFF DAVIS ington St., Suite 300, Newport, Kentucky DAVIS Bill Number: H.R. 1105 41071 Bill Number: H.R. 1105 Account: Financial Services, SBA, Salaries Description of Request: Appropriate Account: Energy & Water, USACE, General & Expenses $238,000 to replace the current paper records Investigations Legal Name of Requesting Entity: Thomas system with electronic medical records to re- Legal Name of Requesting Entity: U.S. More College duce errors, save money and improve the Army Corps of Engineers, Louisville District Address of Requesting Entity: 333 Thomas quality of care. HealthPoint Family Care is a Address of Requesting Entity: P.O. Box 59, More Parkway, Crestview Hills, KY 41017 federally qualified health center providing pri- Louisville, KY 40201–0059 Description of Request: Appropriate mary care medical and dental services to Description of Request: Appropriate $96,000 $100,000 for Thomas More College’s Center 35,800 mainly low-income, uninsured patients. for the Northern Kentucky Riverfront Com- for Regional Health Sciences and Health Care Funding will cover hardware, software and mons. The Army Corps of Engineers has com- Management. The Center will use the funds to training to convert medical records from paper pleted a Master Plan and Reconnaissance Re- expand upon current programs to address to electronic. port for the Northern Kentucky Riverfront both immediate and projected future needs of Requesting Member: Congressman GEOFF Commons Project. This request for funding is businesses in health care and health care re- DAVIS intended for preliminary design and engineer- lated fields, both at the advanced skills and at Bill Number: H.R. 1105 ing for the entire length of the project area. Account: Department of Education, Elemen- the management level. The College is a lead- The Riverfront Commons project coordi- tary & Secondary Education (FIE) er in both nursing and business in the region nates riverbank stabilization strategies and Legal Name of Requesting Entity: Grant and has a unique affiliation with St. Elizabeth public access enhancements along the Phase County Board of Education I 2.75 mile corridor of the south bank of the Hospital Medical Center. Federal funds will be Address of Requesting Entity: 820 Arnie Ohio River in the communities of Covington, used for continued faculty development and Risen Boulevard, Williamstown, Kentucky Newport, and Bellevue, Kentucky. operating costs of programs at the Center. 41097 Implementation of the Riverfront Commons The Center serves to stimulate job creation Description of Request: Appropriate Project will improve quality of life for Northern in the region. The health care industry is ex- $190,000 for equipment for the Grant County Kentucky residents and residents of the Great- pected to grow by 25% by 2010 out pacing Board of Education’s new Grant County/ er Cincinnati, Ohio-Kentucky-Indiana metro- the ability of post-secondary institutions to fill Williamstown Area Career and Technical Edu- politan area. the void. The center will produce a greater vol- cation Center. The new Center will provide Riverfront tourism and festivals along the ume of highly skilled workers. Employment op- closer career and technical training opportuni- riverfront make a large contribution to the portunities in the health care field are ex- ties for high school students in Grant County. Northern Kentucky economy. Currently, an es- pected to increase by more than 25% by the The flagship program will be the Aviation timated 5,647,928 visitors, including 1,000,000 year 2010, creating 1.3 million jobs on a na- Maintenance Technician (AMT) Program. This festival attendees, visit the Northern Kentucky tional level. field is an attractive and in demand area of ex- riverfront area each year. The total project cost estimate is pertise with Grant County’s strategic location Budget allocation: 100% of the funding will $3,180,000. The College (through tuition rev- between three major airports. Federal funding be used for preliminary energy and design. enue, foundation support and alumni giving) will go towards technical equipment needed Note, however, that the bill does not fund the will provide 61% of the required funds. for the AMT Program. original request completely. As a result, Requesting Member: Congressman GEOFF The proposed Grant County/Williamstown progress will be limited by the limited appro- DAVIS Area Career and Technical Education Center priation. Bill Number: H.R. 1105 will dramatically improve opportunities for stu- The affected local communities plan to pro- Account: Department of Health and Human dents. The improved labor force will attract vide a fifty-fifty local match of case and in kind Services, Health Resources and Services Ad- much needed industry to Grant County and services. ministration the region. Requesting Member: Congressman GEOFF Legal Name of Requesting Entity: Harrison Requesting Member: Congressman GEOFF DAVIS Memorial Hospital DAVIS Bill Number: H.R. 1105 Address of Requesting Entity: 1210 KY Bill Number: H.R. 1105 Account: Financial Services, SBA, Salaries Highway 36 E, Cynthiana, Kentucky 41031 Account: Department of Education, Higher & Expenses Description of Request: Appropriate Education (FIPSE) Legal Name of Requesting Entity: Northern $285,000 to upgrade the technology and en- Legal Name of Requesting Entity: Ashland Kentucky University hance the capabilities of Harrison Memorial Community and Technical College Address of Requesting Entity: Administrative Hospital’s Amicus PACS Imaging System in Address of Requesting Entity: 1400 College Center 616, Nunn Drive, Highland Heights, KY order to improve efficiency, health care deliv- Drive, Ashland, KY 41101 41099 ery and cost savings. This appropriation would Description of Request: Appropriate Description of Request: Appropriate enable Harrison Memorial Hospital to enhance $143,000 for the purchase of necessary equip- $1,900,000 for equipment, faculty develop- PACS to include critical services and provide ment for the allied health laboratories and ment and start-up costs for the College of same-day testing for patients. classrooms located in the Parsons Building. Informatics to develop and apply informatic- The current system is currently able to cap- The Parsons Building is a new building gifted based solutions to the real world, as well as ture and distribute images of general radi- to the College in the downtown district of Ash- train students for new jobs in various profes- ology, CT, and general ultrasound. At present, land. The new location will be used for college sions that could benefit from the application of bone density and stereotactic biopsy services classes in Health Sciences, the Business and informatics, including health. are only available through a mobile service Job Testing Center and a conference center. Informatics is the science of gathering, proc- one day per month. Digital mammography is Federal funds will be used for equipment, in- essing and manipulating information. Employ- also currently not available at the hospital. cluding computers and related computer

VerDate Nov 24 2008 04:24 Feb 27, 2009 Jkt 079060 PO 00000 Frm 00024 Fmt 0626 Sfmt 9920 E:\CR\FM\K26FE8.018 E26FEPT1 jbell on PROD1PC69 with REMARKS February 26, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E487 equipment, laboratory equipment; training Legal Name of Requesting Entity: Transpor- club activities, Boy Scouts of America and aids; and curriculum development tools for the tation Authority of Northern Kentucky (TANK) other community meetings. The community allied health laboratories and classrooms in Address of Requesting Entity: 3375 Madison does not currently have any type of facility to the new building. Pike, Fort Wright, KY 41017 meet these needs. Requesting Member: Congressman GEOFF Description of Request: Appropriate f DAVIS $1,900,000 for the Transit Authority of North- Bill Number: H.R. 1105 ern Kentucky (TANK). Federal funds will be TRIBUTE TO PEACE CORPS Account: Department of Education, Higher used to purchase replacement buses needed WORKERS Education (FIPSE) to address safety and capacity issues with the Legal Name of Requesting Entity: Gateway aging fleet. Newer buses will also help to HON. ERIK PAULSEN Community and Technical College achieve better fuel economy and have cleaner OF MINNESOTA Address of Requesting Entity: 300 Butter- emissions than the buses currently in use and IN THE HOUSE OF REPRESENTATIVES milk Pike, Suite 334, Fort Mitchell, Kentucky in need of replacement. Thursday, February 26, 2009 41017 Requesting Member: Congressman GEOFF Description of Request: Appropriate $95,000 DAVIS Mr. PAULSEN. Madam Speaker, I rise to for the Gateway Community and Technical Bill Number: H.R. 1105 pay special tribute to the 35 residents of the College’s Center for Advanced Manufacturing. Account: Federal Transit Administration, Third Congressional District of Minnesota who The new Center’s goal is to prepare, train and Buses & Bus Facilities are currently serving as Peace Corps Volun- retrain a skilled workforce in Northern Ken- Legal Name of Requesting Entity: Tri-Coun- teers around the world. tucky that will create a pipeline of young work- ty Community Action Agency I also want to thank the Peace Corps itself ers for new and expanded manufacturing jobs, Address of Requesting Entity: 1015 Dis- for the important work it has done since its train and retrain 10,000 workers in 200 com- patchers Way, LaGrange, KY 40031 founding in 1961 to promote understanding panies annually to boost productivity, and pro- Description of Request: Appropriate $76,950 with other countries. vide just-in-time training for new manufacturing for Tri-County Community Action Agency for As we approach the 48th anniversary of the firms in the region. Federal funds will be used the Non-Emergency Medical and Independent Peace Corps on March 1, 2009 and celebrate to purchase equipment for the training pro- Living Activities Transportation for Older National Peace Corps Week this week, we are grams, including training modules and equip- Adults program. Federal funds will be used to all very grateful for the work of this wonderful ment for specific manufacturing careers. purchase new vehicles and GPS systems in organization and the many volunteers who do Requesting Member: Congressman GEOFF order to better serve senior citizens and vet- so much for so many people. DAVIS erans who need transportation to medical ap- I am especially proud of my dedicated con- Bill Number: H.R. 1105 pointments, adult day care and independent stituents who are currently serving our country Account: Federal Highway Administration, living activities. The purchases will also be and the people of the world as Peace Corps Transportation & Community & System Pres- available to Emergency Management and First volunteers: Joseph Adams in Surinam; Me- ervation Responder Personnel in each county to help lissa Cuddy in Guatemala; Kristina Denison in Legal Name of Requesting Entity: Carroll with evacuation of special needs residents Zambia; Bradley Engelsma in El Salvador; County Fiscal Court David Garfunkel in the Dominican Republic; Address of Requesting Entity: 4400 Main should an emergency situation occur. Patricia Godchaux in Moldova; Alyson Street, Second Floor, Carrollton, Kentucky Requesting Member: Congressman GEOFF Hatchett in Costa Rica; Laura Hoffman in Bul- 41008 DAVIS Description of Request: Appropriate $95,000 Bill Number: H.R. 1105 garia; Sarah Horns in South Africa; Ledor to begin replacement of the Highway 36 West Account: HUD, Economic Development Ini- Igboh in Ghana; Franklin Jadwin in Peru; An- Bridge over Locust Creek in Carrollton, Ken- tiatives drew Jondahl in Senegal; Briana Juster in tucky. This bridge is on a main thoroughfare Legal Name of Requesting Entity: City of Guatemala; Jennifer Katchmark in Botswana; for commercial road traffic. A number of fatali- Maysville Jessica Kolb in Kazakhstan; Sarah Litchy in ties have occurred on the existing bridge. Re- Address of Requesting Entity: 216 Bridge Ethiopia; Erin Luhmann in Kyrgzstan; Michael placement of the bridge will improve the flow Street, Maysville, Kentucky 41056 Luke in Romania; Kari Nelson in Senegal; Description of Request: Appropriate of traffic and be safer for those traveling the Molly Nicholls in Macedonia; Mary O’Brien in $2,565,000 for the renovation and restoration bridge. Senegal; Derek Olson in Uganda; Martha of the Cox Building in the downtown area of Requesting Member: Congressman GEOFF Pakan in Mexico; Nichol Perkins in Nicaragua; the City of Maysville. The Cox Building is a DAVIS Charles Powell in Honduras; Claire Reuning in Bill Number: H.R. 1105 historic keystone building for the City. Federal Benin; Nicholas Rossi in Burkina Faso; Account: Federal Highway Administration, funding will be used for masonry, repairs, fire Charles Seltzer in Dominican Republic; Interstate Maintenance Discretionary (IMD) alarm, sprinkler, plumbing, HVAC, elevator, Braden Shannon in El Salvador; Gabriel Legal Name of Requesting Entity: Kentucky plaster, painting and other construction needs. Sidman in Honduras; Melanie Siler in Transportation Cabinet The goal of the project is to renovate the Kazakhstan; Illyria Turk in Bulgaria; Janet Address of Requesting Entity: 200 Mero St., building to become an income producing and Utecht in Mexico; Maria VanOsdale in Sen- Frankfort, KY 40622 economically stimulating entity for the historic egal; and Laura Van’t Land in the Philippines. Description of Request: Appropriate business district. The restoration of the build- Madam Speaker, I applaud each of these $380,000 to rehabilitate the section of I–471 ing will also provide space for the community’s individuals for their service to our country and between I–275 and the Ohio River in Camp- new ‘‘Entrepreneurial—Incubator Program’’ to the people of the countries in which they bell County, Kentucky. The project is listed in and provide local art organizations with afford- are working. And thank you to the Peace Kentucky’s six year highway plan. This section able space and an opportunity to be located Corps for 48 years of critical service to the of I–471 is an essential thoroughfare, serving downtown. world. residents of Kentucky, Ohio, and other States. Requesting Member: Congressman GEOFF f It provides a link that is critical to the eco- DAVIS nomic growth and safety of Northern Ken- Bill Number: H.R. 1105 EARMARK DECLARATION tucky. This section will serve as an alternate Account: HUD, Economic Development Ini- route when work begins on replacement of the tiatives HON. JOHN J. DUNCAN, JR. Brent Spence Bridge on I–71/75. The pave- Legal Name of Requesting Entity: Mason OF TENNESSEE ment has deteriorated to the extent that grind- County Fiscal Court IN THE HOUSE OF REPRESENTATIVES Address of Requesting Entity: 221 Stanley ing and repairing is no longer feasible. Federal Thursday, February 26, 2009 funds will be used for pavement rehabilitation Reed Court, Maysville, Kentucky 41056 in the form of structural overlay to restore this Description of Request: Appropriate $95,000 Mr. DUNCAN. Madam Speaker, consistent deficient thoroughfare. to complete the construction of the multi-use with House Republican Earmark Standards, I Requesting Member: Congressman GEOFF Mays Lick Community Center. Federal funds am submitting the following earmark disclo- DAVIS will be used to finish the community center, insure information for project requests that I Bill Number: H.R. 1105 cluding drywall, flooring, ceiling and insulation. made and which were included within H.R. Account: Federal Transit Administration, The Mays Lick Community Center will provide 1105, the ‘‘Omnibus Appropriations Act, Buses & Bus Facilities a place for community events, Boys and Girls 2009.’’

VerDate Nov 24 2008 04:24 Feb 27, 2009 Jkt 079060 PO 00000 Frm 00025 Fmt 0626 Sfmt 9920 E:\CR\FM\K26FE8.018 E26FEPT1 jbell on PROD1PC69 with REMARKS E488 CONGRESSIONAL RECORD — Extensions of Remarks February 26, 2009

Requesting Member: Congressman JOHN Description of Request: The funding would Requesting Member: Congressman JOHN DUNCAN be used to provide sanitary sewer service to DUNCAN Bill Number: H.R. 1105 the Ball Camp Community to remove existing Bill Number: H.R. 1105 Account: Cooperative State Research Edu- health and environmental issues resulting from Account: Transportation, Community, and cation and Extension Service—SRG failed septic systems. System Preservation Project Amount: Project Amount: $700,000. Requesting Member: Congressman JOHN $570,000. Legal Name of Requesting Entity: University DUNCAN Legal Name of Requesting Entity: City of of Tennessee, 114 Morgan Hall, 2621 Morgan Bill Number: H.R. 1105 Knoxville, 400 Main Street, Knoxville, TN Circle, Knoxville, TN 37996. Account: EPA—Environmental Programs 37902. Description of Request: This funding will be and Management Description of Request: The funding would used for producing crops that can be used di- Project Amount: $2,500,000. be used to construct a new pedestrian bridge rectly as early-warning sentinels for the detec- Legal Name of Requesting Entity: Rural with a free span of 800 feet, providing a safe tion of plant diseases. Community Assistance Partnership, 1522 K pedestrian passageway between the South Requesting Member: Congressman JOHN St, NW Suite 400, Washington, DC 20005. Knoxville Waterfront and the University of Ten- DUNCAN Description of Request: The funding would nessee in Knoxville, Tennessee. Bill Number: H.R. 1105 be used to assist small communities with Requesting Member: Congressman JOHN Account: Agricultural Research Service— drinking water and waste water concerns. DUNCAN Salaries and expenses Requesting Member: Congressman JOHN Bill Number: H.R. 1105 Project Amount: $254,000. DUNCAN Account: Buses and Bus Facilities Legal Name of Requesting Entity: University Bill Number: H.R. 1105 Project Amount: $237,500. of Tennessee, 114 Morgan Hall, 2621 Morgan Account: HRSA Health Facilities and Serv- Legal Name of Requesting Entity: City of Circle, Knoxville, TN 37996. ices Alcoa, 223 Associates Boulevard, Alcoa, Ten- Description of Request: This funding will be Project Amount: $476,000. nessee 37701. used to support developing new varieties and Legal Name of Requesting Entity: Blount Description of Request: The funding will be cropping systems that will improve disease re- Memorial Hospital, 907 East Lamar Alexander used to develop infrastructure servicing the sistance, enhance value of the crop and pro- Parkway, Maryville, TN 37804. new Pellissippi Research Centre on the Oak tect the regional soil and water resources. Description of Request: The funding would Ridge Corridor. Requesting Member: Congressman JOHN be used to help implement an Electronic Med- Requesting Member: Congressman JOHN DUNCAN ical Record System, which would help improv- DUNCAN Bill Number: H.R. 1105 ing the accuracy of documentation, as well as Bill Number: H.R. 1105 Account: OJP—Juvenile Justice improving the communication among the inter- Account: Transportation, Community, and Project Amount: $400,000. disciplinary caregivers. System Preservation Legal Name of Requesting Entity: Childhelp Requesting Member: Congressman JOHN Project Amount: $142,500. of East Tennessee, 2505 Kingston Pike, Knox- DUNCAN Legal Name of Requesting Entity: City of ville, TN 37919. Bill Number: H.R. 1105 Knoxville, 400 Main Street, Knoxville, TN Description of Request: This funding will be Account: HRSA—Health Facilities and Serv- 37902. used to assist Childhelp in expanding its im- ices Description of Request: The funding will be portant services to more children in Knox Project Amount: $285,000. used to purchase an Automated Vehicle Lo- County and the surrounding region who have Legal Name of Requesting Entity: Sertoma cater system and passenger variable message suffered abuse. Specifically, the Children’s Center, 1400 East Fifth Avenue, Knoxville, TN signs in an effort to prevent idling times at the Center of East Tennessee will expand its fo- 37917. transfer center which will help improve air rensic interview capacity and related services Description of Request: The funding would quality. to East Tennessee children who have, in the be used to provide improvement and tech- f past, been turned away, as well as its commu- nology upgrades at facilities which administer nity based forensic interview and medical ex- day and residential programs for adults with HONORING BILL AND FAITH amination services. cognitive disabilities. COLLINS Requesting Member: Congressman JOHN Requesting Member: Congressman JOHN DUNCAN DUNCAN HON. PHIL GINGREY Bill Number: H.R. 1105 Bill Number: H.R. 1105 OF GEORGIA Account: Corps of Engineers—Investigations Account: Substance Abuse and Mental IN THE HOUSE OF REPRESENTATIVES Project Amount: $96,000. Health Services Administration (SAMSHA)— Thursday, February 26, 2009 Legal Name of Requesting Entity: Maryville Mental Health College, Fayerweather Hall 309, 502 E. Lamar Project Amount: $238,000. Mr. GINGREY of Georgia. Madam Speaker, Alexander Parkway, Maryville, TN 37804. Legal Name of Requesting Entity: ChildNet in celebration of Black History Month, I want to Description of Request: This funding will be of East Tennessee, 201 West Springdale Ave- continue recognizing African Americans from used to conduct a watershed study on the Lit- nue, Knoxville, TN 37917. throughout Georgia’s 11th Congressional Dis- tle Tennessee River in East Tennessee. Description of Request: The funding would trict who have a major impact on their commu- Requesting Member: Congressman JOHN be used to expand ChildNet services in the nity. DUNCAN Second Congressional District of Tennessee. Today, I rise to honor a family who has Bill Number: H.R. 1105 Services offered by ChildNet include psy- dedicated their lives to public service and the Account: SBA chiatric assessment, medication evaluation, in- improvement of the community they call home. Project Amount: $670,000. dividual and family counseling, case manage- Bill and Faith Collins of Rome, Georgia are Legal Name of Requesting Entity: City of ment, classroom observation, and consultation the perfect example of how one family can Alcoa, 223 Associates Boulevard, Alcoa, Ten- from trained mental health professional(s). have a positive impact on the lives of count- nessee 37701. Requesting Member: Congressman JOHN less others around them. Description of Request: The funding will be DUNCAN Bill Collins has served his community on the used to develop infrastructure servicing the Bill Number: H.R. 1105 Rome City Commission for the past 11 years. new Pellissippi Research Centre on the Oak Account: Buses and Bus Facilities As a Commissioner, Bill currently chairs the Ridge Corridor. Project Amount: $1,425,000. Public Works Committee and serves on the Requesting Member: Congressman JOHN Legal Name of Requesting Entity: East Ten- Transportation and Downtown Development DUNCAN nessee Human Resources Agency, 9111 Authority—working to improve his community’s Bill Number: H.R. 1105 Cross Park Drive, Suite D–100, Knoxville, TN infrastructure. Account: EPA—STAG Water and Waste- 37923. Bill’s wife, Faith, has committed much of her water Infrastructure Project Description of Request: The funding would life to ensuring that the children of Rome re- Project Amount: $300,000. be used to replace high mileage, handicapped ceive the best education possible. As a long- Legal Name of Requesting Entity: West accessible vehicles used to daily transport citi- time member of the Rome City School Board, Knox Utility District, 2328 Lovell Road, Knox- zens to life sustaining activities such as trips Faith has made improving the quality of edu- ville, TN 37932. to medical appointments. cation for Georgia students her mission.

VerDate Nov 24 2008 04:24 Feb 27, 2009 Jkt 079060 PO 00000 Frm 00026 Fmt 0626 Sfmt 9920 E:\CR\FM\A26FE8.033 E26FEPT1 jbell on PROD1PC69 with REMARKS February 26, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E489 I ask that my colleagues join me in thanking a multi-squadron maintenance detachment in rimba concerts, and ballet folklorico perform- Bill and Faith Collins—a true public service support of TopGun’s transition to F/A18s and ances by school students. family—for their commitment to improving their the very first Strike Fighter Instructor Course. In 1968, Sulaimań joined the World Boxing community. In December 1995, Captain Connors be- Council (WBC) and quickly moved through the f came an instructor at the Naval Strike Warfare ranks. In 1975, Sulaimań was unanimously Center in Nevada. His first official duty was to elected president of the WBC and has served COMMEMORATION OF TAIWAN’S 2– serve on the integration team that facilitated in that capacity ever since. Under his leader- 28 MASSACRE the merger of ‘‘TopGun,’’ ‘‘Strike,’’ and ship, the WBC has instituted many new rules ‘‘TopDome’’ into the newly formed Naval and regulations regarding boxers’ safety and HON. SCOTT GARRETT Strike and Air Warfare Center (NSAWC). Fol- welfare, and has funded brain injury research OF NEW JERSEY lowing NSAWC’s commissioning, Captain programs at UCLA. Outside of boxing, IN THE HOUSE OF REPRESENTATIVES Connors became its first Air Wing Training Of- Sulaimań, who speaks Spanish, English, Ara- Thursday, February 26, 2009 ficer. Under his direction, integrated air war- bic, Italian, Portuguese and French, success- fare training and standardization went through fully operates a medical supply company in Mr. GARRETT of New Jersey. Madam a complete renaissance, including develop- Mexico. Speaker, I rise today to recognize the 62nd ment of the Air Interdiction Mission Com- The United States-Mexico border has a commemoration of Taiwan’s ‘‘2–28 Massacre.’’ mander’s Course the very first Strike Leader On February 28, 1947, the brutal arrest of a unique, blended history of cowboys, bandits, flying syllabus. female civilian in Taipei led to large-scale pro- lawmen, farmers, fishermen, oil riggers, sol- Captain Connors also served as Cruiser De- tests by the native Taiwanese against the re- diers, scientists, entrepreneurs, and teachers. stroyer Group ONE’s Air Operations and Op- pression of Chiang Kai-shek’s Chinese Nation- The Charro Days festival reflects that deep erations Officer onboard the USS Constella- alists, who occupied Taiwan on behalf of the sense of shared history and experiences, tion following graduation from the Naval War Allied Forces after Japan’s defeat in 1945. which is needed now more than ever. It is a During the following days, Chiang’s govern- College. During this tour, Captain Connors time for all of us to not only remember our ment sent troops from mainland China to the contributed to Iraqi Freedom operational plan- past, but to celebrate our future. island. The Chinese soldiers began capturing ning, flew combat missions, and oversaw the The Charro Days festival and the Mr. Amigo and executing leading Taiwanese lawyers, integration of more than 140 coalition combat- Award unite sister cities on both sides of the doctors, students, and other citizens. ants in support of the operation’s maritime ob- border and send a message that we are It is estimated that at least 18,000 people jectives. neighbors, and friends that trust, understand, lost their lives during the turmoil. During the At Naval Base Ventura County, Captain and respect each other. We share a language, following four decades, the Chinese National- Connors commands its more than 90 tenants, customs, and experiences unique to our com- ists continued to rule Taiwan under a martial 6,000 military personnel, 9,000 civilian em- munities, and during Charro Days we take law system that lasted until 1987. ployees and 3,000 contractors at Point Mugu, time to celebrate our distinctive culture. The 2–28 event had far-reaching implica- the Naval Construction Battalion Center at I urge my colleagues to join me in com- tions. Over the next half-century, the Tai- Port Hueneme, the Channel Islands Air Na- mending Jose´ Sulaimań, the 2008 Mr. Amigo, wanese democracy movement that grew out tional Guard, 146th Airlift Wing, and the base’s as well as the cities of Brownsville and Mata- of the incident helped pave the way for Tai- 36,000-square-mile sea test range—the larg- moros, for their dedication to international wan’s momentous transformation from a dicta- est in the world. He has done an exemplary goodwill between the United States and Mex- torship under the Chinese Nationalists to a job. ico. thriving and pluralistic democracy. Madam Speaker, I know my colleagues will f join me in thanking Captain Brad Connors for In some ways, the 2–28 incident was similar PERSONAL EXPLANATION to the ‘‘Boston Massacre’’ that occurred in the his decades of service to his country and the Massachusetts colony in 1770. Both events U.S. Navy and in wishing him great success in launched a movement toward full democracy his retirement. HON. ADAM H. PUTNAM and helped galvanize a struggle for independ- f OF FLORIDA IN THE HOUSE OF REPRESENTATIVES ence. ‘MR. AMIGO 2008’ JOSE´ SULAIMA´ N I urge other Members to join me in com- Thursday, February 26, 2009 memorating this important historical event. Mr. PUTNAM. Madam Speaker, on Monday, f HON. SOLOMON P. ORTIZ OF TEXAS February 23, 2009, I incorrectly recorded two TRIBUTE TO CAPTAIN BRAD IN THE HOUSE OF REPRESENTATIVES votes. Please let the record show that I in- CONNORS, USN tended to vote the following way: roll No. 72— Thursday, February 26, 2009 ‘‘nay,’’ roll No. 73—‘‘nay.’’ HON. ELTON GALLEGLY Mr. ORTIZ. Madam Speaker, I rise today to f commend the 2008 ‘‘Mr. Amigo,’’ Jose´ OF CALIFORNIA Sulaimań, chosen recently by the Mr. Amigo SAFE DRUG DISPOSAL ACT OF 2009 IN THE HOUSE OF REPRESENTATIVES Association of Brownsville, TX, and Mata- Thursday, February 26, 2009 moros, Tamaulipas, in Mexico. Sulaimań has HON. JAMES P. MORAN Mr. GALLEGLY. Madam Speaker, I rise in spent his life in the sport of boxing, best OF VIRGINIA tribute to Captain Brad Connors, USN, who known as the president of the World Boxing IN THE HOUSE OF REPRESENTATIVES will be retiring after turning over command of Council for more than three decades. Thursday, February 26, 2009 Naval Base Ventura County on Friday. The Mr. Amigo Award began in 1964 as an I have worked closely on a number of en- annual tribute to an outstanding Mexican cit- Mr. MORAN of Virginia. Madam Speaker, I deavors with Captain Connors over the past izen who has made a lasting contribution dur- rise today to join my colleague, Congressman three years. He is the consummate profes- ing the previous year to international solidarity INSLEE, to support the ‘‘Safe Drug Disposal Act sional military officer and gentleman. and goodwill. ‘‘Mr. Amigo’’ acts as an ambas- of 2009,’’ legislation that will address the risks Since he graduated the United States Naval sador between our two countries and presides to our families, our communities, and the envi- Academy in 1982 and earned his wings in over the annual Charro Days festival. ronment from unwanted or unused drugs that 1984, Captain Connors has logged more than The Charro Days festival, held in Browns- are left in the home or that are disposed of im- 4,500 flight hours and 900 carrier landings in ville and Matamoros, is an opportunity to enjoy properly. several different aircraft. He has served as the unique border culture of the Rio Grande Drug waste is a problem at every juncture of squadron executive officer and commander Valley area. A Lenten event, much like Mardi the health care system. Medications can accu- and flew missions over Iraq in support of Op- Gras in New Orleans, the festival was orga- mulate in numerous settings—in nursing eration Southern Watch. During this tour, his nized in 1937 by the Brownsville Chamber of homes, hospitals, and hospice care facilities, squadron was awarded the Navy’s ‘‘Battle E’’ Commerce to recognize Mexican culture and and in home-based care settings and private in recognition of superior squadron readiness was named in honor of the charros, ‘‘dashing residences. To encourage safe disposal of and mission performance. Mexican gentlemen cowboys.’’ The festival in- these drugs, many communities have devel- Following a Korean Peninsula deployment cludes parades complete with floats, as well oped take-back programs or sponsored collec- onboard USS Kittyhawk, Captain Connors led as street dances, a carnival, mariachi and mation events that allow consumers to properly

VerDate Nov 24 2008 04:24 Feb 27, 2009 Jkt 079060 PO 00000 Frm 00027 Fmt 0626 Sfmt 9920 E:\CR\FM\A26FE8.037 E26FEPT1 jbell on PROD1PC69 with REMARKS E490 CONGRESSIONAL RECORD — Extensions of Remarks February 26, 2009 dispose of unwanted or unused drugs. These finding evidence that even extremely diluted tenth, and twelfth grades, ‘‘Monitoring the Fu- programs reduce the quantity of unused phar- concentrations of pharmaceutical residues ture: National Results on Adolescent Drug maceuticals entering the environment and re- harm fish, frogs, and other aquatic species in Use’’, found that past-year nonmedical use of duce the amount of drugs available for diver- the wild. Pharmaceuticals are seen as a Vicodin remained high among all three grades, sion, theft, abuse, or accidental poisoning. source of the endocrine disrupting compounds with nearly one in ten high school seniors While these programs are clearly of benefit in wastewater effluent that are suspected of using it in the past year. Despite a drop from to the consumer, they can be difficult to ad- causing the high rate of intersex characteris- 2005 to 2006 in past-year abuse of OxyContin minister because, under current law, a rep- tics detected in certain species of smallmouth among twelfth graders (from 5.5 percent to 4.3 resentative of law enforcement must be bass found in the Potomac River. In addition, percent), there had been no such decline present to take custody of medications that even small amounts of antibiotics that are not among the eighth and tenth grade students, are classified as controlled substances. This captured by wastewater treatment systems and the rate of use among the youngest stu- bill will amend the Controlled Substances Act can kill off natural bacteria in waterways, en- dents had increased significantly since it was to allow end users, or caretakers of an end courage microbes to become drug-resistant, included in the survey in 2002. user, to safely dispose of unused prescription and poison fish. EPA is monitoring fish tissue The consequences of prescription drug drugs and over-the-counter drugs through and water samples in developed and urban abuse are seen in the data collected by the Drug Enforcement Administration (DEA) ap- areas across the country to produce a statis- Substance Abuse and Mental Health Services proved state-run drug take-back programs. tically representative estimate of the occur- Administration on emergency room visits. In This bill also prohibits pharmaceutical compa- rence of pharmaceuticals in fish tissue and the latest data, ‘‘Drug Abuse Warning Network nies from recommending flushing as a safe waterways. (DAWN), 2005: National Estimates of Drug- means of disposal on prescription drug labels. EPA is also researching whether higher- Related Emergency Department Visits,’’ PHARMACEUTICALS IN SURFACE WATERS AND IN level water treatment strategies can remove SAMHSA estimates that about 599,000 emer- DRINKING WATER SUPPLIES pharmaceuticals from wastewater and drinking gency department visits involved nonmedical For many years, consumers were advised to water. EPA advises that while most pharma- use of prescription or over-the-counter drugs dispose of their unwanted medications down ceuticals from human sources are entering or dietary supplements, a 21 percent increase the toilet. However, we now know that chemi- water through natural biological functions, it is over 2004. Of the 599,000 visits, 172,000 in- cals from over-the-counter and prescription important for the public to understand that volved benzodiazepines and 196,000 involved medications are not always screened in water they can help prevent pollution of our water- opiates. Overall, controlled substances rep- treatment systems, and can be discharged ways by not using the toilet as a trash can for resented 66 percent of the estimated emer- into rivers and lakes and enter our drinking unused medications. gency department visits. Between 2004 and water supplies. In 2002, the U.S. Geological ABUSE OF PRESCRIPTION DRUGS 2005, the number of visits involving opiates in- Survey reported that some traces of common This legislation will address not only the creased 24 percent and the number involving medicines such as acetaminophen, hormones, risks to our water supply, but will have public benzodiazepines increased 19 percent. About blood pressure medications, codeine, and anti- health benefits. Several studies of drug abuse a third (200,000) of all visits involving nonmed- biotics were detected in very low concentra- patterns indicate that nonmedical use of pre- ical use of pharmaceuticals resulted in admis- tions in 80 percent of samples taken from 139 scription drugs is increasing. Last fall, the sion to the hospital; about 66,000 of those in- streams across 30 states. Substance Abuse and Mental Health Services dividuals were admitted to critical care units; Little was known about people’s exposure to Administration of the Department of Health 1,365 of the visits ended with the death of the such compounds from drinking water, so sci- and Human Services released the results of patient. entists at the Southern Nevada Water Author- the nation’s largest substance use assess- The most recent data available in the Na- ity in Las Vegas screened tap water from 19 ment, the National Survey on Drug Use and tional Poison Data Base compiled by the U.S. water utilities for 51 different compounds. Health. For 2007, the study showed that co- American Association of Poison Control Cen- The surveys were carried out between 2006 caine and methamphetamine use among ters show that in 2006 there were 21 pharma- and 2007. Of the eleven most frequently de- young adults dropped significantly, but that ceutical-associated fatalities in children under tected compounds, nine were pharma- abuse of prescription drugs increased. Among age 6, and 47 such fatalities in children 13 to ceuticals: young adults ages 18 to 25, the level of cur- 19 years. We may never know how many of Atenolol, a beta-blocker used to treat cardio- rent nonmedical use of prescription pain re- these incidents affecting our children and vascular disease. lievers has risen 12 percent. youth are due to access to unused medica- Carbamazepine, a mood-stabilizing drug Results of a separate study of seventh tions found in the home. Even so, it is impor- used to treat bipolar disorder. through twelfth grade students were released tant to look for opportunities to reduce the fre- Estrone, an estrogen. in 2005 by the Partnership for a Drug-Free quency of these incidents. Gemfibrozil, an anti-cholesterol drug. America. The Partnership Attitude Tracking LOCAL AND STATE PROGRAMS OPERATED UNDER Meprobamate, a tranquilizer widely used in Study tracks consumers’ exposure to and atti- EXISTING LAW psychiatric treatment. tudes about drugs. The study focuses on per- The Drug Enforcement Administration ad- Naproxen, a painkiller and anti-inflam- ceived risk and social attitudes. For the first ministers the Controlled Substances Act and matory. time in its seventeen-year history, the study its implementing regulations to ensure an ade- Phenytoin, an anticonvulsant that has been found that teenagers are more likely to have quate supply of controlled substances for le- used to treat epilepsy. abused a prescription pain medication to get gitimate medical, scientific, research, and in- Sulfamethoxazole, an antibiotic used against high than they are to have experimented with dustrial purposes, and to deter the diversion of the Streptococcus bacteria, which is respon- a variety of illicit drugs including Ecstasy, co- controlled substances to illegal purposes. Con- sible for tonsillitis and other diseases. caine, crack, and LSD. The study reported trolled substances are drugs that have a po- Trimethoprim, another antibiotic. that nearly one in five teenagers, or 4.3 million tential for abuse and psychological and phys- Further testing of drinking water supplies teenagers nationally, reported using the con- ical dependence; these include opiates, stimu- has shown that at least 46 million people are trolled substance Vicodin without a prescrip- lants, depressants, hallucinogens, anabolic exposed to trace amounts of pharmaceuticals tion; approximately ten percent, or 2.3 million steroids, and drugs that are immediate precur- through this route, while the overwhelming teens nationally, reported using the controlled sors of these classes of substances. The sub- majority of U.S. communities have yet to test. substance OxyContin without a prescription; stances are divided into five schedules. The Environmental Protection Agency and and ten percent, or 2.3 million teenagers na- Schedule I substances have a high potential other federal agencies are working to evaluate tionally, reported having used prescription for abuse and have no accepted medical use exposure and potential effects on humans and stimulants, Ritalin and/or Adderall, without a in treatment in the United States. These sub- aquatic life. While we know that pharma- prescription. Fifty percent of the teenagers stances may only be used for research, chem- ceuticals have health effects at the therapeutic surveyed indicated that prescription drugs are ical analysis, or manufacture of other drugs. dose, EPA is working to better understand and widely available; a third indicated that they Schedule II–V substances have accepted evaluate the potential risk to humans associ- were easy to purchase over the Internet; and medical uses and also have potential for ated with long-term exposure to low con- 63 percent said they could easily obtain pre- abuse and psychological and physical depend- centrations of the same chemicals. scription opiates and painkillers from their own ence. Virtually all Schedule II–V controlled Aquatic organisms may experience more home. substances are available only under a pre- pronounced effects than humans because The 2006 National Institute of Drug Abuse scription written by a practitioner licensed by they are continually exposed. Researchers are survey of drug use by teens in the eighth, the State

VerDate Nov 24 2008 04:24 Feb 27, 2009 Jkt 079060 PO 00000 Frm 00028 Fmt 0626 Sfmt 9920 E:\CR\FM\A26FE8.042 E26FEPT1 jbell on PROD1PC69 with REMARKS February 26, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E491 and registered with DEA to dispense the sub- ly released new guidelines for the proper dis- hazardous waste. The proposed amendment stances. Overall, controlled substances con- posal of unused, unneeded, or expired pre- to EPA’s universal waste rule would improve stitute about 10 percent of all prescriptions scription drugs. The guidelines are designed the management of hazardous pharmaceutical written in the United States. to reduce the diversion of prescription drugs, waste by providing a more streamlined waste In enacting the Controlled Substances Act, while also protecting the environment. The management system, while ensuring that the Congress sought to control the diversion of new guidelines urge Americans to: waste is sent to hazardous waste manage- pharmaceutical controlled substances into illicit Take unused, unneeded, or expired pre- ment facilities, rather than municipal landfills, markets by establishing a ‘‘closed system’’ of scription drugs out of their original containers. for final disposal. The streamlined standards drug distribution governing the legitimate han- Mix the prescription drugs with an undesir- include modified requirements for storage, la- dlers of controlled substances. Under this able substance, like used coffee grounds or beling and marking, preparing the waste for closed system, all legitimate manufacturers, kitty litter, and put them in impermeable, non- shipment offsite, employee training, response distributors, and dispensers of controlled sub- descript containers, such as empty cans or to releases, and notification. In addition, no stances must register with DEA and maintain sealable bags, further ensuring that the drugs manifest would be required to transport the strict accounting for all controlled substance are not diverted or accidentally ingested by waste. This management system could also transactions. DEA advises that current law children or pets. be used for safely collecting, transporting, and does not allow a DEA registrant, such as a re- Throw these containers in the trash. disposing of unwanted non-hazardous phar- tail pharmacy, to acquire a controlled sub- Flush prescription drugs down the toilet only maceuticals as part of a take-back program. stance from a non-registrant, such as an indi- if the accompanying patient information spe- Should these proposed rules be finalized, vidual patient, even for purposes of disposal. cifically instructs it is safe to do so. states operating EPA-authorized hazardous The individual determines whether or when to Return unused, unneeded, or expired pre- waste programs could adopt them to support dispose of unneeded medications, although scription drugs to pharmaceutical take-back lo- their take-back programs. DEA recommends that controlled substances cations that allow the public to bring unused WHAT THIS BILL WOULD DO be disposed of in a way that does not allow drugs to a central location for safe disposal. The Safe Drug Disposal Act of 2009 them to be easily retrieved. In addition, the pharmacy profession amends the Controlled Substances Act to Communities have responded to the public through the American Pharmacists Association allow end users, or caretakers of an end user, health and environmental problems posed by has partnered with the Pharmaceutical Re- to safely dispose of unused prescription drugs unused pharmaceuticals by developing several search and Manufacturers of America and the and over-the-counter drugs through DEA-ap- different models of take-back and collection U.S. Fish and Wildlife Service in establishing proved, state-run, drug take-back programs. programs at the State or local level, including: the SMARxT DISPOSAL program to help pro- Accumulation of dispensed controlled sub- Collecting unwanted pharmaceuticals at tect the country’s fish and aquatic resources. stances in the hands of individual or institu- pharmacies, grocery stores, or other retail set- SMARxT DISPOSAL is a consumer aware- tional care takers, including those caring for tings. ness-heightening program that highlights the animals, can be a serious concern. Long-term Having citizens turn over unwanted medica- environmental threat posed by medications care facilities, nursing homes, hospitals, jails, tions to law enforcement officers. that are disposed of improperly, with the key schools, and veterinary clinics may act in a Accepting unwanted pharmaceuticals at message being ‘‘crush, don’t flush.’’ It encour- custodial capacity, holding controlled sub- periodic household hazardous waste collection ages consumers to dispose of most unused stances that are prescribed for an individual events, often with law enforcement personnel medications in household trash rather than and belong to that individual. The care taker present to take custody of controlled sub- through the wastewater system, to take ad- dispenses these medications as directed by a stances. vantage of state and local medication collec- medical practitioner. As a result of these dis- Collecting unwanted pharmaceuticals tion programs, and to consult with a phar- pensing practices, when a patient dies, leaves through caregivers in residential care settings macist should any questions arise. the facility or their medication is discontinued (i.e. hospices, nursing homes, assisted living INTERNATIONAL PROGRAMS or changed, the care taker may be left with facilities, boarding homes, adult family homes, Under British Columbia’s Medications Re- excess controlled substances that must be child care programs, schools, correctional fa- turn Program, the public can return expired or disposed. Under present law, these care tak- cilities, and animal boarding facilities). unused medications at participating community ers may dispose of controlled substances di- Using the U.S. Postal Service for mailing pharmacies across British Columbia. The rectly, but, unless they are registered with unwanted pharmaceuticals to a secure con- pharmaceutical industry voluntarily established DEA, they may not transfer controlled sub- solidation location for disposal. the program in November 1996. In 1997, pro- stances that have been dispensed to an indi- Collecting pharmaceuticals lost or aban- vincial legislation made all brand-owners of vidual to a DEA-registered entity for disposal. doned by residents or visitors from hotels, pharmaceutical products responsible for the Specifically, this bill directs DEA, within one campgrounds, cruise ships, homeless shelters, collection and management of their left-over year, to create five approved drug take-back and other temporary housing or recreational products. This program allows consumers to program models from which states may sites. return unused or expired medications at no choose. Should a state seek to implement a The volume of medications these programs charge to over 90 percent of participating model not listed among those five DEA ap- have collected is stunning. In 2006, a one-day pharmacies in the province. proved models, a state must seek approval drug return program at 25 locations in Chicago Spain’s Integrated Waste Management Sys- from DEA for the modified version. In creating netted 1,600 pounds of medications. Separate tem (SIGRE) allows citizens to return pack- the five specific drug take back program mod- one-day take-back programs in Michigan and aging and leftover medicines to pharmacies els, DEA must comply with a specific set of Milwaukee the same year each yielded more across the country free of charge. The pro- criteria: than a ton of medicine. In one day in Novem- gram has been in place since 2002 and is Protecting the public safety. Allowing the ultimate user to dispose of their ber 2008, a community-based effort at the De- funded by the pharmaceutical industry. Col- unused drugs though persons other than law troit Medical Center Surgery Center in Madi- lected wastes are taken to a central proc- son Heights collected 300 pounds of prescrip- enforcement. essing facility for recycling or destruction. Respecting environmentally sound practices tion and over-the-counter medicines and sent France’s medicine take-back program, es- for disposal (take-back programs may not in- them to an incinerator. In one week in April tablished in 1995, is an industry-funded sys- clude the disposal of drugs through public wa- 2008, EPA’s Great Lakes Earth Day Chal- tem that is run collaboratively among manu- terways or municipal solid waste landfills). lenge collected nearly 4.5 million pills from facturers, wholesalers, and community phar- Being cost-effective for the state. throughout the Great Lakes region. Macomb macies. Households are invited to return all Including take-back program options for County, Michigan’s hazardous waste recycling unused medicines and packaging. Bags and both rural and urban locations. program collects more than 1,000 pounds of leaflets are handed out at the time of dis- Successful take-back programs are likely to drugs a year. pensing; window stickers and posters reinforce receive substantial volumes of medications, NATIONAL GUIDELINES the message of safe disposal. most of which will not be controlled sub- At the national level, both the public and pri- HAZARDOUS PHARMACEUTICAL WASTE stances. Under the Controlled Substances Act, vate sectors have taken steps to address the EPA has offered its support of pharma- Congress established a ‘‘closed system’’ of problem of disposal of unused pharmaceutical take-back programs by proposing to distribution designed to prevent the diversion ceuticals. In 2007, The White House Office of revise its rules for managing hazardous phar- of controlled substances. As part of this closed National Drug Control Policy, the Department maceutical waste. A small proportion of phar- system, all persons who lawfully handle con- of Health and Human Services, and EPA joint- maceutical waste meets EPA’s definition of trolled substances must be either registered

VerDate Nov 24 2008 04:24 Feb 27, 2009 Jkt 079060 PO 00000 Frm 00029 Fmt 0626 Sfmt 9920 E:\CR\FM\A26FE8.042 E26FEPT1 jbell on PROD1PC69 with REMARKS E492 CONGRESSIONAL RECORD — Extensions of Remarks February 26, 2009 with DEA or exempt from registration by the RESOLUTION CALLING ON THE in the lives of two constituents of mine, Mr. Act or by DEA regulations. Another central EGYPTIAN GOVERNMENT TO RE- and Mrs. Roy Johnson. element of this closed system is that DEA reg- SPECT HUMAN RIGHTS AND RE- On March 7, 2009, the Johnsons will cele- istrants must maintain strict records of all LIGIOUS FREEDOM brate their 50th wedding anniversary. Both transactions in controlled substances. Con- Roy and Sybil Johnson were born in the Alex- sistent with the Controlled Substances Act, HON. FRANK R. WOLF andria/Saks area of Alabama. In fact, they were high school sweethearts. Over the years, current DEA regulations employ a system to OF VIRGINIA IN THE HOUSE OF REPRESENTATIVES Roy and Sybil have been blessed with two account for all controlled substances received, daughters, Delane O’Kelley and Ginger Gard- stored, distributed, dispensed, or otherwise Thursday, February 26, 2009 ner; and 4 grandchildren, Grant, Gray, Bradley disposed of. Mr. WOLF. Madam Speaker, I rise today to and Brock. The Johnsons now also have one Take-back programs are unlikely to have ask my colleagues to join me in calling on the great grandchild, Katlyn Grace. the resources to separate controlled sub- Egyptian government to respect human rights I would like to congratulate Roy and Sybil stances from other medications or to provide and religious freedom by supporting the res Johnson for reaching this important milestone a detailed accounting of the kind contemplated which I have just introduced. in their lives. They are shining examples of in the Controlled Substances Act. Take-back Each year the United States gives Egypt ap- love and dedication for us all, and I wish them and their family all the best at this important programs currently in operation have dem- proximately $1.5 billion in foreign military assistance—with no strings attached. No strings occasion. onstrated that it is possible nonetheless to attached. f protect against diversion. It will be particularly The United States gives Egypt $1.5 billion a important for DEA model programs to provide year and the Egyptian government continues ON RECOGNIZING NATIONAL methods for tracking collected medications to arbitrarily detain and brutally torture human PEACE CORPS WEEK AND THE that are cost-effective for the state to imple- rights and democracy activists, bloggers, and 48TH ANNIVERSARY OF THE ment and operate. members of opposition political parties in its PEACE CORPS Finally, the Safe Drug Disposal Act prohibits attempt to suppress dissent. pharmaceutical companies from recom- The United States gives Egypt $1.5 billion a HON. MAZIE K. HIRONO mending flushing as a means of disposal on year and the government of Egypt continues OF HAWAII to show utter and blatant disregard for human prescription drug labels. Guidelines issued by IN THE HOUSE OF REPRESENTATIVES rights and religious freedom. Thursday, February 26, 2009 the White House Office of National Drug Con- The United States gives Egypt $1.5 billion a trol Policy recommend that the general public year and Egypt continues to allow weapons to Ms. HIRONO. Madam Speaker, I rise today dispose of their waste pharmaceuticals in be smuggled to Hamas through elaborate net- to celebrate National Peace Corps Week household trash, except for thirteen sub- works of underground tunnels. (February 23–March 2) and recognize the 48 stances which should be flushed down the toi- The United States gives Egypt $1.5 billion a years of commitment to peace made by our let. The federal guidelines recommend the year and Egyptian government deploys an ar- nation’s Peace Corps volunteers. flushing of these thirteen substances because senal of Washington’s heavy hitter lobbyists to Following a call to service by President their drug labels (required of all pharma- peddle excuses for the deplorable conduct of John F. Kennedy, more than 195,000 Ameri- ceutical products and resulting from the Food the Egyptian government. cans have served our country in the cause of and Drug Administration’s approval process) If you speak to the Egyptian on the street, peace by living and working in 139 developing nations. recommend flushing. you will find that they long for freedom. They long to speak without censure, assemble in Currently, 7,876 Peace Corp volunteers are This bill provides that, in approving an appli- absence of fear and worship in peace. So I making significant and lasting contributions to cation for a medication, FDA shall ensure that call on the Egyptian government to respect improve the lives of individuals and commu- the labeling not include any recommendation these fundamental rights. nities in 76 countries. This selfless group in- or direction to dispose of the medication by We too often forget how we are blessed to cludes the following volunteers from Hawaii: means of a public or private wastewater treat- live in the United States of America. But to Claire Albrecht in Zambia; Kristel Balbarino ment system, such as by flushing down the whom much is given, much is required. Amer- and Holly Horcajo in Nicaragua; Jack Chow toilet. The bill also directs FDA to conduct a ica has a responsibility to the world. and Noa Thomas in Vanuatu, Theresa Duddy review of the labeling of medications already President Ronald Reagan once said that the in Madagascar; Rachel Grossman in Ukraine; on the market, and to order any labeling that Constitution is ‘‘a kind of covenant. It is a cov- Ashley Jones in Micronesia; Kevin Kalhoefer includes a recommendation or direction to dis- enant we’ve made not only with ourselves but in Cambodia; Serette Kaminski in Niger; Ni- cole Nakama in Botswana; Kevin Schmitz in pose of the medication by means of a public with all of mankind.’’ We have a rare opportunity before us. The Dominican Republic; Mai Shintani in Gambia; or private wastewater treatment system, such fact is that we not only have the opportunity, and Theodore Varns in Guatemala. as by flushing down the toilet, to be revised to we have the obligation to stand up for freedom I also want to recognize and thank the many exclude that recommendation or direction. where it is stifled, and to seek out justice Peace Corps alumni who reside in Hawaii. I This order would be required to be issued where there is tyranny. have many friends who are former Peace within one year of enactment of the bill. This nation was founded upon the principle Corps members. To a person, each has told CONCLUSION that every man is endowed with certain in- me that their time of service had a major im- alienable rights. These are the principles pact on their lives. Madam Speaker, it is clear that the lack of which led this nation to rise to greatness. Let Aloha and mahalo to all Peace Crops volun- an effective disposal mechanism for excess us not turn our backs on these principles now. teers past and present for your work in controlled substances and other pharma- This resolution will put Congress on the strengthening the ties of friendship and under- ceuticals, including over-the-counter medica- right side of history. I urge its passage. standing between the people of the United tions, is contributing to contamination of our f States and others around the world. drinking water supply and putting aquatic wild- f IN RECOGNITION OF THE 50TH AN- life at risk. It is also associated with a dan- NIVERSARY OF MR. AND MRS. RECOGNIZING THE PEACE CORPS gerous increase in nonmedical use of pharma- ROY JOHNSON VOLUNTEERS FROM OREGON’S ceuticals, especially among our young people. 3RD DISTRICT While it is easy to identify the problem, it is more difficult to devise a solution that con- HON. MIKE ROGERS OF ALABAMA HON. EARL BLUMENAUER sumers and law enforcement professionals will OF OREGON both accept. This bill will allow States to adopt IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES take-back programs suited to the needs of Thursday, February 26, 2009 their communities, and as such will help our Mr. ROGERS of Alabama. Madam Speaker, Thursday, February 26, 2009 nation to move toward a comprehensive solu- I respectfully request the attention of the Mr. BLUMENAUER. Madam Speaker, Presi- tion. House to pay recognition to an important day dent Kennedy, speaking 48 years ago at the

VerDate Nov 24 2008 04:24 Feb 27, 2009 Jkt 079060 PO 00000 Frm 00030 Fmt 0626 Sfmt 9920 E:\CR\FM\A26FE8.043 E26FEPT1 jbell on PROD1PC69 with REMARKS February 26, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E493 establishment of the Peace Corps, remarked HONORING MR. BEN GRAY INTRODUCTION OF THE TEACHING that, ‘‘The initial reactions to the Peace Corps GEOGRAPHY IS FUNDAMENTAL proposal are convincing proof that we have, in ACT this country, an immense reservoir of such HON. LEE TERRY men and women—anxious to sacrifice their OF NEBRASKA HON. CHRIS VAN HOLLEN energies and time and toil to the cause of IN THE HOUSE OF REPRESENTATIVES OF MARYLAND world peace and human progress.’’ As the IN THE HOUSE OF REPRESENTATIVES proud father of a Peace Corps volunteer, I Thursday, February 26, 2009 know what was true in 1961 is true today; Thursday, February 26, 2009 Peace Corps Volunteers are an outstanding Mr. TERRY. Madam Speaker, Black History Mr. VAN HOLLEN. Madam Speaker, I rise group of men and women serving the cause of Month provides a wonderful opportunity to rec- today to introduce the Teaching Geography is humanity across the globe. ognize the many successful and talented Afri- Fundamental Act, a bill to help ensure that all During this National Peace Corps Week, I can-Americans in my district. Today it is my young people acquire the vital global knowl- want to honor the service and commitment of great honor to recognize one in particular—Mr. edge they need to compete in today’s increas- the Peace Corps Volunteers from Oregon’s Ben Gray. ingly-connected world. I thank my colleagues, 3rd Congressional district and express my Ben Gray is an outstanding advocate for the Representatives BLUNT, WALZ, and EHLERS, pride in my fellow Oregonians who have cho- youth of Omaha, Nebraska. After graduating for their leadership and hard work on this sen to devote years of their lives in service to from high school, Gray joined the U.S. Air issue. others. Force. In 1973, he joined KETV television sta- Madam Speaker, our nation is facing a cri- In particular, I want to recognize those tion located in Omaha. During his time at sis in geographic knowledge. Sixty-three per- Peace Corps Volunteers who have begun their KETV, he worked his way from photo lab as- cent of young adults cannot locate Iraq on a service in the past year: Laura Baetscher sistant to news photographer and producer map of the Middle East. Seventy-five percent (Honduras); Laura Bradford (Belize); Meaghan and host of ‘‘Kaleidoscope’’, a weekly half- cannot find Iran. Half cannot locate New York Corwin (Armenia); Paul Council (Moldova); hour public service program. He has received on a map of the United States. Reianna Darosa (Guatemala); Anna Dinh local and nation awards as a reporter and These statistics are emblematic of a general (Cameroon); Alana Harris (Guatemala); Mat- photographer. lack of knowledge about the world that is trou- thew Jones (Malawi); Daniel Koza (Uganda); Ben is actively involved with at-risk youth bling in a time when the United States must Serene Loh (Botswana); Elizabeth Nolan volunteering his time with C.W. Boxing Club. compete in a global marketplace. We need (Nicaragua); David Schilmoeller (Bulgaria); He is also Chairman of the Omaha Public Americans to know and understand the coun- Lacey Sugarman (Uganda); Allison Wells (Jor- Schools African-American Achievement Coun- tries and cultures that are or could become dan); and Erik Wells (Jordan). cil, a group that works to close the achieve- our political and economic partners. It is unac- Their work to empower people and commu- ment gap between black and white students. ceptable that seventy-one percent of young nities in developing countries is an invaluable Ben is a familiar face, as he remains active in Americans do not know that the United States contribution to creating a safe and prosperous promoting equal rights and helping students to is the world’s largest exporter of goods. It is world, building bridges between America and achieve success. He is active, involved and unacceptable that, despite the fact that it is the world, and establishing a better future for committed to helping children and bettering the world’s largest democracy, nearly half of people everywhere. our community. Our nation would benefit from young adults do not know where India is lo- f more people like Ben. cated. We need to improve our children’s under- THE TAXPAYER’S FREEDOM OF f standing of their world both within and beyond CONSCIENCE ACT our country’s borders. The Teaching Geog- RECOGNIZING BOSNIAN raphy is Fundamental Act will do just that. It HON. RON PAUL INDEPENDENCE DAY would authorize federal funding to improve OF TEXAS student achievement, increase teacher train- IN THE HOUSE OF REPRESENTATIVES ing, encourage education research, and de- Thursday, February 26, 2009 HON. RUSS CARNAHAN velop effective instructional materials and OF MISSOURI strategies for geography education. It will le- Mr. PAUL. Madam Speaker, I am pleased to verage and expand support for geography introduce the Taxpayers’ Freedom of Con- IN THE HOUSE OF REPRESENTATIVES education partnerships. And it will prepare science Act, which forbids federal funds from Thursday, February 26, 2009 America’s students to move forward and suc- being used for population control or ‘‘family ceed in a rapidly-changing, competitive, global planning.’’ The recent executive order allowing Mr. CARNAHAN. Madam Speaker, I rise economy. those who perform and/or promote abortion today to pay tribute to Bosnian independence. It is time to be sure that American citizens overseas to receive taxpayer money brings As a founding member and Co-Chairman of are informed citizens of the world. I ask my new urgency to the need to protect pro-life the Bosnian Caucus, and having the distinct colleagues to join Congressmen BLUNT, WALZ, Americans from being forced to subsidize pleasure of representing a growing, vibrant EHLERS, and me and support the Teaching abortion. community of Bosnian-Americans in St. Louis, Geography is Fundamental Act. It is not enough to say that ‘‘family planning’’ Missouri—one of the largest Bosnian-Amer- f groups may not use federal funds to perform ican communities in the U.S.—I am pleased to or promote abortion. After all, since money is offer these encouraging words to recognize PAYDAY LOAN REFORM ACT OF fungible, federal funding of any activities of March 1 as Bosnian Independence Day. 2009 these organizations forces taxpayers to under- Their appreciation for this country and op- write the organizations’ abortion activities. portunities it affords is reflected in their hard HON. LUIS V. GUTIERREZ Thus, the Taxpayers’ Freedom of Conscience work and determination to make a difference OF ILLINOIS Act is the only way to protect taxpayers from in their communities and nation. Collectively, IN THE HOUSE OF REPRESENTATIVES having to support what they ‘‘disbelieve and and as self-reliant individuals they have rein- Thursday, February 26, 2009 abhor.’’ vigorated our St. Louis region, and exemplify Thomas Jefferson eloquently made the case Mr. GUTIERREZ. Madam Speaker, I rise the definition of good neighbors and friends. for Taxpayer’s Freedom of Conscience Act today in support of the ‘‘Payday Loan Reform when he said that: ‘‘To compel a man to fur- With an understanding that this nation’s Act of 2009.’’ During turbulent economic times nish contributions of money for the propaga- greatness was built by those who sought out like these, many Americans are searching for tion of opinions which he disbelieves and ab- America and all she has to offer, we can dur- ways to meet their financial obligations. It is hors is sinful and tyrannical.’’ ing these hard times take comfort, learn by unfortunate that some in the financial services I hope all my colleagues will join me in help- their example, and see that with a sense of industry have actually profited from the finan- ing end the ‘‘sinful and tyrannical’’ policy of community and purpose there is no challenge cial pain of hard-working citizens who are forcing pro-life Americans to subsidize, either too great to overcome. doing their very best to provide for their fami- directly or indirectly, abortion by cosponsoring Today, I join Bosnian-Americans with great lies. This Congress should not and will not sit the Taxpayer’s Freedom of Conscience Act. pride and hearty congratulations. back and watch that happen.

VerDate Nov 24 2008 04:24 Feb 27, 2009 Jkt 079060 PO 00000 Frm 00031 Fmt 0626 Sfmt 9920 E:\CR\FM\A26FE8.047 E26FEPT1 jbell on PROD1PC69 with REMARKS E494 CONGRESSIONAL RECORD — Extensions of Remarks February 26, 2009 For more than a decade, I have been con- must be given both in the loan documents be- ell St., Cadillac, Michigan 49601; Yates Dial-A- cerned about my constituents becoming fore obtaining a payday loan and in similar Ride, 1987 E. U.S. 10, Idlewild, Michigan trapped in the cycle of debt caused by unfair disclosures posted in the lender’s public busi- 49642; Harbor Transit, 440 North Ferry St., payday loans. Consumers sometimes prefer ness area, Web site and/or printed advertising Grand Haven, Michigan 49417; Muskegon these loans because the credit history require- and solicitation materials. Disclosures must be Area Transit System, 2624 6th Street, Mus- ment imposed by traditional banks is waived. in English and in Spanish, as well as the lan- kegon, Michigan 49444; Ludington Mass Tran- Unfortunately, those who most need these guage in which the loan was negotiated. sit, 5545 West Carr Street, Ludington, Michi- loans are often the least able to repay them. Finally, the legislation guarantees con- gan 49431; Macatawa Area Express, 171 Lin- The consumer is then subjected to exception- sumers additional protections relating to var- coln Ave. Suite 20, Holland, Michigan 49423; ally high interest rates, ranging from 261 per- ious potentially abusive terms and practices Benzie Transportation Authority, 12762 Honor cent to 913 percent annually. currently used by payday lenders. For exam- Highway, Honor, Michigan 49640. The ‘‘Payday Loan Reform Act of 2009,’’ ple, I have already explained that the bill pro- Description of Request: Provide $285,000 which I am introducing today, provides signifi- hibits lenders from taking a security interest in for Cadillac/Wexford Transit Authority for the cant new federal protections for payday loan a consumer’s personal property or seeking to purchase of replacement transit buses and im- consumers by restricting or prohibiting certain have the consumer prosecuted in criminal proved transit facility; provide $190,000 for predatory payday loan terms and lending prac- court for nonpayment of the loan. However, it Yates Dial-A-Ride for the purchase of replace- tices. The bill focuses on the two major con- would also prohibit unfair mandatory arbitra- ment transit buses; provide $152,000 for Har- cerns with regard to payday loans: the fees tion clauses and grant consumers the right to bor Transit for the purchase of replacement charged and the ‘‘cycle of debt’’ that occurs rescind a loan by notifying the lender in writing transit buses; provide $427,500 for Muskegon when consumers are not able to immediately and returning the money no later than the end Area Transit System for the purchase of re- repay their loans. of the second business day after the loan placement transit buses, provide $190,000 for First, the bill caps payday loan fees and in- agreement was executed. Ludington Mass Transit for the purchase of re- terest rates at a total of 15 cents for every dol- Specifically, additional penalties of up to placement transit buses; provide $256,500 for lar borrowed. This fee and rate cap is lower $10,000 per violation could be imposed; and Macatawa Area Express for the purchase of than the fees allowed in 23 states, and would state attorneys general, as well as consumers, replacement transit buses; and provide save consumers roughly $250 million annually will be allowed to enforce the Act. Additionally, $190,000 for Benzie Transportation Authority through federally mandated lower fee levels. states will be free to provide consumers with for the purchase of replacement transit buses. Undoubtedly, many in the payday industry will additional or greater protections than are pro- This request is consistent with the authorized claim that fee and rate caps this low will drive vided for in the ‘‘Payday Loan Reform Act of purpose of the Bus and Bus Facility Program lenders out of business. However, this fee is 2009.’’ in the Safe, Accountable, Flexible, Efficient, high enough to allow lenders to continue mak- I urge my colleagues to support this impor- Transportation Equity Act. ing such short-term credit advances, while at tant consumer protection bill. Requesting Member: Congressman PETE the same time providing consumers a credit f HOEKSTRA option that is less expensive than many credit Bill Number: H.R. 1105 card fees and rates, and substantially less ex- EARMARK DECLARATION Account: United States Department of Agri- pensive than overdraft protection charges culture/Cooperative State Research, Edu- through banks. HON. PETER HOEKSTRA cation, and Extension Services (USDA/ The second major concern addressed in this OF MICHIGAN CSREES) Special Grants Account Legal Name of Requesting Entity: Michigan bill relates to the ‘‘cycle of debt’’ that too often IN THE HOUSE OF REPRESENTATIVES traps consumers when they cannot repay their State University Thursday, February 26, 2009 payday loan when first due. As a result, many Address of Requesting Entity: 484 Adminis- payday lenders force borrowers to rollover Mr. HOEKSTRA. Madam Speaker, pursuant tration Building, East Lansing, MI, 48824–9190 their payday loan or obtain a new loan to pay to the House Republican standards on ear- Description of Request: Provide $346,000 off the initial loan, while piling on additional marks, I am submitting the following informa- for fire blight research at Michigan State Uni- fees. The ‘‘Payday Loan Reform Act of 2009’’ tion regarding direct funding the Second Con- versity. Approximately, $148,000 is for the sal- prohibits these rollovers (i.e., extensions of the gressional District of Michigan received as part aries of laboratory and field research personal; loan term in exchange for an additional fee). of H.R. 1105. and $36,000 is for materials and supplies. Under the bill, payday lenders would be Requesting Member: Congressman PETE Michigan State University has obtained fund- banned from rolling over loans, and they HOEKSTRA ing from the Michigan Apple Committee and would be required to give consumers the op- Bill Number: H.R. 1105 industry sources and will continue to fund the tion of entering into a repayment plan in the Account: Army Corps of Engineers, Oper- fire blight research at MSU at a level of $52, event that they could not repay their loan ations and Maintenance 500 in FY09. when due. The repayment plan will allow con- Legal Name of Requesting Entity: Detroit Requesting Member: Congressman PETE sumers to repay the loan over an extended District of the U.S. Army Corps of Engineers HOEKSTRA Address of Requesting Entity: 477 Michigan Bill Number: H.R. 1105 period of time without any additional fees or Account: USDA/Cooperative State Re- Avenue, Detroit, Michigan 48226–2550 other charges whatsoever. The bill’s repay- search, Education and Extension Services Re- Description of Request: Provide $75,000 for ment plan requirements are generally far search and Education stronger than those found in the few state operations and maintenance of Arcadia Har- Legal Name of Requesting Entity: Michigan laws that mandate such plans. bor. Provide $275,000 for operations and State University These three key provisions—capping fees, maintenance of Frankfort Harbor. Provide Address of Requesting Entity: 109 Agri- prohibiting rollovers and requiring extended re- $82,000 for operations and maintenance of culture Hall, East Lansing, Michigan 48824 payment plans—would supersede state law Pentwater Harbor. Provide $325,000 for oper- Description of Request: Provide $346,000 in provisions when such state provisions are less ations and maintenance of Muskegon Harbor. funding for Phytophthora research at Michigan consumer-friendly. In all other areas, the bill’s Provide $410,000 for operations and mainte- State University. Approximately 85 percent of requirements would provide a minimum na- nance of Ludington Harbor. Provide $546,000 the funding will go to researchers, technicians tional standard for consumer protections, with for operations and maintenance of Holland and students. Approximately 15 percent will be states free to enact tougher payday lending Harbor. Provide $1,218,000 for operations and used for materials, supplies and administra- restrictions. maintenance of Grand Haven Harbor. This re- tion. Michigan State University has received The legislation also mandates that con- quest is consistent with the intended and au- outside sources of funding for Phytophthora sumers receive special warnings and disclo- thorized purpose of the Army Corps of Engi- research as well. This funding is consistent sures, stating that these short-term payday neers, Operations and Maintenance account. with the authorized purpose of the Coopera- loans are only intended for short-term needs, Requesting Member: Congressman PETE tive State Research, Education and Extension that credit counseling should be considered, HOEKSTRA Service. that no criminal prosecution can occur for non- Bill Number: H.R. 1105 Requesting Member: Congressman PETE payment nor may security interest be taken in Account: Bus and Bus Facility Program HOEKSTRA the consumer’s personal property, and that an (Section 5309) Bill Number: H.R. 1105 interest-free, no-cost repayment plan will be Requesting Entities And Addresses: Cad- Account: Community Development Fund/ available if needed. These disclosure notices illac/Wexford Transit Authority, 1202 N. Mitch- Economic Development Initiative

VerDate Nov 24 2008 04:24 Feb 27, 2009 Jkt 079060 PO 00000 Frm 00032 Fmt 0626 Sfmt 9920 E:\CR\FM\A26FE8.052 E26FEPT1 jbell on PROD1PC69 with REMARKS February 26, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E495 Legal Name of Requesting Entity: Michigan Beyond delivering letters and packages, the fied organisms, synthetic compounds, and State University United States Postal Service is an important other agents identified in Homeland Security Address of Requesting Entity: 188 Howard community partner in protecting the wellbeing risk assessments—to ensure that its database Ave., Holland, Michigan 49424 of my constituents. For three decades, the is current and comprehensive. Description of Request: Provide $142,500 in Postal Service has had a ‘‘Carrier Alert’’ pro- It encourages the sharing of information with funding for the conversion of a former pharma- gram in which Postal Carriers are empowered State emergency planning officials, which is ceutical plant into a center for bio-based start- to alert social service agencies and law en- vital to ensuring that first responders have the up companies and research. Approximately 95 forcement when they suspect a threat to the tools they need to prevent or respond to an at- percent of the funding will go to equipment ac- safety of their customers. The ‘‘Carrier Alert’’ tack. quisition and plant re-conditioning. The project program is a natural extension of the care that And it ensures minimum biosecurity and bio- has received funding from and will be sup- Postal Carriers have traditionally shown for safety standards for the training of workers in ported by Lakeshore Advantage, Holland-Zee- their customers’ wellbeing. Mr. Cauley has the laboratories that deal with the most dan- land Community Foundation, State of Michi- demonstrated the great impact that the pro- gerous agents. gan and U.S. Department of Labor. gram can have in protecting the lives of com- The threat of biological terrorism on U.S. Requesting Member: Congressman PETE munity members. soil is real and there is still room to improve HOEKSTRA Mr. Cauley has established himself as a role the way our country tracks and transfers po- Bill Number: H.R. 1105 model amongst his professional colleagues tentially dangerous materials that could be Account: Department of Energy/Energy Effi- and community members, demonstrating what used against us in an attack. This bill will help ciency and Renewable Energy it is to be a dedicated citizen, on how to care that effort. Legal Name of Requesting Entity: Michigan for our neighbors, and the importance of rising Nearly a decade has passed since Alternative and Renewable Energy Center to an occasion when circumstances neces- weaponized anthrax was anonymously mailed Address of Requesting Entity: 200 Viridian sitate it. I know that Mrs. O’Brien, her family, as an attack on Americans. We must act swift- Drive, Muskegon, Michigan 49440 and her friends are grateful for his caring ac- ly to improve our capabilities to eliminate Description of Request: Provide $1,427,250 tions. On behalf of the Congressional Sixth these dangers. in funding for an offshore wind demonstration District, I thank Mr. Melvin Cauley, Jr. for help- f project at the Michigan Alternative and Re- ing to save the life of Mrs. Margaret O’Brien. TRIBUTE TO MIKE AND MARIA newable Energy Center. Approximately two- f thirds of the funding will be used for the pur- VASQUEZ chase and installation of the wind turbine. Ap- INTRODUCTION OF THE ‘‘SELECT proximately 30 percent will be used for tech- AGENT PROGRAM AND BIO- HON. KEN CALVERT nical support and interface, environmental im- SAFETY IMPROVEMENT ACT OF OF CALIFORNIA pact, education and economic studies for the 2009’’ IN THE HOUSE OF REPRESENTATIVES use of offshore wind turbines in Lake Michi- Thursday, February 26, 2009 gan. The project will be supported by Grand HON. JANE HARMAN Valle State University, Muskegon Area First OF CALIFORNIA Mr CALVERT. Madam Speaker, I rise today to honor and pay tribute to two individuals and L–3 Communications. IN THE HOUSE OF REPRESENTATIVES f whose dedication and contributions to the Thursday, February 26, 2009 community of Corona, California are excep- TRIBUTE TO MELVIN CAULEY Ms. HARMAN. Madam Speaker, no one can tional. Corona has been fortunate to have dy- forget the 2001 anthrax letter attacks, which namic and dedicated community leaders who HON. GREGORY W. MEEKS killed five people, paralyzed the Postal Serv- willingly and unselfishly give their time and tal- OF NEW YORK ice, and affects the flow of mail to Capitol Hill ent and make their communities a better place IN THE HOUSE OF REPRESENTATIVES to this day. to live and work. Mike and Maria Vasquez are In response, Congress expanded the Select two of those individuals. On January 17, 2009, Thursday, February 26, 2009 Agent Program, which monitors the posses- Mike and Maria Vasquez were honored at the Mr. MEEKS of New York. Madam Speaker, sion and use of potentially dangerous biologi- Corona Chamber of Commerce’s 94th Annual I am honored to recognize a true hero that cal agents and toxins. Installation and Awards Gala and received the has emerged in the New York Congressional But, the program’s authorization expired in 2008 Citizen of the Year Award. Sixth District. Mr. Melvin Cauley, Jr. has 2007, and serious problems persist. Earlier Mike and Maria Vasquez are wonderful peo- served the Far Rockaway community for five this month, researchers at the Army Medical ple that have worked their way up from hum- years as a United States Postal Service Mail Research Institute of Infectious Diseases re- ble beginnings and turned one restaurant into Carrier. He has walked the community’s ceived another wake-up call. a successful family empire. In 1973, upon re- streets to deliver the letters and packages that They discovered serious gaps in record- ceiving a Corona restaurant named Chile Pep- are vital to the livelihood of many of my con- keeping after finding germ samples not listed per, they entered the restaurant business, re- stituents. Now, Mr. Cauley walks the commu- in their database. Since then, the Army has naming the establishment ‘‘Miguel’s’’ in honor nity’s streets as a hero, as a citizen who went suspended some research at the lab while an of Mike’s grandfather. Maria developed dishes above and beyond his professional duties to inventory of dangerous agents is conducted. based on recipes from her childhood in Mex- save the life of Mrs. Margaret O’Brien, a 70- That is why it is so important to reintroduce ico. They focused on exceeding customer year-old resident of Rockaway Beach. today the Select Agent Program and Biosafety service expectations and delivering fresh On January 29th, Mrs. O’Brien experienced Improvement Act with my friend MIKE ROGERS great-tasting food while offering an inviting a traumatic fall that rendered her helpless on in the House and Senators KENNEDY and ambiance and providing a culture of integrity her kitchen floor. For the next several days, BURR in the Senate. and self-responsibility. It was Mike and Maria’s Mr. Cauley delivered Mrs. O’Brien’s mail with- The bill requires an assessment of the gov- work ethic and undaunted ambition that has out incident. Finally on February 5, Mr. Cauley ernment’s ability to track and control the dan- ensured the success of Miguel’s. took notice of the accumulated mail not col- gerous substances that can be used to con- In 1975, Mike and Maria purchased a fast- lected by Mrs. O’Brien. This concerned him struct dangerous weapons. food restaurant two miles from the original. because Mrs. O’Brien often greeted him to re- It reauthorizes and updates the Select Miguel’s Jr., as they called it, was immediately ceive his daily delivery. Mr. Cauley took action Agent Program, which limits access to and embraced by the community. Today, the origi- by notifying the 100th Police Precinct of her controls the transfer of dangerous biological nal Miguel’s has two locations in Corona in- absence. At his insistence, the Police visited agents and toxins. cluding their newest location at Dos Lagos, Mrs. O’Brien’s home. Upon entering, they It requires the National Academy of and Miguel’s Jr. has expanded to include found Mrs. O’Brien lying on the floor uncon- Sciences to conduct a comprehensive evalua- seven locations. Following the same business scious, but alive. She was taken to a local tion of the program and recommend ways in philosophies and family traditions that founded medical facility where she was stabilized and which it can be restructured, to enhance bio- the business, the Vasquez children are com- has recovered since then. Mrs. O’Brien, who security and international scientific collabora- mitted to growing Miguel’s. Their youngest had lain on her floor for seven days, was tion. son, Javier, is the President, Michael oversees saved because of the caring and decisive ac- It requires that the program consider newly Miguel’s Jr., and Carol and Sylvia serve in the tion of Mr. Cauley. discovered agents—such as genetically modi- corporate offices.

VerDate Nov 24 2008 04:24 Feb 27, 2009 Jkt 079060 PO 00000 Frm 00033 Fmt 0626 Sfmt 9920 E:\CR\FM\A26FE8.053 E26FEPT1 jbell on PROD1PC69 with REMARKS E496 CONGRESSIONAL RECORD — Extensions of Remarks February 26, 2009 In a large effort to honor their parents, Redevelopment is already underway. Plans EARMARK DECLARATION Javier worked with Corona City Councilman call for a community center to be built to serve Eugene Montanez to create a special park in as a property management office as well as a HON. JEFF FORTENBERRY Corona to honor his parents’ accomplishments resident services center that will be used to OF NEBRASKA and to be a place they could enjoy with their provide training and services to residents to IN THE HOUSE OF REPRESENTATIVES grandchildren. Their vision materialized this become self sufficient. This center is slated to past August when the Citrus Park splash zone be a LEED Certified as a green building. Thursday, February 26, 2009 opened to throngs of happy families. I’m proud Requesting Member: Congressman VERN Mr. FORTENBERRY. Madam Speaker, pur- to say that the Citrus-themed playground is BUCHANAN suant to the Republican Leadership standards Corona’s first ever water park and was de- Bill Number: H.R. 1105 on member requests, I am submitting the fol- signed based on Corona’s proud citrus history. Account: Transportation, Community, and lowing information regarding the earmarks I The water park is yet another successful ven- System Preservation received as part of H.R. 1105, the FY09 Om- ture of the Vasquez family and a testament to Legal Name of Requesting Entity: Manatee nibus Appropriations Bill: their continued willingness to give back to the and Sarasota Counties Requesting Member: Congressman JEFF community. Address of Requesting Entity: 1112 Man- FORTENBERRY Mike and Maria’s tireless passion for com- atee Avenue West, Bradenton, FL 34205 Bill Number: H.R. 1105, FY09 Omnibus Ap- munity service has contributed immensely to (Manatee County) 1660 Ringling Blvd. Sara- propriations Bill the betterment of Corona, California. Vol- sota, FL 34236 (Sarasota County) Account: Special Research Grants unteerism is a major part of the Vasquez’s life Description of Request: I secured $475,000 Project Name: Drought Mitigation and from their business, they support many Intelligent Transportation (ITS) project in Man- Amount: $469,000 non-profit organizations and schools. For more atee and Sarasota Counties. Name and Address of Requesting Entity: The counties are upgrading their signal sys- than 35 years, the Vasquez family has University of Nebraska-Lincoln located at 202 tems in order to deploy a more advanced traf- achieved success by focusing on the things Agricultural Hall, Lincoln, Nebraska 68583 fic management system. This project also that matter: community, family, and tradition. I Description: This funding is for the National complements a programmed State of Florida am proud to call Mike and Maria fellow neigh- Drought Mitigation Center (NDMC) which con- project to deploy ITS for the purpose of inci- bors, Americans and friends. I know that many ducts research and educational programs on dent management on 1–75. It is expected to community members are grateful for their drought mitigation and planning for drought. reduce vehicular delay by 9.5 million hours per service and we salute them in their recent The project has assisted numerous states and year and reduce fuel consumption by 3.8 mil- award. municipalities in developing drought plans and lion gallons per year. f implementing drought response action teams. The counties have been coordinating their The Center has received national visibility for EARMARK DECLARATION efforts. Manatee County will incur a greater providing information on the severity of cost on this project; as a result funding should drought throughout the United States. Both HON. VERN BUCHANAN be split 60–40 between the counties. print and electronic mass media routinely use Manatee County’s project is called Ad- Center produced materials in their news sto- OF FLORIDA vanced Traffic management System (ATMS), IN THE HOUSE OF REPRESENTATIVES ries on the drought. while Sarasota County has designated theirs The NDMC’s program is directed at less- Thursday, February 26, 2009 ITS. ening societal vulnerability to drought through Mr. BUCHANAN. Madam Speaker, pursuant Requesting Member: Congressman VERN a risk-based management approach. The to the Republican Leadership standards on BUCHANAN NDMC works with local, state, and tribal gov- earmarks, I am submitting the following infor- Bill Number: H.R. 1105 ernments, federal agencies, and non-govern- Account: Transportation, Community, and mation regarding earmarks I received as part mental organizations. The objectives of the System Preservation of H.R. 1105, the Omnibus Appropriations Act, Legal Name of Requesting Entity: Hardee NDMC are: (1) to develop and evaluate exist- 2009: County ing drought policies and plans in the United Requesting Member: Congressman VERN Address of Requesting Entity: 412 West Or- States and elsewhere with the goal of improv- BUCHANAN ange Street, Room 103, Wauchula, Fl. 33873 ing drought-coping capacity and (2) to develop Bill Number: H.R. 1105 Description of Request: I secured $332,500 for and evaluate new techniques and methodolo- Account: Department of Justice—COPS Bridge costs on US–17. gies for monitoring drought severity and its im- Law Enforcement Technology Funds will be utilized to construct a 500′ by pacts, identifying and classifying users in the Legal Name of Requesting Entity: Manatee 43′ bridge in the Hardee County Line/CR 634 United States and elsewhere. Community College segment. The project is an important compo- Requesting Member: Congressman JEFF Address of Requesting Entity: 5840 26th nent of the larger project to four-lane US–17 FORTENBERRY Street West, Bradenton FL 34207 in Hardee County. Bill Number: H.R. 1105, FY09 Omnibus Ap- Description of Request: I secured $200,000 This larger project is important for safety propriations Bill for an Emergency Notification System using and economic reasons. US–17 four laned en- Account: Buildings and facilities VOIP at Manatee Community College. tirely will be a valuable evacuation route dur- Project Name: Systems Biology Research VOIP technology offees many advantages; ing hurricanes. Also, it would provide an eco- Facility one of the biggest is the convergence be- nomic boom as many businesses are looking Amount: $1,088,000 tween voice and data, which offers possibili- to the area in their future plans. Name and Address of Requesting Entity: ties beyond regular telephone or e-mail serv- Requesting Member: Congressman VERN University of Nebraska-Lincoln located at 202 ices. A good example is using VOIP for mass BUCHANAN Agricultural Hall, Lincoln, Nebraska 68583 notifications, in which a user can send an alert Bill Number: H.R. 1105 Description: This funding will be used to- message simultaneously to a large audience Account: Alternative Analysis ward construction of a University of Nebraska- in multiple ways such as text messaging, Legal Name of Requesting Entity: Sarasota Lincoln (UNL)/Agricultural Research Service voice mail and e-mail. Funds will be used to County (ARS) Research Facility. This facility would purchase equipment and the one-time cost of Address of Requesting Entity: 1660 Ringling provide critically needed space for UNL and installation and set-up. Blvd. Sarasota, Fl 34236 ARS research addressing two areas of na- Reqesting Member: Congressman VERN BU- Description of Request: I secured tional concern: renewable energy and water CHANAN $1,009,375 Sarasota County Bus Rapid Tran- resource conservation and management. Agri- Bill Number: H.R. 1105 sit. culture is expected to provide almost 40 per- Account: Economic Development Initiatives Sarasota County is expanding its transit cent of the nation’s liquid fuels within 30 Legal Name of Requesting Entity: Sarasota system with the most fuel-efficient vehicles years. This will further intensify demands on Housing Authority and the latest ITS technology. The Bus Rapid our soil and water resources. UNL and ARS Address of Requesting Entity: 1300 Blvd. of Transit Corridor Project will: connect areas of scientists have been collaborating at UNL the Arts, Sarasota, FL 34236 highest transit ridership access for key em- since the 1930s. Very strong collaborative pro- Description of Request: I secured $237,500 ployment sites; improve the operating effi- grams continue today, including the ARS pro- for the Sarasota Housing Authority to build a ciency of transit services, and support regional gram at UNL that has been developing im- LEED Certified community center. long-term land use goals. proved switchgrass varieties for 30 years and

VerDate Nov 24 2008 04:24 Feb 27, 2009 Jkt 079060 PO 00000 Frm 00034 Fmt 0626 Sfmt 9920 E:\CR\FM\A26FE8.056 E26FEPT1 jbell on PROD1PC69 with REMARKS February 26, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E497 is the leading program in the world on the use Bill Number: H.R. 1105, FY09 Omnibus Ap- Guard Camp at Ashland; National tele- of switchgrass for cellulosic ethanol. These propriations Bill communication lines; and Other public infra- scientists are scattered across the UNL cam- Account: Corps of Engineers—Construction structure. pus and the proposed building will enable Project: Sand Creek Environmental Restora- Construction of a separate but companion them to share collaborative, cutting-edge re- tion Project levee at the Nebraska National Guard Camp search space that will move this important re- Amount: $400,000 at Ashland was fully funded by the Congress search forward more rapidly. This project Name and Address of Requesting Entity: in the FY ’04 Military Construction Appropria- would advance major research focused on es- Lower Platte North Natural Resources District tions Bill and is completed. Neither of these sential national efforts. located at 511 Commercial Park Road, adjoining levees is effective without the other. Requesting Member: Congressman JEFF Wahoo, Nebraska 68066. Ice jams with the potential for flooding in the FORTENBERRY Description: The Sand Creek Project will re- area around Camp Ashland and the 1–80 Bill Number: H.R. 1105, FY09 Omnibus Ap- store several types of historic wetlands and Bridge where it crosses the Lower Platte River propriations Bill add to the national wetlands inventory in sup- occurred again as recently as 2001 and will Account: COPS Law Enforcement Tech- port of the Administration’s ‘‘net gain’’ national continue to be a significant threat until both of nology wetlands policy. A quantitative analysis of all these projects are completed. Project Name: Lincoln Police Department environmental outputs by the Corps of Engi- Requesting Member: Congressman JEFF Security Upgrades neers in addition to the Feasibility Study dem- FORTENBERRY Amount: $132,000 onstrated a significant level of benefits for this Bill Number: H.R. 1105, FY09 Omnibus Ap- Name and Address of Requesting Entity: wetland restoration project for the Lower Platte propriations Bill City of Lincoln located at 555 S. 10th Street, River watershed which serves the North Amer- Account: Corps of Engineers—Construction Lincoln, Nebraska 68508 ican Central Flyway. Project Name: Missouri National Rec- Description: The Lincoln Police Department The Sand Creek Project supports the na- reational River wants to take its first steps into the emerging tional goal of a net gain in American wetlands. Amount: $335,000 technology of digital recording systems for po- Active pursuit of this goal also provides for im- Name and Address of Requesting Entity: lice patrol cars. The proposal would equip 20 provements in water quality and water supply U.S. Army Corps of Engineers located at 106 police patrol vehicles with digital video sys- to achieve watershed improvement. Flooding S. 15th Street, Omaha, Nebraska 68102 tems integrated with the Department’s existing in Wahoo along the U.S. 77 Expressway cor- Description: This funding is for the Missouri mobile data computers. These systems will ridor occurred twice during 2006. Completion National Recreational River (MNRR), located capture video from car-mounted cameras onto of the wetlands restoration structure will also on the Missouri River from Gavins Point Dam flash memory media that can be downloaded provide flood damage reduction benefits and downstream to Ponca, Nebraska. Federal ac- for archiving. These systems will replace older the roadway allowing completion of this ex- tivities pursued within the MNRR must protect analog video tape recorders and cameras. pressway between Lincoln and Sioux City. and enhance the values for which it was des- This would integrate digital content into our This is a key segment of the expressway. ignated—scenic, recreational, fish and wildlife, extensive Intranet resources, so digital video Requesting Member: Congressman JEFF historic, and cultural. The U.S. Army Corps of can be used by police and prosecutors. Al- FORTENBERRY Engineers’ FY09 capability of $9 million would though many departments are beginning to Bill Number: H.R. 1105, FY09 Omnibus Ap- be used for bank stabilization, easement ac- make the transition to digital recording equip- propriations Bill quisition, and fee title purchase. ment, this integration is the key component of Account: Corps of Engineers—Construction Requesting Member: Congressman JEFF this project that differentiates it from most. The Project: Western Sarpy-Clear Creek Flood FORTENBERRY equipment will allow for greater efficiencies Damage Reduction Project Amount: Bill Number: H.R. 1105, FY09 Omnibus Ap- within the Department and accelerate informa- $2,775,000 propriations Bill tion-sharing with neighboring jurisdictions. Name and Address of Requesting Entity: Account: Section 205 Requesting Member: Congressman JEFF Papio-Missouri River Natural Resources Dis- Project Name: Fremont Section § 205 Flood FORTENBERRY trict located at 8901 S. 154th Street, Omaha, Bill Number: H.R. 1105, FY09 Omnibus Ap- Control Study NE 68138. Amount: No specific dollar amount propriations Bill Description: The Western Sarpy-Clear Account: Corps of Engineers—Construction Name and Address of Requesting Entity: Project Name: Antelope Creek Flood Dam- Creek Flood Damage Reduction Project is Lower Platte North Natural Resources District age Reduction Project: vital to the health and well-being of a large located at 511 Commercial Park Road, Amount: $400,000 number of Nebraskans. It is planned to protect Wahoo, Nebraska 68066 Name and Address of Requesting Entity: vital drinking water resources that supply up to Description: This funding is for the federal Lower Platte North Natural Resources District 50% of Nebraska’s population in the eastern share to complete the Fremont South Section located at 511 Commercial Park Road, part of the state from flooding due to potential 205 Flood Control Study. Funding for this Sec- Wahoo, Nebraska 68066. ice jams on the Platte River. Elected officials tion 205 project will continue urgent feasibility Description: The Antelope Creek Flood at local, regional and state levels in Nebraska planning to strengthen an existing flood control Damage Reduction Project is a critical ele- have been long committed to this project’s levee in order to remove a portion of South ment of a flood control, transportation and construction because of risk to water supplies Fremont from the threat of flooding in the 100 community revitalization project known as the and other infrastructure. year flood plain. This Fremont South area will Antelope Valley Project. The project is being Significant construction progress towards be soon identified by the Federal Emergency constructed in central Lincoln adjacent to the completion is vital to Nebraska in the year Management Agency (‘‘FEMA’’) as within the University of Nebraska Lincoln main campus ahead. The Congress has provided construc- designated flood plain. The total cost of the to improve flood control, transportation net- tion funding for the past four years in the En- project is $1,086,000 split equally between the works and community well-being in the city’s ergy and Water Development Appropriations Corps of Engineers and the nonfederal spon- down-town area. Act. sor. Essential to progress on the entire Antelope In 1993, flooding in the Lower Platte sev- Requesting Member: Congressman JEFF Valley Project is the completion of the flood ered one-half of the City of Lincoln’s water FORTENBERRY damage reduction component. This multi-pur- supply and catastrophe was again threatened Bill Number: H.R. 1105, FY09 Omnibus Ap- pose project is a partnership of the City of Lin- in 1997 from ice-jam induced flooding. That propriations Bill coln, the University of Nebraska Lincoln, and portion of the new Omaha Metropolitan Utili- Account: Section 205 the Lower Platte South Natural Resources ties District well field on the western side of Project Name: Schuyler Section 205 Flood District, along with the U.S. Army Corps of En- the Platte River now under development south Control Study gineers and the federal Departments of Trans- of U.S. Highway 92 will also receive vital pro- Amount: No specific dollar amount portation and Housing and Urban Develop- tection from this project. Treatment facilities Name and Address of Requesting Entity: ment. The project reduces flooding threats to for water from this well-field will be completed Lower Platte North Natural Resources District over 800 dwellings and businesses and 1,200 in the months ahead. located at 511 Commercial Park Road, floodplain residents and removes 100-year Additionally, this project is needed to pro- Wahoo, Nebraska 68066 floodplain restrictions on 400 acres. vide protection to: I–80 and U.S. Highway 6; Description: This funding under the Section Requesting Member: Congressman JEFF The Burlington Northern Santa Fe Railroad, an 205 authority is for the federal share to con- FORTENBERRY Amtrak line; Military facilities at the National tinue the Schuyler, Nebraska Flood Control

VerDate Nov 24 2008 04:24 Feb 27, 2009 Jkt 079060 PO 00000 Frm 00035 Fmt 0626 Sfmt 9920 E:\CR\FM\A26FE8.058 E26FEPT1 jbell on PROD1PC69 with REMARKS E498 CONGRESSIONAL RECORD — Extensions of Remarks February 26, 2009 Study. The amount requested will continue the steam and gas turbines and could include sources in addition to providing educational Schuyler, Nebraska § 205 Flood Control solar, wind, and fuel cells. The intelligent con- opportunity for area residents at an affordable Study. The purpose of the study is to plan for trols developed by this project will decide in price. The primary purposes of the joint center mitigation of flooding in 40% of the city which real time which energy source to employ and are: is anticipated to be placed in the flood plain how much to charge and discharge storage to improve access to higher education in an for the first time when designated by FEMA. systems to balance energy use and emissions underserved area of Nebraska with special The total cost of the study is $772,000 split over a year. These controls will enable opera- focus on the large number of minority and equally between the Corps of Engineers and tors to determine the optimal mix of on-site first-generation students in the region the non-federal sponsor. power generation and utility grid-supplied to offer comprehensive ‘‘start-to-finish’’ de- Requesting Member: Congressman JEFF power needed for large buildings to maximize gree programs that will allow place-bound stu- FORTENBERRY energy consumption and carbon emission dents to earn associate’s, bachelor’s, and Bill Number: H.R. 1105, FY09 Omnibus Ap- credits. This research will lead to improved master’s degrees in focus areas without hav- propriations Bill distributed generation applications in retrofit ing to relocate Account: Energy Efficiency and Renewable and new construction that reduce the energy to support economic and community devel- Energy use and carbon footprint of buildings. opment in the region through workforce train- Project Name: Bioenergy Demonstration Requesting Member: Congressman JEFF ing and consolidation of services Project: Value-Added Products from Renew- FORTENBERRY The vision for the Center is to meet the edu- able Fuels Bill Number: H.R. 1105, FY09 Omnibus Ap- cational demands of the region, provide a Amount: $1,903,000 propriations Bill combination of classroom and lab instructional Name and Address of Requesting Entity: Account: STAG Water and Wastewater In- space adapted to the customized needs of re- University of Nebraska-Lincoln located at 302 frastructure Project gional employers, as well as to collaborate Canfield Administration Building, Lincoln, Ne- Project Name: City of Lincoln Wastewater with area high schools to provide academic braska 68588 Treatment Upgrades transfer, career and technical instruction for Description: The funding will be used by the Amount: $550,000 secondary students. This project will serve re- University of Nebraska-Lincoln to establish a Name and Address of Requesting Entity: gional needs of Northeast Nebraska and the pilot-scale corn-ethanol bioenergy facility and City of Lincoln located at 555 S. 10th Street, greater Siouxland area, including the south- research program. Research will focus on de- Lincoln, Nebraska 68508 east portion of South Dakota, and the west veloping new fractionation processes for re- Description: New and stricter wastewater central to northwest portion of Iowa. moving value-added components from corn treatment NPDES effluent discharge permit The new College Center facility will be de- before and after fermentation to biofuel and on limits were issued in January 2004 to the City signed to serve 500 full-time students by pro- exploring new commercial uses for these of Lincoln for both the Theresa and Northeast viding space for general classrooms, special- products. Establishment of a research facility Wastewater Treatment Facilities. Over the last ized instructional spaces for distance learning, and program will help ensure the economic vi- five years, more than $61 million in improve- science labs, computer labs, nursing labs, and ability of the rapidly expanding biofuel industry ments have been made to these facilities to a multi-purpose conference area that can be during periods of commodity price uncertainty meet the new NPDES permits. The last of used as training classrooms for business and for grain and ethanol. The ability to test feed these improvements is nearing completion. industry and learning community activities. It formulations with greater amounts of biofuel The City continues to make improvements to will also include areas for support services co-products will be critical to the livestock in- the treatment facilities and collection system and academic support spaces for testing, tu- dustry as corn and soybean prices rise in re- pipelines and pumping systems to be more toring, library services, study commons, and sponse to expanded biofuel production. This cost efficient; reduce overall energy use; con- conference spaces. The South Sioux City research facility’s goals align with the U.S. De- trol and reduce odor emissions; reduce green- Community Development Agency has donated partment of Energy’s goal of displacing 30 house gas emissions by further utilizing biogas 57 acres of centrally located land to Northeast percent of 2004 gasoline demand with generated by the treatment processes, and Community College. The College Center will biofuels, primarily ethanol, by 2030. Achieving minimize the overall carbon footprint of facility be located at this site. this ambitious goal requires a rapid expansion operations. The City’s six-year Capital Im- Requesting Member: Congressman JEFF of the fuel ethanol industry and research on provement Program (CIP) identifies $17.7 mil- FORTENBERRY the most efficient and cost-effective means of lion in treatment facility improvement projects Bill Number: H.R. 1105, FY09 Omnibus Ap- producing ethanol and of utilizing the byprod- and $84.9 million for maintenance and im- propriations Bill ucts of that process. provement projects to the collection system. Account: Centers for Disease Control and Requesting Member: Congressman JEFF These improvement projects are essential for Prevention FORTENBERRY assuring air and water quality, protection of Project Name: Environmental Health Bill Number: H.R. 1105, FY09 Omnibus Ap- the environment, public health and safety of Informatics Database propriations Bill the community. The City expects to incur the Amount: $238,000 Account: Energy Efficiency and Renewable majority of the costs to make improvements to Name and Address of Requesting Entity: Energy the collection and treatment facilities through a University of Nebraska Medical Center located Project Name: Intelligent Controls for Net- capital construction program funded by user at 986380 Nebraska Medical Center, Omaha, Zero Energy Buildings fees and federal assistance. Nebraska 68198 Amount: $475,750 Requesting Member: Congressman JEFF Description: This funding is for the Univer- Name and Address of Requesting Entity: FORTENBERRY sity of Nebraska Medical Center to create a University of Nebraska-Lincoln located at 302 Bill Number: H.R. 1105, FY09 Omnibus Ap- Midwest Health Informatics database to as- Canfield Administration Building, Lincoln, Ne- propriations Bill sess environmental influences on the develop- braska 68588 Account: Higher Education (includes FIPSE) ment of diseases by collecting health informa- Description: The funding will be used by the Project Name: Northeast Community Col- tion from 50,000 Midwesterners. Currently University of Nebraska-Lincoln to develop in- lege most information about the relationship be- telligent real-time controls for buildings using Amount: $761,000 tween disease and the environment is gen- distributed electrical generation systems. The Name and Address of Requesting Entity: erated by major databases located in large U.S. Department of Energy has set a goal of Northeast Community College located at 801 urban areas on the east and west coasts marketable net zero energy buildings buildings E. Benjamin Avenue, Norfolk, Nebraska 68702 which tend to be regionally specific and gen- with annual net energy consumption of zero Description: This funding is for a new col- erally not applicable to rural areas. This data- by 2025. Because residential and commercial laborative education center in South Sioux base would be the first research cohort in the buildings consume almost 70% of U.S. elec- City, Nebraska. Northeast Community College Midwest to study the relationship between tricity, reducing energy use in existing and (a comprehensive community college), Wayne rural populations, the environment, and dis- new buildings is critical to achieving zero en- State College (a regional comprehensive pub- ease development. This project could reveal ergy buildings. Many large buildings needing lic state college), and South Sioux City, Ne- environmental factors responsible for birth dean uninterrupted power supply, such as hos- braska, are partnering in this project. The new fects or lymphoma, a cancer with high inci- pitals, schools, manufacturing facilities, hotels, College Center will serve the area by creating dence in Nebraska. The data will provide valu- and retail buildings, use distributed generation a ‘‘one-stop’’ consolidated service center offer- able information on the factors influencing de- systems that include diesel generators and ing community and economic development re- velopment of deadly diseases like cancer and

VerDate Nov 24 2008 04:24 Feb 27, 2009 Jkt 079060 PO 00000 Frm 00036 Fmt 0626 Sfmt 9920 E:\CR\FM\A26FE8.059 E26FEPT1 jbell on PROD1PC69 with REMARKS February 26, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E499 position UNMC Eppley Cancer Institute to be Description: This funding is for the Rulo istration), Richard M. Bartell (School of Law), designated a National Cancer Institute (NCI) Bridge project between Nebraska and Mis- and Leona Makokis and Patricia A. Makokis Comprehensive Cancer Center. This high dis- souri. The funding would be used for the initial (School of Leadership & Education Sciences). tinction will allow for the most advanced pa- planning and design of a replacement bridge. Please join me, Madam Speaker, in wishing tient care and research to be available in Ne- The current Rulo Bridge was built in 1939 and these alumni, as well as the students and ad- braska. UNMC is the ideal institution to spear- is too narrow to handle modern-day traffic. It ministration, continued success and academic head this database with its numerous re- also has dangerous curves in both of its ap- promise during USD’s diamond anniversary sources, well-established statewide hospital proaches, limiting visibility and making it dif- and in the decades to come. network to collect data, a state-of-the art can- ficult for safe passage of vehicles meeting f cer research team and facilities, and com- each other. TRIBUTE TO DONALD A. LOWE prehensive database capabilities to collect and f FOR HIS SERVICE TO THE TOWN assess acquired data from this project. OF CLINTON, MASSACHUSETTS Requesting Member: Congressman JEFF TRIBUTE TO THE UNIVERSITY OF FORTENBERRY SAN DIEGO ON ITS 60TH ANNI- Bill Number: H.R. 1105, FY09 Omnibus Ap- VERSARY HON. JAMES P. McGOVERN propriations Bill OF MASSACHUSETTS Account: Transportation, Community, and HON. SUSAN A. DAVIS IN THE HOUSE OF REPRESENTATIVES System Preservation OF CALIFORNIA Thursday, February 26, 2009 Project Name: Antelope Valley Transpor- IN THE HOUSE OF REPRESENTATIVES Mr. MCGOVERN. Madam Speaker, I rise tation Improvements Amount: $570,000 Thursday, February 26, 2009 today to pay tribute to a dear friend and dedicated public servant who has made an ex- Name and Address of Requesting Entity: Mrs. DAVIS of California. Madam Speaker, City of Lincoln located at 555 S. 10th Street, traordinary contribution to the quality of life in I wish to pay tribute today to the University of his beloved hometown of Clinton, Massachu- Lincoln, Nebraska 68508 San Diego, which celebrates its 60th anniver- Description: The City of Lincoln is commit- setts. Tomorrow marks the last day Donald A. sary this year. ting significant resources for road and pedes- Lowe will serve as Director of Community and The University of San Diego (USD) can trian improvements associated with Antelope Economic Development for the Town of Clin- trace its roots back to 1496 and the Spanish Valley. Some of the important projects that re- ton. I look forward to attending a celebration in town of Alcala´ de Henares, home and resting main in the $125 million transportation compo- Don’s honor tomorrow night at the Old Timer place of Saint Didacus (or San Diego). How- nent of Antelope Valley Project include: con- Restaurant so that I can personally thank and ever, it was in 1949 that the Most Reverend struction of 5 miles of roadway (including the congratulate him for his remarkable service. Charles Francis Buddy, first Bishop of the Dio- Antelope Valley Parkway from 17th & Y However, I did not want to miss the oppor- cese of San Diego, and Reverend Mother Ro- Streets to Capital Parkway) to improve traffic tunity to also publicly recognize this rare and salie Clifton Hill, Vicar Superior of the U.S. in the City’s central core and Northeast Lin- special individual on the floor of the U.S. coln; reducing through traffic congestion on Western Vicariate of the Society of the Reli- House of Representatives. I readily acknowl- the University campus and on downtown gious of the Sacred Heart of Jesus, obtained edge that the tribute paid to him by this es- streets; eliminating two dangerous mainline at- charters from the State of California to estab- teemed body pales in comparison to the honor grade rail crossings, and providing a new lish San Diego University and the San Diego he will receive just two short weeks from now overpass (16th Street Overpass) to the State College for Women, respectively. as a recipient of the prestigious shillelagh Fair Park, Devaney Sports Center, state mili- The San Diego College for Women opened award from Clinton’s Leprechaun Society. Nonetheless, I am pleased to offer these retary areas, and surrounding neighborhoods. its doors in February 1952 with 33 students, marks just the same. The federal assistance would be used in FY seven faculty members and 16 courses on a Affectionately known by many of his friends, 2009 on Construction of P and Q Street campus still under construction. Shortly after, the College for Men welcomed 39 students colleagues and fellow Clintonians simply as bridges and roadways that are over the flood ‘Donnie’, this man has earned the respect and control channel that is to be constructed con- and the School of Law enrolled a co-ed class of 30. In 1972, the two colleges and the admiration of an entire community. Don’s tire- currently by the Corps of Engineers. less devotion to improving the educational Requesting Member: Congressman JEFF School of Law merged to form a single, system, social services and economic vitality FORTENBERRY Catholic coeducational University of San Bill Number: H.R. 1105, FY09 Omnibus Ap- Diego. of this unique and wonderful town is a powerful testament to the difference one man can propriations Bill Today, the 180-acre campus enrolls nearly Account: Transportation, Community, and 7,500 undergraduate, graduate and law stu- make. As a former member and chairman of System Preservation dents and is known for its commitment to the Clinton School Committee, Don was a Project Name: Nebraska Highway 35 teaching, the liberal arts, the formation of val- forceful advocate for children insisting on noth- Amount: $380,000 ues and community service. The addition of ing less than the finest facilities, best edu- Name and Address of Requesting Entity: the Joan B. Kroc School of Peace Studies cational programs and highest academic Nebraska Department of Roads located at now brings the university’s total number of standards. His tenure on the school committee is widely remembered for the thoughtful man- 1500 Highway 2, Lincoln, Nebraska 68502 schools and colleges to six. Other academic ner with which he approached the many chal- Description: The intent of this project in divisions include the College of Arts and lenges facing the school system at that time northeast Nebraska is to develop the most ef- Sciences and the schools of Business Admin- and the professionalism with which he dis- ficient route from Norfolk to South Sioux City. istration, Leadership and Education, Law, and Currently, the route is comprised of several charged his duties. Nursing and Health Science. Years later as Director of Community and short segments of highway winding its way to On May 2, 2009, USD will recognize several the northeast. This project has significant re- Economic Development, Don was largely re- of its alumni by bestowing the Mother Rosalie sponsible for advancing Clinton’s downtown gional and national importance. It would pro- Clifton Hill Service Award on L. Douglas Rob- vide substantial safety and economic develop- revitalization through his relentless pursuit of ert, the Bishop Charles Francis Buddy Human- competitive grant funding. The growth and ex- ment benefits. The Nebraska Department of itarian Award to Sandy M. Cassell Farrell. Roads has classified the Highway 35 project pansion of NYPRO, Clinton’s largest em- Zuzana Lesenarova, four-time NCAA All- ployer, benefited enormously from his skillful as a planned expressway. American and 1999 Division I NCAA National Requesting Member: Congressman JEFF leadership. In fact, all business enterprises— Singles Champion of Women’s Tennis, will FORTENBERRY large and small—found an eager and enthusi- Bill Number: H.R. 1105, FY09 Omnibus Ap- also enter the Pagni Athletic Hall of Fame. In astic champion in Don Lowe these past seven propriations Bill addition, seven outstanding alumni will receive years. His previous experience in the hi-tech Account: Transportation, Community, and the Author E. Hughes Career Achievement sector brought an invaluable dimension to the System Preservation Awards in recognition of their outstanding hu- role of local government in spurring economic Project Name: Rulo Bridge Replacement manitarian and professional achievements. development and job creation. Similarly, low Project These honorees are Heather Raffo (College of and moderate income homeowners seeking Amount: $95,000 Arts & Sciences), Denise M. Boren (Hahn help from the town received compassionate Name and Address of Requesting Entity: School of Nursing & Health Science), Judy and capable assistance from Don. His volun- Nebraska Department of Roads located at Ann Kamanyi (Kroc School of Peace Studies), teer service as a member of the board of di- 1500 Highway 2, Lincoln, Nebraska 68502 John M. Cappetta (School of Business Admin- rectors for the Wachusett Health Education

VerDate Nov 24 2008 04:24 Feb 27, 2009 Jkt 079060 PO 00000 Frm 00037 Fmt 0626 Sfmt 9920 E:\CR\FM\A26FE8.060 E26FEPT1 jbell on PROD1PC69 with REMARKS E500 CONGRESSIONAL RECORD — Extensions of Remarks February 26, 2009 Action Team (WHEAT) and his long involve- tended reminded us that Ethiopia fought by across the land ought to be deeply indebted to ment with the Clinton Exchange Club and Pol- our side during the Korean Conflict; was the these all too often forgotten warriors who ish American Veterans are just a few exam- only African country never colonized, and led fought the most bitter of ironies in America’s ples of the breadth of his extraordinary civic the way for the liberation of the rest of Africa. history: for democratic ideals abroad while the engagement. Equally important, the Veterans Braintrust long practice of racial discrimination persisted at Madam Speaker, all of us in public life rou- ago adopted the expanded definition of home. But as the historic inauguration of tinely rely on the advice of loyal friends and veteranhood to include: families and friends, in President Barack Obama proves, their hope, trusted advisors. I will forever be grateful to order to recognize the central importance of faith and loyalty have been vindicated. Don Lowe for his unfailing friendship and good family and friends, particularly when any vet- Seated on the dais were Anthony Brown, Lt. counsel as a colleague in government eran goes into the hospital, and second, as an Governor from the state of Maryland, highest throughout my career in congress. However, I authentic voice for black veterans, their fami- ranking black elected state official to serve in am just as grateful that while he is leaving his lies, and communities nationwide. Iraq; Hon. SANFORD BISHOP, JR. (D–GA), position with the Town of Clinton, Don will re- Yet, no less important, the 20th Anniversary Member of the House Appropriations Sub- main in public service as the newly appointed took place during two of the most challenging committee on Military Construction and Vet- Administrator for the Town of Bolton. Now moments in American history—America’s erans Affairs and I, Senior Member of the more than ever, we as a nation and as a com- worse economic crisis since the Great Depres- House Veterans Affairs Committee, Co-Chair monwealth need professionals like him in mu- sion of the 20s and 30s, and the sixth year of of the Congressional Black Caucus Founda- nicipal government to help steer us through the war on terrorism, now the second longest tion 38th Annual Legislative Conference and these uncertain economic times. Bolton will war in American history, in which 4,000 sol- Veterans Braintrust Co-Convener; keynote soon be in the steady hands of one of the diers have been killed, 30,000 wounded, and speaker Secretary James Peake, MD, Depart- most talented and devoted public servants I 14,000 seriously disabled. ment of Veterans Affairs; Rev. Dr. James have ever known. On behalf of the U.S. Hon. CHARLES RANGEL (D–NY) opened the Forbes, Jr., President & Founder of the Heal- House of Representatives, I want to extend to morning tribute session of the forum, which ing of the Nations Foundation of New York; Don and his wife, Liz, our very best wishes for was dedicated to recognizing the contributions special guest of honor Actor John Amos, Hon- continued good health, happiness and suc- of our nation’s African American veterans, by orary Master Chief of the USCG and Navy, cess with heartfelt appreciation for all you briefly explaining the economic crisis and its and New Jersey National Guardsman (best have accomplished for the good people of impact on us all. He also honored our invited known for his role as Kunta Kinte on the hit Clinton, Massachusetts. You are a credit to guest speakers Hons. NANCY PELOSI (D–CA), CBS miniseries Roots, and NBC’s Emmy your family and your community and make us BOB FILNER (D–CA), and JOHN CONYERS, Jr. award winning hit series, The West Wing, as all very proud. (D–MI). Admiral Percy Fitzwallace, Chairman, Joint f Next he shared a small piece of his own Chiefs of Staff); Hon. Louis Stokes (D-OH) story of returning from the Korean War (1952) Retired Congressman and Past Chairman of CONGRATULATIONS ON THE 20TH as an Army Sergeant with a Bronze Star, four the Appropriations Subcommittee on VA, HUD ANNIVERSARY OF THE CONGRES- Battle Stars and a Purple Heart. But somehow and Independent Agencies, Past Chairman of SIONAL BLACK CAUCUS VET- forgot he was a high school drop-out and the Congressional Black Caucus Health ERANS BRAINTRUST ended up pushing a clothing cart in New York Braintrust and WWII veteran, and Dr. Roscoe City’s garment district, before finally going to Brown, an original Tuskegee Airman and Con- HON. CORRINE BROWN the VA to request assistance. gressional Gold Medal Recipient. OF FLORIDA More importantly, he pledged his undying The afternoon session consisted of a unique IN THE HOUSE OF REPRESENTATIVES support for the GI Bill, because, as he put it, Stakeholders Roundtable Discussion on Vet- ‘‘the only difference between being a drop-out erans’ Issues supported by the Hon. BOB FIL- Thursday, February 26, 2009 on Lenox Avenue and a chairman in Congress NER (D–CA), Chairman of the House Veterans Ms. CORRINE BROWN of Florida. Madam was the GI Bill!’’ before turning over the reins Affairs Committee and his senior committee Speaker, I rise during this Black History Month to Ron Armstead, Executive Director of the staff. The roundtable was moderated by Dr. to congratulate Hons. SANFORD BISHOP, JR. Veterans Braintrust, who has been with us William King, and featured the following sub- (D–GA) and CHARLES RANGEL (D–NY) for join- since the beginning in 1988. Ron promptly ject matter experts and discussants: Dr. Wil- ing me in convening the highly successful 20th began by saying ‘‘forums that begin with an in- liam Lawson, MD, Ph.D., Dr. Shirley Marks, Anniversary of the Congressional Black Cau- vocation and end with a benediction are a MD, MPH, Dr. Lorraine Blackman, Ph.D., cus Veterans Braintrust during the Congres- blessed occasion,’’ and invited Leon Bryant, LCSW, Dr. Cedric Bright, MD, Dr. Reginald sional Black Caucus Foundation’s 38th Annual Sr., Pastor of Capitol City SDA Church to give Wilson, Ph.D., Dr. Beverly Coleman Miller, Legislative Conference (ALC) held in Wash- the invocation. MD, Dr. Donna Holland Barnes, Ph.D., Dr. ington, DC. The 20th anniversary celebration Throughout the morning session more than Cheryl Royster Branker, Ed.D., Judge Robert covered three days of activities over Sep- 250 people were on hand as we paid special Russell, Jr., Haywood Fennel, Sr., Sidney Lee, tember 24–26, 2008, with the collaboration of tribute to the courageous African American Maceo May, Amy Fairweather, Col. Ann the African American Civil War Museum, the men and increasingly women of the military Wright, USA, Ret., Sgt Natasha McKinnon & Vets Group and the National Association for who dedicate their lives to preserving our pre- Jason Lindsay, disabled Iraqi veterans & stu- Black Veterans. This was an important social, cious freedom and continuing way of life. Our dents at North Carolina State University; SFC psychological and political achievement for the special guest, Emmy award nominee Actor Vontella Fludd, USA, Ret., Two Tour Iraqi vet- sustained work and growth of the Veterans John Amos, called the honor roll of black mili- eran and mother of two accompanied by First Braintrust over more than twenty years. During tary units from the segregated World War II Sgt. Ronnie Robinson, USA, Ret. and Local that period the Veterans Braintrust has be- and Korean War eras to the integrated Viet- Union Vice President, American Federation of come the institutional memory for the Con- nam, Persian Gulf, Afghanistan and Iraq wars. Government Employees, along with committee gressional Black Caucus on American vet- Remembering their selfless service and sac- staff members to address a lengthy list of erans of African descent, much like the U.S. rifice to national defense throughout the entire black veterans issues and concerns. Naval Historical Center is for the Navy, and 20th century, and returning home to join the Additionally, special invitations were ex- U.S. Army Center of Military History is for the fight for equal rights. tended to the major veterans’ service organi- Army. Thus, can justifiably be called the pre- Most importantly, we focused on the long zations to enhance ways of building closer re- eminent forum for debate, or discussion for legacy of service of those who undertake the lationships between them and minority vet- public policy issues between veterans of Afri- armed defense of the scared principles of the erans. Further, the VA provided us with case can descent and government officials in the Constitution, Declaration of Independence and workers who were present to respond to ques- country. Second, the Braintrust deserves our Bill of Rights that all men (and now women) tions from individuals in the audience. special admiration for being the champion of are created equal, have thus earned the right The roundtable discussion opened with brief diversity and inclusion for a much broader of every African American full citizenship presentations on PTSD and other health re- array of WWII, Korean, Vietnam, Persian Gulf through honorable military service, and as Dr. lated issues such as VA health disparities, dis- and War on Terrorism constituencies; includ- W.E.B. DuBois said in 1906, for ‘‘all true ability benefits difficulties, employment con- ing our African veteran allies from abroad Americans.’’ Thus Congress, the Executive cerns and/or discrimination, post secondary heretofore unrecognized and unrepresented. Branch, states, commonwealths, territories, education challenges and other issues of par- For example, the Ethiopian delegation that at- counties, municipalities and communities ticular interest to black veterans. The outcome

VerDate Nov 24 2008 04:24 Feb 27, 2009 Jkt 079060 PO 00000 Frm 00038 Fmt 0626 Sfmt 9920 E:\CR\FM\A26FE8.062 E26FEPT1 jbell on PROD1PC69 with REMARKS February 26, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E501 product was a video recording of the session, 48TH ANNIVERSARY OF THE Since its inception, fewer than 3,500 Medals which in turn will be transcribed in order to PEACE CORPS of Honor have been awarded to members of produce a document, or written report for the United States Armed Forces—approxi- presentation back to Reps. BISHOP, JR. (D– HON. NICK J. RAHALL II mately half during the Civil War. Today, there GA), and RANGEL (D–NY) of the Veterans OF WEST VIRGINIA are only 111 living recipients. These select Braintrust, the House Veterans’ Affairs Com- IN THE HOUSE OF REPRESENTATIVES few exemplify the values of our great nation through their incredible acts of bravery and mittee, Democratic leaders in the House, the Thursday, February 26, 2009 commitment to our country. Department of Veterans Affairs, and others Mr. RAHALL. Madam Speaker, I rise today As the first U.S. Representative-reservist to recommending ways to address the unique to recognize the 48th Anniversary of the be deployed to an imminent danger area since needs of both Iraqi & Afghanistan returning Peace Corps and in doing so, join many oth- World War II, I know first hand the sacrifices soldiers, and their families, as well as African ers around the nation in celebrating National and challenges our men and women in armed American, or black veterans and provide Peace Corps Week. Their mission is to help forces face. It was an honor to serve with uni- thoughtful proposals for legislation. the people of interested countries in meeting formed Americans in Afghanistan and it is in their need for trained men and women while Later that evening I hosted the 20th anniver- their honor that I join Mr. CARNEY in intro- helping to promote a better understanding of ducing this legislation today. sary gala reception and awards ceremony at Americans on the part of the peoples served, f the Washington Grand Hyatt Hotel. Among as well as, a better understanding of other those publicly recognized and acknowledged peoples on the part of Americans. EXEMPLARY STUDENT on this special occasion were Judge Robert Since the establishment of the Peace Corps ACHIEVEMENT AWARD Russell, Jr. who was presented the Citizens by President John F. Kennedy in 1961, more Beneficiary Award by the Mike Handy Founda- than 195,000 U.S. citizens have served their HON. GREGORY W. MEEKS country in the cause of peace by living and tion and Fund, for his unique Buffalo Veterans OF NEW YORK working in 139 countries throughout the world. Court Treatment Program in the state of New IN THE HOUSE OF REPRESENTATIVES York along with the U.S. Army Freedom Team As of September 30, 2008, 7,876 Peace Corps Volunteers are making significant and Thursday, February 26, 2009 Salute recognizing Frederick Gray, President lasting contributions to improve the lives of in- of the Black Iwo Jima Veterans Group; Brig. Mr. MEEKS of New York. Madam Speaker, dividuals and communities in 76 countries. There are wonderful examples of academic Gen. Robert Cocroft, President and CEO of I am proud to say that three of those volun- achievement and community service taking the Center for Veterans Issues; and Joseph teers currently serving their country are from place in Southeast Queens high schools. Stevenson, a World War II veteran. my district in West Virginia. Both Ashley M. Many students throughout the New York Con- Other 2008 Braintrust awardees included: Hess (Burkina Faso) and Garrett C. gressional 6th District are performing at such Actor John Amos, Sgt. Nathaniel Bass, USA, Prendergast (Mongolia) will finish up their two a high level in their academic work and com- Ret., Asa Gordon, Dr. Richard Danford, Jr., years’ of service in August of 2010, while munity activities that it deserves public rec- Stephanie D. Zorio will finish up her two years’ Ph.D., Dr. Edward Brown, Dr. Vincent Patton ognition. I have been so inspired that I initi- of service in the Philippines in November of III, Maj. Gen. Rosetta Burke, NYANG, Ret., ated the Exemplary Student Achievement 2010. (ESA) award program to honor these young Thomas Jones, Sr., Christopher Moore, Dr. Peace Corps volunteers have made signifi- Charles Simmons, Howard Wright, Thomas citizens who are emerging as our community’s cant and lasting contributions around the world future leaders. Yarosz, Halley’s Comet Foundation, Associa- in agriculture, business development, informa- Since the inception of the ESA program in tion for the Study of African American Life and tion technology, education, health and HIV/ September 2008, I have partnered with admin- History, Tubman African American Museum, AIDS, youth and the environment. istrators and faculty in various Southeast Smithsonian’s National Museum for African The 195,000 citizens, who have volunteered Queens high schools to identify and honor American History and Culture, Parting Ways to serve their country since 1961, came from worthy students. It has been my privilege to Historical Site, Sankofa Restoration Project, all walks of life and represent the best of what award the following students with Congres- Myrl Billings Memorial Veterans Center, and the United States has to offer. The work they sional Achievement Awards: have done over the past 47 years has played Doubleback Productions. Andrew Sargeant of Business, Computer an important role in developing nations and Finally singled out for special praise was the Applications & Entrepreneurship Magnet High continues to provide opportunities for people School Association of the 2221 Negro Volunteers of of different backgrounds to come together to Brian Herb of Queens High School for the World War II, who served in white Army infan- serve the cause of peace. Sciences at York College try units during and after the Battle of Bulge. f Chandraika Niranjan of Math, Science Re- Afterward the private reception and awards SUPPORTING THE MEDAL OF search & Technology Magnet High School ceremony was opened to the general public HONOR COMMEMORATIVE COIN Clevelyn Murray of Humanities & the Arts for a party with entertainment provided by Tori ACT OF 2009 High School Robinson of Paris and Recording Artist Betty Deborah Hector of Humanities & the Arts Wright. HON. MARK STEVEN KIRK High School Dookumarie Persaud of Jamaica High My special thanks go to Roslyn Burrough, OF ILLINOIS School Anthony Hawkins, Mae Campbell, Forest Far- IN THE HOUSE OF REPRESENTATIVES Kevin Thom of Humanities & the Arts High ley, Jr., Dr. Frank Smith, Jr., Brigadier General Thursday, February 26, 2009 School Robert Cocroft, Joe Wynn, Jack Evans, Dr. Mr. KIRK. Madam Speaker, I am proud to LeeAnn Anderson of Queens High School Vince Patton III, Belinda Foster, Dr. Martel join my good friend Congressman CHRIS CAR- Mariama Donzo of Hillcrest High School Teasley, Dr. Michael Kane, Dr. Cheryl Royster NEY as an original cosponsor of the Congres- Marquise Moore of Business, Computer Ap- Branker, Karen Freeman Wilson, Carmen Wil- sional Medal of Honor Commemorative Coin plications & Entrepreneurship Magnet High son II, Lucretia McClenney, Thomas Harris, Act of 2009. This bipartisan legislation will as- School Pastor Leon Bryant, Sr., Maceo May, Jason sist the Congressional Medal of Honor Foun- Miriam Gonzalez of Hillcrest High School Young, Clarence Slaughter, Jean Davis, David dation in raising the funds it needs to promote Oniyebiyi Hinton of Humanities & the Arts Thompson, Maj. Myles Caggins, USA, Tonya heroism and selflessness among our nation’s High School Collins, Medgar Evers College and Congres- youth—qualities which the Medal of Honor Peter Brown of Math, Science Research & sional staff members Emile Milne, Kenya embodies. Technology Magnet High School Handy, Holly Biglow, Kiwanis Harvey Styles, First authorized by Congress in 1861, the Philipnary Thuyamany of Jamaica High Congressional Medal of Honor is our nation’s Roshan Hodge, Lee Footer, Alexandra Ward, School highest award for valor in action against an Reaz Khan of Jamaica High School Sonya Passi, Jonathan Halpern, Edwin enemy force. It is a symbol of how ordinary Robin Singh of Queens High School for the Larkins, Tony Buckles and Malcolm Shorter. Americans can risk their lives and go above Sciences at York College May God continue to Bless America, and and beyond the call of duty in defense of our Shannon Gordon of Humanities and the Arts thank all veterans for their service. great nation. High School

VerDate Nov 24 2008 04:24 Feb 27, 2009 Jkt 079060 PO 00000 Frm 00039 Fmt 0626 Sfmt 9920 E:\CR\FM\A26FE8.063 E26FEPT1 jbell on PROD1PC69 with REMARKS E502 CONGRESSIONAL RECORD — Extensions of Remarks February 26, 2009 Shelly Lekhraj of Business, Computer Appli- vice versa. The Federal Reserve has, on the and fires of the 1950’s as well as the civil cations & Entrepreneurship Magnet High one hand, many of the privileges of govern- rights riots in the 1960’s. The family and the School ment agencies, while retaining benefits of pri- business weathered these setbacks and are Tracy Ganga of Jamaica High School vate organizations, such as being insulated now an established part of our Omaha busi- Tracy Mangal of Hillcrest High School from Freedom of Information Act requests. ness community. Zora Jiles of Jamaica High School The Federal Reserve can enter into agree- Judy attended Spelman College in Atlanta Through their strong commitment to aca- ments with foreign central banks and foreign and graduated from the University of Ne- demic excellence and community service, governments, and the GAO is prohibited from braska at Lincoln with a degree in Bachelor these high school students have established auditing or even seeing these agreements. Science Textile Science. themselves as peer role models amongst their Why should a government-established agency, In 1987 Judy took over the business and classmates. I am proud to have such stellar whose police force has federal law enforce- today the company can ship top-quality cus- students emerging within the Southeast ment powers, and whose notes have legal tom bags to anywhere in the country. Judy is Queens community. I encourage them all to tender status in this country, be allowed to also an active member of the Omaha Cham- continue their academic studies and social de- enter into agreements with foreign powers and ber of Commerce, Great Plains Minority Coun- velopment at a higher education institution. I foreign banking institutions with no oversight? cil, Kiwanis and Girls Inc. just to name a few. look to them to continue representing the high Particularly when hundreds of billions of dol- Madam Speaker, I am pleased to share standards that our district’s families, schools, lars of currency swaps have been announced Judy’s life and business success with my col- and community organizations promote. The and implemented, the Fed’s negotiations with leagues and wish her continued success. people of Southeast Queens look to these the European Central Bank, the Bank of Inter- f youth to utilize their academic knowledge, national Settlements, and other institutions IN TRIBUTE TO PRESTON WILCOX, practical skills, and social networks to should face increased scrutiny, most espe- EDUCATOR AND ACTIVIST strengthen our community’s cultural, civic, cially because of their significant effect on for- business, and political institutions. eign policy. If the State Department were able It takes a village to raise a child, so it is im- to do this, it would be characterized as a HON. CHARLES B. RANGEL portant that I also recognize the family mem- rogue agency and brought to heel, and if a pri- OF NEW YORK bers, guardians, teachers, administrators, vate individual did this he might face prosecu- IN THE HOUSE OF REPRESENTATIVES tion under the Logan Act, yet the Fed avoids counselors, coaches, and mentors who have Thursday, February 26, 2009 provided these students with the guidance and both fates. Mr. RANGEL. Madam Speaker, I rise today resources making it possible for them to blos- More importantly, the Fed’s funding facilities in recognition of the life and achievements of som into exemplary young leaders. I thank all and its agreements with the Treasury should Preston Wilcox and his commitment to com- of these individuals for their dedication and be reviewed. The Treasury’s supplementary fi- munity empowerment, education, and public contributions to our youth and our commu- nancing accounts that fund Fed facilities allow service. In 2006, the passing of Preston nity’s future. the Treasury to funnel money to Wall Street without GAO or Congressional oversight. Addi- Wilcox removed from the world a scholar f tional funding facilities, such as the Primary whose academic stature was as profound as THE FEDERAL RESERVE Dealer Credit Facility and the Term Securities its practical application. Though he is no TRANSPARENCY ACT Lending Facility, allow the Fed to keep finan- longer with us we will not forget the contribu- cial asset prices artificially inflated and sub- tions he has made to Harlem and to society at sidize poorly performing financial firms. large. HON. RON PAUL The Federal Reserve Transparency Act Preston Wilcox was born in Youngstown, OF TEXAS would eliminate restrictions on GAO audits of Ohio in 1923. He moved to New York after IN THE HOUSE OF REPRESENTATIVES the Federal Reserve and open Fed operations World War II. He went on to graduate from the Thursday, February 26, 2009 to enhanced scrutiny. We hear officials con- City College of New York in 1949 and in 1957 stantly lauding the benefits of transparency he earned his Master’s degree in social work Mr. PAUL. Madam Speaker, I rise to intro- and especially bemoaning the opacity of the at Columbia University. Mr. Wilcox utilized his duce the Federal Reserve Transparency Act. Fed, its monetary policy, and its funding facili- skills to benefit the Harlem community from Throughout its nearly 100-year history, the ties. By opening all Fed operations to a GAO 1958–1964 where he served as a program Federal Reserve has presided over the near- audit and calling for such an audit to be com- consultant to the East Harlem Summer Fes- complete destruction of the United States dol- pleted by the end of 2010, the Federal Re- tival, a United Neighborhood Houses initiative lar. Since 1913 the dollar has lost over 95% serve Transparency Act would achieve much- which was designed to prevent juvenile delin- of its purchasing power, aided and abetted by needed transparency of the Federal Reserve. quency. He continued in this vein for the Mas- the Federal Reserve’s loose monetary policy. I urge my colleagues to support this bill. sive Economic Neighborhood Development, How long will we as a Congress stand idly by f and anti-poverty program. while hard-working Americans see their sav- As a teacher, Mr. Wilcox taught courses in ings eaten away by inflation? Only big-spend- HONORING JUDY PEARL-LEE social work theory and community organiza- ing politicians and politically favored bankers tion at Columbia University’s School of Social benefit from inflation. HON. LEE TERRY Work, Clark Atlanta University, Medger Evers Serious discussion of proposals to oversee OF NEBRASKA College, along with other institutions of higher the Federal Reserve is long overdue. I have IN THE HOUSE OF REPRESENTATIVES education. As a practitioner, Mr. Wilcox was a been a longtime proponent of more effective strong advocate for parent participation in cur- oversight and auditing of the Fed, but I was Thursday, February 26, 2009 riculum development and in the hiring of far from the first Congressman to advocate Mr. TERRY. Madam Speaker, today I rise to school supervisors and teachers. He also par- these types of proposals. Esteemed former recognize another of the many successful and ticipated as a social researcher in the Prince- members of the Banking Committee such as talented African-Americans in my district. ton University six week summer studies pro- Chairmen Wright Patman and Henry B. Today it is my great honor to recognize Judy gram for junior high school students for what Gonzales were outspoken critics of the Fed Pearl-Lee. has now become the Upward Bound Program. and its lack of transparency. Judy Pearl-Lee is President of Frontier Bag After twenty years of involvement in the Since its inception, the Federal Reserve has Company in Omaha, Nebraska. The company black educational movement he developed always operated in the shadows, without suffi- was started in 1946 by Judy’s parents, Amos AFRAM Associates, a public service agency to cient scrutiny or oversight of its operations. and Alberta. In the early years, the company provide technical assistance to community While the conventional excuse is that this is provided products to the agricultural markets groups in the areas of education, economic intended to reduce the Fed’s susceptibility to in Nebraska, Iowa and Missouri. Since then it development, and consumer rights. AFRAM political pressures, the reality is that the Fed has expanded into a variety of product lines, operated a parent-implemented program in acts as a foil for the government. Whenever including duffle bags, briefcases and totes. education funded by the Follow Through Pro- you question the Fed about the strength of the As minority business owners, the family gram Division of Compensatory Education of dollar, they will refer you to the Treasury, and faced many challenges including the floods the

VerDate Nov 24 2008 04:24 Feb 27, 2009 Jkt 079060 PO 00000 Frm 00040 Fmt 0626 Sfmt 9920 E:\CR\FM\A26FE8.066 E26FEPT1 jbell on PROD1PC69 with REMARKS February 26, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E503 U.S. Office of Education. AFRAM also oper- After his death, the acquisition of his per- twenty-one linear feet, add an important name ated a farm experiment, AFRAM Farm, in up- sonal and professional papers, writings, office to the roster of black intellectuals who made state New York, as a campsite and rec- files, and printed matter documenting his dual Harlem their home. reational center for urban-bound families and career as an educator and community orga- Today, I am proud to pay tribute to the life groups. nizer, by the Schomburg Center comprising of Mr. Preston Wilcox.

VerDate Nov 24 2008 04:24 Feb 27, 2009 Jkt 079060 PO 00000 Frm 00041 Fmt 0626 Sfmt 9920 E:\CR\FM\A26FE8.069 E26FEPT1 jbell on PROD1PC69 with REMARKS Thursday, February 26, 2009 Daily Digest

HIGHLIGHTS Senate passed S. 160, District of Columbia House Voting Rights Act. Senate the District of Columbia in which they reside to Chamber Action carry concealed firearms in another State or the Dis- Routine Proceedings, pages S2507–S2575 trict of Columbia that grants concealed carry per- Measures Introduced: Seventeen bills and two reso- mits, if the individual complies with the laws of the lutions were introduced, as follows: S. 485–501, and State or the District of Columbia. S. Res. 57–58. Page S2558 Pages S2508, S2516–17, S2525–26 Measures Passed: Ensign Amendment No. 587, to reauthorize the DC School Choice Incentive Act of 2003 for fiscal District Of Columbia House Voting Rights Act: year 2010. Pages S2512–13, S2520–22 By 61 yeas to 37 nays (Vote No. 73), Senate passed Coburn Amendment No. 576 (to Amendment S. 160, to provide the District of Columbia a voting No. 575), of a perfecting nature. Page S2507 seat and the State of Utah an additional seat in the House of Representatives, after agreeing to the com- During consideration of this measure today, Senate mittee amendment in the nature of a substitute, as also took the following action: amended, and taking action on the following amend- A unanimous-consent agreement was reached pro- ments proposed thereto: Pages S2507–42 viding that the previously scheduled vote on the mo- (A unanimous-consent agreement was reached pro- tion to invoke cloture on S. 160, District Of Colum- viding that the bill, having achieved 60 affirmatives bia House Voting Rights Act, be withdrawn. votes, pass). Page S2538 Page S2525 Adopted: Stanley J. Roszkowski United States Courthouse: By 57 yeas to 41 nays (Vote No. 70), Durbin Committee on Environment and Public Works was Amendment No. 591, to encourage and promote di- discharged from further consideration of S. 387, to versity in communication media ownership, and to designate the United States courthouse located at ensure that the public airwaves are used in the pub- 211 South Court Street, Rockford, Illinois, as the lic interest. Pages S2517–20, S2522–24 ‘‘Stanley J. Roszkowski United States Courthouse’’, By 87 yeas to 11 nays (Vote No. 71), DeMint and the bill was then passed. Pages S2574–75 Amendment No. 573, to prevent the Federal Com- munications Commission from repromulgating the Appointments: fairness doctrine. Pages S2524–25 Congressional Advisers on Trade Policy and Ne- By 62 yeas to 36 nays (Vote No. 72), Ensign gotiations Relating to Trade Agreements: The Amendment No. 575, to restore Second Amendment Chair, in accordance with Public Law 93–618, as rights in the District of Columbia. amended by Public Law 100–418, on behalf of the Pages S2507, S2513–16, S2526–38 President pro tempore and upon the recommenda- Rejected: tion of the Chairman of the Committee on Finance, By 30 yeas to 67 nays (Vote No. 69), Kyl appointed the following Members of the Finance Amendment No. 585, to provide for the retrocession Committee as congressional advisers on trade policy of the District of Columbia to the State of Maryland. and negotiations to International conferences, meet- Pages S2508–12 ings and negotiation sessions relating to trade agree- Withdrawn: ments: Senators Baucus, Rockefeller, Conrad, Grass- Thune Amendment No. 579, to amend chapter 44 of title 18, United States Code, to allow citizens ley, and Hatch. Page S2575 who have concealed carry permits from the State or D179

VerDate Nov 24 2008 03:57 Feb 27, 2009 Jkt 079060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D26FE9.REC D26FEPT1 jbell on PROD1PC69 with DIGEST D180 CONGRESSIONAL RECORD — DAILY DIGEST February 26, 2009 Message from the President: Senate received the bility Plan, after receiving testimony from Shaun following message from the President of the United Donovan, Secretary of Housing and Urban Develop- States: ment. Transmitting, pursuant to law, the Budget of the United States Government for Fiscal Year 2009; re- CONSUMER PROTECTION AND CREDIT ferred jointly, pursuant to the order of January 30, CRISIS 1975 as modified by the order of April 11, 1986; Committee on Commerce, Science, and Transportation: which was referred to the Committees on the Budg- Committee concluded a hearing to examine con- et; and Appropriations. (PM–9) Pages S2556–58 sumer protection and the credit crisis, after receiving Messages from the House: Page S2558 testimony from Pamela Jones Harbour, Commis- sioner, Federal Trade Commission; Travis Plunkett, Measures Placed on the Calendar: Consumer Federation of America, and Bill Himpler, Pages S2507, S2558 American Financial Services Association, both of Enrolled Bills Presented: Page S2558 Washington, D.C.; Prentiss Cox, University of Min- Executive Reports of Committees: Page S2558 nesota Law School, Minneapolis; and Nancy Dix, Ansted, West Virginia. Additional Cosponsors: Pages S2558–59 Statements on Introduced Bills/Resolutions: ENERGY EFFICIENT BUILDINGS Pages S2559–73 Committee on Energy and Natural Resources: Committee Amendments Submitted: Page S2574 concluded hearings to examine recommendations for reducing energy consumption in buildings through Authorities for Committees to Meet: Page S2574 improved implementation of authorized Department Record Votes: Five record votes were taken today. of Energy (DOE) programs and through other inno- (Total—73) Pages S2512, S2524–25, S2538 vative federal energy efficiency policies and pro- Adjournment: Senate convened at 9:30 a.m. and grams, after receiving testimony from Arun adjourned at 5:11 p.m., until 9:30 a.m. on Friday, Majumdar, Director, Environmental Energy Tech- February 27, 2009. (For Senate’s program, see the re- nologies Division, Lawrence Berkeley National Lab- marks of the Acting Majority Leader in today’s oratory, Department of Energy; Philip Giudice, Record on page S2575.) Commissioner, Massachusetts Department of Energy Resources, Boston; Edward Mazria, 2030, Inc./Archi- tecture 2030, Santa Fe, New Mexico; Jennifer Committee Meetings Amann, American Council for an Energy-Efficient (Committees not listed did not meet) Economy, Washington, D.C.; Ward Hubbell, Green Building Initiative, Portland, Oregon; and Charles AFGHANISTAN AND PAKISTAN Zimmerman, Wal-Mart Stores, Inc., Bentonville, Ar- Committee on Armed Services: Committee concluded a kansas. hearing to examine strategic options for the way ENGAGING WITH MUSLIM COMMUNITIES ahead in Afghanistan and Pakistan, after receiving testimony from Lieutenant General David W. Barno, Committee on Foreign Relations: Committee concluded USA (Ret.), Director, National Defense University a hearing to examine engaging with Muslim com- Near East South Asia Center for Strategic Studies, munities around the world, after receiving testimony Washington, D.C.; James Dobbins, RAND Corpora- from Madeleine K. Albright, former Secretary of tion International Security and Defense Policy Cen- State; Admiral William J. Fallon, USN (Ret.), ter, Arlington, Virginia; and Marin J. Strmecki, former Commander of United States Central Com- Smith Richardson Foundation, Westport, Con- mand, Cambridge, Massachusetts; Dahlia Mogahed, necticut. Gallup Center for Muslim Studies, Washington, D.C.; Eboo Patel, Interfaith Youth Core, Chicago, Il- BUSINESS MEETING linois; and Jim Sciutto, London, United Kingdom. Committee on Armed Services: Committee adopted its rules of procedure for the 111th Congress. PROTECTING ANIMAL AND PUBLIC HEALTH HOMEOWNER AFFORDABILITY AND Committee on Homeland Security and Governmental STABILITY PLAN Affairs: Subcommittee on Oversight of Government Committee on Banking, Housing, and Urban Affairs: Management, the Federal Workforce, and the Dis- Committee concluded a hearing to examine the Ad- trict of Columbia concluded a hearing to examine ministration’s Homeowner Affordability and Sta- protecting public and animal health, focusing on

VerDate Nov 24 2008 03:57 Feb 27, 2009 Jkt 079060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D26FE9.REC D26FEPT1 jbell on PROD1PC69 with DIGEST February 26, 2009 CONGRESSIONAL RECORD — DAILY DIGEST D181

homeland security and the federal veterinarian work- Human Services; Robert Moore, Rosebud Sioux force, after receiving testimony from Lisa Shames, Tribe of South Dakota, Rosebud, on behalf of the Director, Natural Resources and Environment, Gov- Greats Plains Tribal Chairman’s Association and the ernment Accountability Office; Nancy H. Kichak, Aberdeen Area Tribal Chairman’s Health Board; R. Associate Director for Strategic Human Resources Dale Walker, Oregon Health and Science University Policy, Office of Personnel Management; Gerald W. One Sky Center American Indian/Alaska Native Na- Parker, Principal Deputy Assistant Secretary, Office tional Resource Center for Substance Abuse and of the Assistant Secretary of Health and Human Mental Health Services, Portland; Hayes A. Lewis, Services for Preparedness and Response; Jill M. Center for Lifelong Education at the Institute of Crumpacker, Director, Office of Human Capital American Indian Arts, Santa Fe, New Mexico; Teresa Management, Departmental Administration, Depart- LaFromboise, Stanford University School of Edu- ment of Agriculture; Thomas J. McGinn, Chief Vet- cation, Stanford, California; and Dana Lee Jetty, Fort erinarian, Office of Health Affairs, Department of Totten, North Dakota. Homeland Security; and W. Ron DeHaven, Amer- ican Veterinary Medical Association, Michael BUSINESS MEETING Gilsdorf, National Association of Federal Veterinar- Committee on the Judiciary: Committee ordered favor- ians, and Marguerite Pappaioanou, Association of able reported the nomination of David W. Ogden, American Veterinary Medical Colleges, all of Wash- of Virginia, to be Deputy Attorney General, of the ington, D.C. Department of Justice. INTEGRATIVE CARE Also, committee adopted its rules of procedure for the 111th Congress. Committee on Health, Education, Labor, and Pensions: Committee concluded a hearing to examine integra- VETERANS IN RURAL AREAS tive care, focusing on a pathway to a healthier na- Committee on Veterans’ Affairs: Committee concluded a tion, after receiving testimony from Mehmet C. Oz, hearing to examine caring for veterans in rural areas, Columbia University, New York, New York; Mark after receiving testimony from Kara Hawthorne, Di- Hyman, Ultra Wellness Center, Lenox, Massachu- rector, Office of Rural Health, and Adam Darkins, setts; Dean Ornish, Preventive Medicine Research Chief Consultant, Care Coordination, Office of Pa- Institute, Sausalito, California; and Andrew Weil, tient Care Services, both of the Veterans Health Ad- Arizona Center for Integrative Medicine, Vail. ministration, Department of Veterans Affairs; Ri- BUSINESS MEETING cardo C. Flippin, CARE–NET: Caring Beyond the Committee on Health, Education, Labor, and Pensions: Yellow Ribbon, Charleston, West Virginia; Alan Committee adopted its rules of procedure for the Watson, Saint Mary’s Medical Center of Campbell 111th Congress. County, Lafollette, Tennessee; Thomas Loftus, Amer- ican Legion Post #45, Clarksville, Virginia; and Mat- YOUTH SUICIDE IN INDIAN COUNTRY thew Kuntz, National Alliance on Mental Illness, Committee on Indian Affairs: Committee concluded an Helena, Montana. oversight hearing to examine youth suicide in Indian country, after receiving testimony from Senator Reid; INTELLIGENCE Robert G. McSwain, Director, Indian Health Service, Select Committee on Intelligence: Committee held closed and Eric B. Broderick, Acting Administrator, Sub- hearings on intelligence matters, receiving testimony stance Abuse and Mental Health Services Adminis- from officials of the intelligence community. tration, both of the Department of Health and Committee recessed subject to call. h House of Representatives Chamber Action Additional Cosponsors: Page H2875 Reports Filed: There were no reports filed today. Public Bills and Resolutions Introduced: 36 public bills, H.R. 1205–1240; and 13 resolutions, H.J. Speaker: Read a letter from the Speaker wherein she Res. 25; H. Con. Res. 64–68; and H. Res. 194–200 appointed Representative Salazar to act as Speaker were introduced. Pages H2872–75 Pro Tempore for today. Page H2837

VerDate Nov 24 2008 03:57 Feb 27, 2009 Jkt 079060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D26FE9.REC D26FEPT1 jbell on PROD1PC69 with DIGEST D182 CONGRESSIONAL RECORD — DAILY DIGEST February 26, 2009 Chaplain: The prayer was offered by the guest Adjournment: The House met at 10 a.m. and ad- Chaplain, Reverend Michael E. Askew, Sr., Trinity journed at 2:49 p.m. United Presbyterian Church, Tallahassee, Florida. Page H2837 Helping Families Save Their Homes Act of 2009: Committee Meetings The House began consideration of H.R. 1106, to DEFENSE APPROPRIATIONS prevent mortgage foreclosures and enhance mortgage credit availability. Further proceedings were post- Committee on Appropriations: Subcommittee on Defense poned. Pages H2839–62 held a hearing on Outsourcing. Testimony was heard H. Res. 190, the rule providing for consideration from Gordon S. Heddell, Acting Inspector General, of the bill, was agreed to by a yea-and-nay vote of Department of Defense. 224 yeas to 198 nays, Roll No. 89, after agreeing to order the previous question by a yea-and-nay vote HOMELAND SECURITY APPROPRIATIONS of 238 yeas to 183 nays, Roll No. 88. Pages H2846–48 Committee on Appropriations: Subcommittee on Home- Suspensions: The House agreed to suspend the rules land Security held a hearing on Disaster Response: and agree to the following measure which was de- Is FEMA up to the Challenge? Testimony was heard bated on Wednesday, February 25th: from Dave Garrett, Acting Administrator, FEMA, Department of Homeland Security; and Edward Expressing condolences to the families, friends, Tonini, Adjutant General, State of Kentucky. and loved ones of the victims of the crash of Conti- nental Connection Flight 3407: H. Res. 183, to ex- WORKFORCE INVESTMENT INNOVATIONS press condolences to the families, friends, and loved Committee on Education and Labor: ones of the victims of the crash of Continental Con- Subcommittee on Higher Education, Lifelong Learning and Competi- nection Flight 3407, by a 2 3 ⁄ yea-and-nay vote of tiveness held a hearing on New Innovations and Best 399 yeas with none voting ‘‘nay’’, Roll No. 90. Practices Under the Workforce Investment Act. Tes- Page H2862 timony was heard from Cheryl Keenan, Director, Di- Providing for a recess of the House for a joint vision of Adult Literacy, Department of Education, meeting to receive the Right Honorable Gordon District of Columbia; George Scott, Director, Edu- Brown, Prime Minister of the United Kingdom cation, Workforce and Income Security Issues, GAO; of Great Britain and Northern Ireland: Agreed by Scandi Vita,, Acting Secretary, Department of Labor unanimous consent that it may be in order at any and Industry, State of Pennsylvania; and public wit- time on Wednesday, March 4, 2009, for the Speaker nesses. to declare a recess, subject to the call of the chair, for the purpose of receiving in joint meeting the TOXIC SUBSTANCES CONTROL Right Honorable Gordon Brown, Prime Minister of Committee on Energy and Commerce: Subcommittee on the United Kingdom of Great Britain and Northern Commerce, Trade and Consumer Protection held a Ireland. Page H2862 hearing on Revisiting the Toxic Substances Control Meeting Hour: Agreed that when the House ad- Act of 1976. Testimony was heard from John Ste- journs today, it adjourn to meet at 12:30 p.m. on phenson, Director, Natural Resources and Environ- Monday, March 2nd for morning hour debate. ment, GAO; former Representative Calvin M. Page H2862 Dooley of California; J. Clarence Davies, former As- Presidential Message: Read a message from the sistant Administrator for Policy, EPA; and public President wherein he transmitted to Congress a re- witnesses. port entitled A New Era of Responsibility—referred to the Committee on Appropriations and ordered CLIMATE LEGISLATION—RENEWABLE printed (H. Doc. 111–19). Pages H2864–65 ENERGY Senate Message: Message received from the Senate Committee on Energy and Commerce: Subcommittee on today appears on page H2837. Energy and Environment held a hearing on Renew- able Energy: Complimentary Policies for Climate Senate Referrals: S. Con. Res. 8 was held at the Legislation. Testimony was heard from Howard K. desk. Page H2837 Gruenspecht, Acting Administrator, Energy Informa- Quorum Calls—Votes: Three yea-and-nay votes de- tion Administration, Department of Energy; Ron veloped during the proceedings of today and appear Binz, Chairman, Public Utilities Commission, Colo- on pages H2846, H2847–48 and H2862. There rado; Stan Wise, Commissioner, Public Utilities were no quorum calls. Commission, Georgia; and public witnesses.

VerDate Nov 24 2008 03:57 Feb 27, 2009 Jkt 079060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D26FE9.REC D26FEPT1 jbell on PROD1PC69 with DIGEST February 26, 2009 CONGRESSIONAL RECORD — DAILY DIGEST D183 MONETARY POLICY/STATE OF THE Testimony was heard from Joan Ferrini-Mundy, Di- ECONOMY vision Director, Division of Research on Learning in Committee on Financial Services: Concluded hearings on Formal and Informal Settings, Education and monetary policy and the state of the economy. Testi- Human Resources Directorate, NSF; and public wit- mony was heard from public witnesses. nesses. U.S.-INDIA RELATIONS AFTER MUMBAI VA’S GI BILL IMPLEMENTATION Committee on Foreign Affairs: Subcommittee on Mid- Committee on Veterans’ Affairs: Subcommittee on Eco- dle East and South Asia held a hearing on Building nomic Opportunity held a hearing on VA’s Update a Strategic Partnership: U.S.-India Relations in the on Short and Long-Term Strategies for Imple- Wake of Mumbai. Testimony was heard from public menting New G.I. Bill Requirements. Testimony witnesses. was heard from Keith M. Wilson, Director, Office of Education Service, Veterans Benefits Administration, TICKETMASTER/LIVE NATIONAL MERGER Department of Veterans Affairs; and CAPT Mark Committee on the Judiciary: Subcommittee on Courts Krause, USN, Chief Staff Officer, Space and Naval and Competition Policy held a hearing on Competi- Warfare Systems Center, Atlantic, Department of the tion in the Ticketing and Promotion Industry. Testi- Navy. mony was heard from Representative Pascrell; and public witnesses. ECONOMICALLY DISTRESSED TAXPAYER ASSISTANCE HARDROCK MINING AND RECLAMATION ACT OF 2009 Committee on Ways and Means: Subcommittee on Oversight held a hearing on IRS Assistance for Tax- Committee on National Resources: Subcommittee on En- payers Experiencing Economic Difficulties. Testi- ergy and Mineral Resources held a hearing on H.R. mony was heard from the following officials of the 699, Hardrock Mining and Reclamation Act of IRS, Department of the Treasury: Linda E. Stiff, 2009. Testimony was heard from Representative Deputy Commissioner, Services and Enforcement; Heller; Robin M. Nazzaro, Director, Natural Re- and Nina E. Olson, National Taxpayer Advocate. sources and Environment, GAO; and public witnesses. Joint Meetings NEW FEDERAL CONTRACTS—HOW CONVICTS AND CON ARTISTS RECEIVE RESTORING THE ECONOMY THEM Joint Economic Committee: Committee concluded a Committee on Oversight and Government Reform: Held a hearing to examine restoring the economy, focusing hearing on How Convicts and Con Artists Receive on strategy for short-term and long-term change, New Federal Contracts. Testimony was heard from after receiving testimony from Paul A. Volcker, Gregory Kutz, Managing Director, Forensic Audits Chairman, President’s Economic Advisory Board; and Special Investigations, GAO; the following offi- Roger C. Altman, Evercore Partners, New York, cials of the GSA: James Williams, Commissioner, New York; Adam S. Posen, Peterson Institute for Federal Acquisition Service; and David Drabkin, International Economics, Washington, D.C.; and Jo- Acting Chief Acquisition Officer and Senior Procure- seph R. Mason, Louisiana State University, Berwyn, ment Executive; BG Edward Harrington, USA (ret.), Pennsylvania. Deputy Assistant Secretary, Procurement, Depart- f ment of the Army; and CAPT Michael Jaggard, U.S. Navy (ret.), Chief of Staff/Policy for the Deputy As- COMMITTEE MEETINGS FOR FRIDAY, sistant Secretary of the Navy (DASN) for Acquisition FEBRUARY 27, 2009 and Logistics Management (A&LM); and public wit- (Committee meetings are open unless otherwise indicated) nesses. Senate INFORMAL STEM EDUCATION No meetings/hearings are scheduled. Committee on Science and Technology: Subcommittee on Research and Science Education held a hearing on House Beyond the Classroom: Informal STEM Education. No committee meetings are scheduled.

VerDate Nov 24 2008 03:57 Feb 27, 2009 Jkt 079060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D26FE9.REC D26FEPT1 jbell on PROD1PC69 with DIGEST D184 CONGRESSIONAL RECORD — DAILY DIGEST February 26, 2009

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Friday, February 27 12:30 p.m., Monday, March 2

Senate Chamber House Chamber Program for Friday: Senate will be in a period of morn- Program for Monday: To be announced. ing business.

Extensions of Remarks, as inserted in this issue

HOUSE Gingrey, Phil, Ga., E474, E488 Paulsen, Erik, Minn., E487 Gutierrez, Luis V., Ill., E493 Pelosi, Nancy, Calif., E463 Baca, Joe, Calif., E464 Harman, Jane, Calif., E495 Poe, Ted, Tex., E464, E465, E466, E472, E474, E475 Blumenauer, Earl, Ore., E492 Hirono, Mazie K., Hawaii, E492 Price, David E., N.C., E474 Brown, Corrine, Fla., E500 Hoekstra, Peter, Mich., E494 Putnam, Adam H., Fla., E483, E489 Buchanan, Vern, Fla., E465, E496 Holt, Rush D., N.J., E463 Radanovich, George, Calif., E472 Calvert, Ken, Calif., E495 Johnson, Timothy V., Ill., E476 Rahall, Nick J., II, W.Va., E482, E501 Carnahan, Russ, Mo., E493 Kirk, Mark Steven, Ill., E465, E501 Rangel, Charles B., N.Y., E466, E502 Connolly, Gerald E., Va., E482, E484 Larson, John B., Conn., E481 Rogers, Mike, Ala., E492 Costello, Jerry F., Ill., E465 Latham, Tom, Iowa, E472 Royce, Edward R., Calif., E484 Courtney, Joe, Conn., E483 Lee, Barbara, Calif., E464, E473 Sarbanes, John P., Md., E474 Davis, Geoff, Ky., E484 McCarthy, Kevin, Calif., E478 Davis, Susan A., Calif., E499 McCotter, Thaddeus G., Mich., E482 Simpson, Michael K., Idaho, E467 DeGette, Diana, Colo., E481 McGovern, James P., Mass., E499 Terry, Lee, Nebr., E483, E493, E502 Duncan, John J., Jr., Tenn., E487 Massa, Eric J.J., N.Y., E466 Towns, Edolphus, N.Y., E479 Fortenberry, Jeff, Nebr., E496 Meek, Kendrick B., Fla., E483 Van Hollen, Chris, Md., E466, E493 Foster, Bill, Ill., E463 Meeks, Gregory W., N.Y., E495, E501 Whitfield, Ed, Ky., E463 Gallegly, Elton, Calif., E489 Moran, James P., Va., E489 Wilson, Joe, S.C., E463 Garrett, Scott, N.J., E489 Ortiz, Solomon P., Tex., E489 Wolf, Frank R., Va., E492 Gerlach, Jim, Pa., E477 Paul, Ron, Tex., E493, E502 Young, Don, Alaska, E479

E PL UR UM IB N U U S The Congressional Record (USPS 087–390). The Periodicals postage is paid at Washington, D.C. The public proceedings of each House Congressional Record of Congress, as reported by the Official Reporters thereof, are printed pursuant to directions of the Joint Committee on Printing as authorized by appropriate provisions of Title 44, United States Code, and published for each day that one or both Houses are in session, excepting very infrequent instances when two or more unusually small consecutive issues are printed one time. ¶ Public access to the Congressional Record is available online through GPO Access, a service of the Government Printing Office, free of charge to the user. The online database is updated each day the Congressional Record is published. The database includes both text and graphics from the beginning of the 103d Congress, 2d session (January 1994) forward. It is available through GPO Access at www.gpo.gov/gpoaccess. Customers can also access this information with WAIS client software, via telnet at swais.access.gpo.gov, or dial-in using communications software and a modem at 202–512–1661. Questions or comments regarding this database or GPO Access can be directed to the GPO Access User Support Team at: E-Mail: [email protected]; Phone 1–888–293–6498 (toll-free), 202–512–1530 (D.C. area); Fax: 202–512–1262. The Team’s hours of availability are Monday through Friday, 7:00 a.m. to 5:30 p.m., Eastern Standard Time, except Federal holidays. ¶ The Congressional Record paper and 24x microfiche edition will be furnished by mail to subscribers, free of postage, at the following prices: paper edition, $252.00 for six months, $503.00 per year, or purchased as follows: less than 200 pages, $10.50; between 200 and 400 pages, $21.00; greater than 400 pages, $31.50, payable in advance; microfiche edition, $146.00 per year, or purchased for $3.00 per issue payable in advance. The semimonthly Congressional Record Index may be purchased for the same per issue prices. To place an order for any of these products, visit the U.S. Government Online Bookstore at: bookstore.gpo.gov. Mail orders to: Superintendent of Documents, P.O. Box 371954, Pittsburgh, PA 15250–7954, or phone orders to 866–512–1800 (toll free), 202–512–1800 (D.C. area), or fax to 202–512–2250. Remit check or money order, made payable to the Superintendent of Documents, or use VISA, MasterCard, Discover, American Express, or GPO Deposit Account. ¶ Following each session of Congress, the daily Congressional Record is revised, printed, permanently bound and sold by the Superintendent of Documents in individual parts or by sets. ¶ With the exception of copyrighted articles, there are no restrictions on the republication of material from the Congressional Record. POSTMASTER: Send address changes to the Superintendent of Documents, Congressional Record, U.S. Government Printing Office, Washington, D.C. 20402, along with the entire mailing label from the last issue received.

VerDate Nov 24 2008 03:57 Feb 27, 2009 Jkt 079060 PO 00000 Frm 00006 Fmt 0664 Sfmt 0664 E:\CR\FM\D26FE9.REC D26FEPT1 jbell on PROD1PC69 with DIGEST