July 15, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 13 17757 SENATE—Wednesday, July 15, 2009

The Senate met at 9:30 a.m. and was Mr. REID. Mr. President, I suggest HOUSE, Ms. KLOBUCHAR, Mr. SPECTER, Mr. called to order by the Honorable RO- the absence of a quorum. FRANKEN, Ms. MIKULSKI, Mr. MERKLEY, Mrs. LAND W. BURRIS, a Senator from the The ACTING PRESIDENT pro tem- GILLIBRAND, Mr. MENENDEZ, Mrs. SHAHEEN, State of Illinois. pore. The clerk will call the roll. Mr. KERRY, Mr. UDALL of Colorado, Mr. DODD, Mr. HARKIN, Mr. WYDEN, Mr. CASEY, The assistant legislative clerk pro- Ms. CANTWELL, Mr. LAUTENBERG, Mr. LIEBER- PRAYER ceeded to call the roll. MAN, Mrs. BOXER, Mr. BROWN, Mr. AKAKA, The Chaplain, Dr. Barry C. Black, of- Mr. REID. Mr. President, I ask unan- Mr. SANDERS, Mrs. MURRAY, and Mr. REED, fered the following prayer: imous consent that the order for the proposes an amendment numbered 1511. Let us pray. quorum call be rescinded. Mr. REID. Mr. President, I ask unan- Our Eternal God, we lift grateful The ACTING PRESIDENT pro tem- imous consent that the reading of the hearts for the great heritage of our Na- pore. Without objection, it is so or- amendment be dispensed with. tion. Thank You for those who pur- dered. The ACTING PRESIDENT pro tem- chased our freedom with blood, toil, Mr. REID. Mr. President, my under- pore. Without objection, it is so or- and tears. Give us this day a vivid vi- standing is the clerk will report the dered. sion of what You expect our Nation to matter before the Senate at this time. (The amendment is printed in today’s become, as we accept the torches of in- f RECORD under ‘‘Text of Amendments.’’) tegrity and faithfulness from those RESERVATION OF LEADER TIME Mr. REID. I now ask for the yeas and who have gone before us. nays. Lord, give our lawmakers a reverence The ACTING PRESIDENT pro tem- The ACTING PRESIDENT pro tem- for Your Name and a determination to pore. Under the previous order, the pore. Is there a sufficient second? please You with their thoughts, words, leadership time is reserved. There appears to be a sufficient second. and deeds. Enable them to bear with f The yeas and nays are ordered. fortitude the fret of care, the sting of NATIONAL DEFENSE AUTHORIZA- AMENDMENT NO. 1539 TO AMENDMENT NO. 1511 criticism, and the drudgery of TION ACT FOR FISCAL YEAR 2010 Mr. REID. I now call up a second-de- unapplauded toil. Direct them to the gree amendment which is at the desk. The ACTING PRESIDENT pro tem- sources of moral energy so that Your The ACTING PRESIDENT pro tem- pore. Under the previous order, the strength may be linked to their limita- pore. The clerk will report. Senate will resume consideration of S. tions. The assistant legislative clerk read 1390, which the clerk will report. We pray in Your great Name. Amen. as follows: The assistant legislative clerk read f as follows: The Senator from Nevada [Mr. REID], for Mr. KENNEDY, proposes an amendment num- PLEDGE OF ALLEGIANCE A bill (S. 1390) to authorize appropriations bered 1539 to amendment No. 1511. for fiscal year 2010 for military activities of The Honorable ROLAND BURRIS led the Department of Defense, for military con- Mr. REID. I ask unanimous consent the Pledge of Allegiance, as follows: struction, and for defense activities of the that the reading of the amendment be I pledge allegiance to the Flag of the Department of Energy, to prescribe military dispensed with. United States of America, and to the Repub- personnel strengths for such fiscal year, and The ACTING PRESIDENT pro tem- lic for which it stands, one nation under God, for other purposes. pore. Without objection, it is so or- indivisible, with liberty and justice for all. Pending: dered. f Levin/McCain amendment No. 1469, to The amendment is as follows: strike $1,750,000,000 in procurement, Air (Purpose: To require comprehensive study APPOINTMENT OF ACTING Force funding for F–22A aircraft procure- and support for criminal investigations PRESIDENT PRO TEMPORE ment, and to restore operation and mainte- and prosecutions by State and local law The PRESIDING OFFICER. The nance, military personnel, and other funding enforcement officials) clerk will please read a communication in divisions A and B that was reduced in At the end of the amendment, insert the order to authorize such appropriation. to the Senate from the President pro following: AMENDMENT NO. 1469 WITHDRAWN SEC. ll. COMPREHENSIVE STUDY AND SUP- tempore (Mr. BYRD). Mr. LEVIN. Mr. President, I with- PORT FOR CRIMINAL INVESTIGA- The assistant legislative clerk read TIONS AND PROSECUTIONS BY the following letter: draw Senate amendment No. 1469. STATE AND LOCAL LAW ENFORCE- The ACTING PRESIDENT pro tem- MENT OFFICIALS. U.S. SENATE, (a) STUDIES.— PRESIDENT PRO TEMPORE, pore. The Senator has that right. Washington, DC, July 15, 2009. AMENDMENT NO. 1511 (1) COLLECTION OF DATA.— (A) DEFINITION OF RELEVANT OFFENSE.—In To the Senate: (Purpose: To provide Federal assistance to this paragraph, the term ‘‘relevant offense’’ Under the provisions of rule I, paragraph 3, States, local jurisdictions, and Indian means a crime described in subsection (b)(1) of the Standing Rules of the Senate, I hereby tribes to prosecute hate crimes, and for of the first section of Public Law 101–275 (28 appoint the Honorable ROLAND W. BURRIS, a other purposes) U.S.C. 534 note) and a crime that manifests Senator from the State of Illinois, to per- Mr. REID. On behalf of Senator form the duties of the Chair. evidence of prejudice based on gender or age. LEAHY, myself, and others, I call up (B) COLLECTION FROM CROSS-SECTION OF ROBERT C. BYRD, President pro tempore. amendment No. 1511, which is at the STATES.—Not later than 120 days after the desk. date of enactment of this Act, the Comp- Mr. BURRIS thereupon assumed the The ACTING PRESIDENT pro tem- troller General of the United States, in con- chair as Acting President pro tempore. pore. The clerk will report the amend- sultation with the National Governors’ Asso- f ment. ciation, shall, if possible, select 10 jurisdic- tions with laws classifying certain types of The assistant legislative clerk read RECOGNITION OF THE MAJORITY offenses as relevant offenses and 10 jurisdic- as follows: LEADER tions without such laws from which to col- The Senator from Nevada [Mr. REID], for lect the data described in subparagraph (C) The ACTING PRESIDENT pro tem- Mr. LEAHY, Ms. COLLINS, Mr. KENNEDY, Ms. over a 12-month period. pore. The majority leader is recog- SNOWE, Mr. LEVIN, Mrs. FEINSTEIN, Mr. SCHU- (C) DATA TO BE COLLECTED.—The data de- nized. MER, Mr. DURBIN, Mr. CARDIN, Mr. WHITE- scribed in this paragraph are—

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

VerDate Mar 15 2010 14:38 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00001 Fmt 0686 Sfmt 0634 E:\BR09\S15JY9.000 S15JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD 17758 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 13 July 15, 2009 (i) the number of relevant offenses that are (4) GRANT AMOUNT.—A grant under this know that some of the estimates we reported and investigated in the jurisdiction; subsection shall not exceed $100,000 for any are hearing about health care reform (ii) the percentage of relevant offenses that single case. are misleading. And we also know that are prosecuted and the percentage that re- (5) REPORT AND AUDIT.—Not later than De- the administration is building up a sult in conviction; cember 31, 2008, the Attorney General, in (iii) the duration of the sentences imposed consultation with the National Governors’ substantial track record of its own of for crimes classified as relevant offenses in Association, shall— dubious predictions that it has used to the jurisdiction, compared with the length of (A) submit to Congress a report describing sell its ideas to the public. sentences imposed for similar crimes com- the applications made for grants under this We saw it with the stimulus. In sell- mitted in jurisdictions with no laws relating subsection, the award of such grants, and the ing one of the most expensive pieces of to relevant offenses; and effectiveness of the grant funds awarded; and legislation in history, the administra- (iv) references to and descriptions of the (B) conduct an audit of the grants awarded tion said it had to be passed right laws under which the offenders were pun- under this subsection to ensure that such away, with almost no scrutiny. If we ished. grants are used for the purposes provided in (D) COSTS.—Participating jurisdictions this subsection. did not pass it right away, they said, shall be reimbursed for the reasonable and (6) AUTHORIZATION OF APPROPRIATIONS.— the economy would collapse. necessary costs of compiling data collected There is authorized to be appropriated Here is what the President said about under this paragraph. $5,000,000 for each of the fiscal years 2008 and the importance of passing the stimulus (2) STUDY OF RELEVANT OFFENSE ACTIVITY.— 2009 to carry out this section. bill as quickly as possible: ‘‘If we don’t (A) IN GENERAL.—Not later than 18 months CLOTURE MOTION act immediately, then millions more after the date of enactment of this Act, the jobs will disappear, the national unem- Comptroller General of the United States Mr. REID. I send a cloture motion to shall complete a study and submit to Con- the desk. ployment rates will approach double gress a report that analyzes the data col- The ACTING PRESIDENT pro tem- digits, more people will lose their lected under paragraph (1) and under section pore. The cloture motion having been homes and their health care, and our 534 of title 28, United States Code, to deter- presented under rule XXII, the Chair nation will sink into a crisis that at mine the extent of relevant offense activity directs the clerk to read the motion. some point is going to be that much throughout the United States and the suc- The assistant legislative clerk read tougher to reverse.’’ cess of State and local officials in combating as follows: As it turns out, the administration that activity. overpromised. (B) IDENTIFICATION OF TRENDS.—In the CLOTURE MOTION study conducted under subparagraph (A), the We, the undersigned Senators, in accord- They predicted the stimulus would Comptroller General of the United States ance with the provisions of rule XXII of the keep the unemployment rate from ap- shall identify any trends in the commission Standing Rules of the Senate, hereby move proaching double digits. We passed the of relevant offenses specifically by— to bring to a close debate on the Leahy stimulus, and unemployment is now (i) geographic region; amendment No. 1511 to S. 1390, the National approaching double digits. It was sup- (ii) type of crime committed; and Defense Authorization Act for Fiscal Year posed to keep millions of jobs from dis- (iii) the number and percentage of relevant 2010. appearing. We passed it, and since then offenses that are prosecuted and the number Evan Bayh, Roland W. Burris, Benjamin for which convictions are obtained. L. Cardin, Patrick J. Leahy, Sheldon we have lost more than 2 million jobs. (b) ASSISTANCE OTHER THAN FINANCIAL AS- Whitehouse, Jeff Bingaman, Bernard It was supposed to save or create be- SISTANCE.—At the request of a law enforce- Sanders, John F. Kerry, Carl Levin, tween 3 and 4 million jobs. We passed ment official of a State or a political sub- Frank R. Lautenberg, Dianne Fein- it, and now the administration is back- division of a State, the Attorney General, stein, Tom Harkin, Robert Menendez, pedaling on that prediction too. Now it acting through the Director of the Federal Richard J. Durbin, Christopher J. says it is ‘‘very hard to say’’ how many Bureau of Investigation and in cases where Dodd, Charles E. Schumer, Harry Reid. the Attorney General determines special cir- jobs have been saved or created. The cumstances exist, may provide technical, fo- Mr. REID. Mr. President, Senator stimulus was supposed to have an im- rensic, prosecutorial, or any other assistance LEVIN will give an explanation as to mediate impact. We passed it, and it in the criminal investigation or prosecution why the amendment was withdrawn. has not. Despite all the predictions of any crime that— But my friend, the Republican leader, about its effect on the economy, the (1) constitutes a crime of violence (as de- has the first right of recognition. administration now says it expects un- fined in section 16 of title 18, United States HEALTH CARE WEEK VI, DAY III employment to continue to rise in the Code); (2) constitutes a felony under the laws of Mr. MCCONNELL. Mr. President, as months ahead. the State; and Republicans and Democrats debate the Now, in an attempt to pass an even (3) is motivated by animus against the vic- best way to reform health care, Ameri- costlier and far-reaching government tim by reason of the membership of the vic- cans are increasingly concerned about action, a government takeover of tim in a particular class or group. the price tag and about who gets stuck health care, the administration is mak- (c) GRANTS.— with the bill. The Federal deficit sud- ing similarly aggressive claims about (1) IN GENERAL.—The Attorney General denly stands at more than $1 trillion the dangers of not approving its plan. may, in cases where the Attorney General determines special circumstances exist, for the first time in history, and so far The administration says that if we do make grants to States and local subdivisions this year we are spending about $500 not pass its health care proposal then of States to assist those entities in the in- million a day in interest alone on the the economy will get even worse. It vestigation and prosecution of crimes moti- national debt. It is as if every single says that if we do not approve its vated by animus against the victim by rea- American gets up in the morning, health care proposal then the quality son of the membership of the victim in a par- walks over to the window, and tosses $2 of everyone’s health care will be jeop- ticular class or group. out into the wind every day for the ardized. It says that if we do not pass (2) ELIGIBILITY.—A State or political sub- next 10 years. It is not a bad analogy, this trillion dollar bill now, then we division of a State applying for assistance under this subsection shall— but that is what we are doing. And now will miss out on a chance to save (A) describe the purposes for which the the advocates of a government take- money on health care down the road. grant is needed; and over of health care are talking about I do not know if these claims are ac- (B) certify that the State or political sub- spending trillions more. curate, and I do not believe the admin- division lacks the resources necessary to in- So Americans are worried about istration is making these claims in bad vestigate or prosecute a crime motivated by cost—and they have good reason to be. faith. But I do know that Americans animus against the victim by reason of the Not only are we in a tough situation got burned on the stimulus, and I know membership of the victim in a particular fiscally, we have no idea how much this that some in the administration have class or group. reform will really cost. We know from said that a crisis is a terrible thing to (3) DEADLINE.—An application for a grant under this subsection shall be approved or experience with government-run pro- waste. So at the very least, Americans disapproved by the Attorney General not grams like Medicare and Medicaid that have a right to be skeptical about the later than 10 days after the application is early estimates often grossly under- administration’s latest effort to rush submitted. estimate what they end up costing. We through a major piece of legislation

VerDate Mar 15 2010 14:38 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00002 Fmt 0686 Sfmt 0634 E:\BR09\S15JY9.000 S15JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD July 15, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 13 17759 without allowing us to evaluate it. It is The bottom line is we were here all ficult to argue it is not significant leg- a worthwhile question: Why does the day yesterday. We attempted repeat- islation. administration say we have to send edly to obtain an agreement as to when Thirdly, as Senator KENNEDY so pow- them a bill that would essentially na- we could vote on the Levin-McCain erfully argued—and those of us who tionalize one-sixth of the U.S. economy amendment. joined with him a few years ago on this when many parts of the legislation We had a lot of time yesterday for amendment surely agreed—the values itself would not even go into effect for people to make speeches. We had time that are involved in this legislation, another 4 years? the day before. We have time anytime. the effort to make America a better Americans are right to be skeptical But we have to get to a vote on that place, a place freer of hate crimes, when administration officials say we amendment. surely is one of the values our men and cannot fix the economy without fixing The reason we were not able to get to women put their uniforms on and fight health care, or that the Democrat plan a vote is because of the next amend- for. The closer we can come to a soci- for health care will not cause people to ment, which the majority leader indi- ety which is freer of hate crimes, the lose their current insurance when the cated is going to be taken up on this better off we are internally, the closer CBO says it will, or that a government- bill, the so-called hate crimes amend- we will live up to what we stand for in run takeover of health care will not ment. We have a law relative to hate our basic fundamental documents and add to the ballooning national debt. crimes. This had been an important our history. It is what men and women After the stimulus, Americans have a amendment to the law to add a group who fight for the United States and right to be skeptical about all these who had been left out, two groups pre- carry out their missions are fighting claims, especially when they are told viously left out of the existing hate for—not just physical threats to this these reforms have to happen quickly, crimes law. It would have also had an country but for the values for which we and especially when our experience important definition of Federal inter- stand, for freedom from hate, for diver- with Medicare and Medicaid and gov- est in this hate crimes legislation. sity, for freedom from intimidation ernment health care at the State level Hate crimes legislation is not new. and violence based on one’s religion, shows us that initial estimates and This body had approved hate crimes ethnicity or the other attributes listed predictions can be way off the mark. legislation a couple years ago on the in the hate crimes legislation. Senator COLLINS, for example, has Defense authorization bill. The argu- It is important legislation. It relates discussed the problems they have had ment was made at that time that the to the values of this country, values in Maine as a result of its attempt to hate crimes bill should not be offered which our men and women take such create a government-run health plan, on a Defense authorization bill. Sen- risks for when they go into harm’s of what a disappointment that has ator KENNEDY offered hate crimes leg- way. The rules of this body allow for it. been. Six years ago, Maine instituted islation a couple years ago on the De- Somehow or other, the fact that we Dirigo Health as a government option fense authorization bill. The debate were going to proceed to a hate crimes after advocates made the same prom- was extensive at that time as to why amendment on this bill, even whether it was next in line or whether it was ises about what it would do to bring on this bill. down costs and increase access that the The reason it was offered on this bill down the line in terms of amendments, advocates of a nationwide government is obvious. This is legislation. The Sen- the fact that it was made clear that, health plan are making right now in ate rules allow for amendments such as again, on a Defense authorization bill, Washington. hate crimes or any other amendment as we have in the past, in the past with Yet 6 years later, the Dirigo experi- to be offered on legislation that is 60 Members of this body supporting it, ment has turned out to be a colossal, the fact that that was made known in pending before the Senate. The minor- and extremely costly, failure. Despite an open and honest way to Members of ity has offered many nonrelevant initial promises, it has not covered this body apparently precipitated a de- amendments this year on legislation. most of the uninsured. And yet it has termination on the part of some that On the American Recovery and Rein- led to higher taxes on thousands of they not allow us to get to a vote on vestment Act, there was an amend- Maine residents who were already the pending Levin-McCain amendment. ment relative to ACORN. On the DC struggling to pay for private coverage. That prospect, that open statement voting rights bill, there were amend- In short: Dirigo turned out to cause the that there would be a hate crimes ments relative to guns and to the fair- same problems in Maine that some of amendment offered on this bill became ness doctrine. On and on and on. The us are predicting for all Americans if the impediment, apparently, from all Congress rushes to approve a national Senate rules permit nongermane, non- we can determine, to our getting agree- government plan. relevant amendments to be offered to ment for a time for a vote on Levin- Americans want us to take the time pending legislation. It is not at all new. McCain. necessary to make health care less ex- The opportunity to do that has been The question is, How to remove that pensive and more accessible, while pre- taken by many of us this year, last impediment. There were two choices: serving what they like about our sys- year, the year before and, I am sure, Either agree not to offer the hate tem. Americans want health care re- next year. First, it is not new. It is crimes amendment or remove the im- form, but they do not want to give a common in the Senate to offer amend- pediment. We have to now remove the green light to a reform that only ends ments which are not relevant to a bill impediment. There is not a willingness up costing them more for worse care that is pending. That is allowed under on the part of a significant number of than they currently have. The fact that our rules. Senators—and I believe a majority— Americans are increasingly concerned The hate crimes amendment is an not to offer a hate crimes amendment. about how much health care reform is important amendment. I don’t think It is pending legislation that is before going to cost should not be a reason to anybody would deny the importance of us. rush. It should be a reason for us to this amendment. With hate crimes The amendment is an important take the time to get it right. going up in the United States, it is amendment. It has been offered before. The ACTING PRESIDENT pro tem- critically important we strengthen our There is precedent for offering it on the pore. The Senator from Michigan. hate crimes law. There are Senators Defense authorization bill. The rules Mr. LEVIN. Mr. President, to explain who oppose the amendment. That is allow for it, so we don’t need a prece- where we are, let me take a few min- the reason we are here, to debate, to dent, but there is a precedent for doing utes, first of all, on the procedures. argue for or to argue against. But I so. There are dozens of precedents for Then I want to go back and make some don’t think one can argue it is uncom- offering nonrelevant amendments to comments about the Levin-McCain mon, unusual or improper to offer non- legislation which is pending before the amendment, which will come back. relevant amendments to legislation Senate. This is temporarily withdrawn because which is pending. Regardless of one’s We will come back, obviously, to the we could not get to a vote. position on hate crimes, it is very dif- Levin-McCain amendment. The Levin-

VerDate Mar 15 2010 14:38 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00003 Fmt 0686 Sfmt 0634 E:\BR09\S15JY9.000 S15JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD 17760 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 13 July 15, 2009 McCain amendment is a very impor- ment for these new vehicles to support of the strong evidences that that con- tant amendment on this bill. We have our forces in Afghanistan that had not clusion is correct. The letter is already to deal with the decision of the Armed been reflected in the budget request. I part of the record so I will quote brief- Services Committee, on a close vote, to don’t believe any member of the Armed ly from it. The Secretary of the Air add F–22 planes, which uniformed and Services Committee or any Member of Force and the Chief of Staff of the Air civilian leaders of the military indicate this body should act as a rubberstamp Force concluded in part, as follows: they do not want and do not need and for any budget request, and the evi- In summary, we assessed the F–22 decision we cannot afford. We have had some de- dence will show over and over again, from all angles, taking into account com- bate. We had plenty of time for others year after year, that our committee peting strategic priorities and complemen- to debate it. Everyone who wanted to does not act as a rubberstamp. tary programs and alternatives, all balanced speak on the subject, I believe, had The question on the Levin-McCain within the context of available resources. We amendment is whether we are right, did not and do not recommended that F–22s more than enough opportunity to do be included in the FY10 defense budget. This so. Last night we heard from the Sen- that the leadership of our military, is a difficult decision, but one with which we ator from Georgia as to his reasons for both civilian and uniformed, made a are comfortable. offering the amendment in committee sound judgment when they, similar to That is from the letter of the Sec- to add the additional F–22s. I com- their predecessors in the Bush adminis- retary of the Air Force and the Chief of pliment the Senator from Georgia for tration, determined that we should end Staff of the Air Force, so it should all the hard work he has done on our production of the F–22. The debate is make very clear what the Air Force’s committee. It is another example of not about whether we will have the ca- position is on the matter. how the Armed Services Committee pability of the F–22. It is a debate On another matter that was raised by works together. Our Presiding Officer about how many F–22 aircraft we the Senator from Georgia last night, is a distinguished member of the com- should have and at what cost. listening to his arguments, one might mittee so he knows this firsthand, how We are talking about whether we will conclude that the F–22 is the only air- we work together, guided by one basic accept the recommendation of two craft we have or are planning to have principle: for the good of the Nation, Commanders in Chief, two Secretaries that could operate effectively in the for the good of the men and women in of Defense, plus the Joint Chiefs of presence of very capable enemy sur- the armed services. We disagree, obvi- Staff and their chairmen, that 187 F– face-to-air missile systems. But the ously, on the Levin-McCain amend- 22s is all we need, all we can afford, and Department has provided contrary evi- ment. There is surely, however, agree- all we should buy. Senator MCCAIN and dence. In his letter to myself and Sen- ment that our intentions are always to I have made a number of arguments ator MCCAIN on July 13, the Secretary adhere to that principle—what is best about why we believe stopping the F–22 of Defense said the following: for our Nation, what is best for the program at 187 is the right thing to do. . . . the F–35 is a half generation newer air- men and women who put on the uni- I will not repeat all those arguments craft than the F–22, and more capable in a form of the Nation. now, particularly since we have tempo- number of areas such as electronic warfare So while there was committee dis- rarily withdrawn the amendment. But and combating enemy air defenses. To sus- agreement and disagreement on this it is important that I clarify promptly tain U.S. overall air dominance, the Depart- a number of points made by the Sen- ment’s plan is to buy roughly 500 F–35s over floor on the question of whether addi- the next five years and more than 2,400 over tional F–22s should be produced, the ator from Georgia during the debate the life of the program. yesterday so they do not remain disagreement is not along party lines The key words in that sentence by uncontested. and rarely, if ever, is along party lines the Secretary of the Defense in his let- on the Armed Services Committee. I First, the Senator said that the Air Force had not been involved in any of ter is that there will be a ‘‘more capa- wish to, again, compliment not only ble’’ aircraft in the F–35 than the F–22 the studies that led to determining the Senator from Georgia but also ‘‘in a number of areas such as . . . com- that 187 F–22s was the correct number other members of the committee for bating enemy air defenses.’’ sticking to that very important prin- of aircraft to buy. A few days ago, the I think we all agree our military ciple. committee heard contrary testimony needs to maintain air dominance. But I also agree with something the Sen- from the vice chairman of the Joint as the Secretary’s letter points out, ator from Georgia said last night rel- Chiefs of Staff that there are at least the F–22 aircraft is not the only air- ative to another of our operating prin- two studies that support the depart- craft the Department is relying upon ciples. We have the right and the duty ment’s plans for tactical aviation, in- to contribute to making that air domi- to challenge assumptions made in the cluding stopping F–22 production, in- nance a reality. In fact, in certain bill sent to us by any administration cluding a recently completed study. areas, such as electronic warfare and and to act in accordance with our best This is what he said: combating surface-to-air missiles, the judgment about what is right and what There is a study in the Joint Staff that we Department of Defense is counting on just completed and partnered with the Air is in the best interests of the Nation. the F–35 fleet to meet those missions We are not a rubberstamp to every pro- Force on that, number one, said that pro- liferating within the United States military with greater effectiveness even than posal offered by the executive branch. fifth-generation fighters to all three services with the F–22. The Congress, hopefully, never will be. was going to be more significant than having The Senator from Georgia, last The Senator from Georgia pointed them based solidly in just one service, be- night, argued that proposing cuts in a out a number of cases where we have cause of the way we deploy and because of number of areas—just like the com- acted as anything but a rubberstamp to the diversity of our deployments. mittee 13-to-11 vote indicated and his a budget request. We added funds, for So the Vice Chairman of the Joint proposal accomplished—that shifting instance, in this bill for a larger pay Chiefs referred to a recent study that funds to the F–22 program and shifting raise than the executive branch re- led to the conclusion that Senator money from other areas was not doing quested to honor the service of the men MCCAIN and I support. That study was any harm to other programs within the and women in the military who have partnered with the Air Force, unlike Defense Department. been bearing an extraordinarily heavy what was stated last night by the Sen- I have previously talked about the burden for the country fighting in Iraq ator from Georgia that these studies specifics relative to this issue, and I and Afghanistan. We added $1.2 billion did not have Air Force involvement. wish to summarize the difference on for a more mobile variant of the Mine There is a strong analytical under- this point very briefly, as, again, we Resistant Ambush Protected Vehicle, pinning for the decision of the adminis- will be coming back to this issue. It is called the MRAP. This MRAP variant tration, including the Air Force. A let- withdrawn temporarily, but, obviously, is called the MRAP all-terrain vehicle. ter from the Secretary of the Air Force we will return to this issue and resolve The reason we did this is because we and the Chief of Staff of the Air Force this issue prior to the determination of knew there was an emerging require- on this matter is one underpinning, one this bill.

VerDate Mar 15 2010 14:38 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00004 Fmt 0686 Sfmt 0634 E:\BR09\S15JY9.000 S15JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD July 15, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 13 17761 First, we did not assume any first- production of the F–35—there are 30 F– the Levin-McCain amendment escapes year savings from acquisition reform 35s being produced for the military. So me, I must say. Because we are going or business process reengineering. Both this is not a future deal when we talk to get to the hate crimes amendment these initiatives will yield savings. The about F–35s. This is a here-and-now whether we are allowed a vote on the Senator from Arizona and I, and with deal. We are already into low-rate ini- F–22 amendment. Not allowing us a the support of our colleagues on the tial production. There are already at vote, not agreeing to a time for a vote Armed Services Committee, all unani- least five test aircraft flying, and we on the Levin-McCain amendment does mously supported acquisition reform. have 30 F–35s funded in this bill which not obviate the fact there is going to At the time we adopted that, and at is before this body now. be a hate crimes amendment offered. the time the President signed our bill, Let me summarize the situation rel- As a matter of fact, it is now the ac- we indicated there will be significant ative to the Levin-McCain amendment tual amendment before us. And every- savings from reforming the acquisition that would strike the additional fund- one knew that. system. But those savings do not occur ing for the F–22s, the additional planes So I do not understand the logic be- in 2010. Nobody has alleged, and there that the military does not want, does hind the refusal to permit a vote on an is no support for any conclusion, that not need, and says we cannot afford. amendment—the Levin-McCain amend- savings from acquisition reform are First, the F–22 is a very capable air- ment—because of objection to going to going to occur in the first year it is in craft. There should be no doubt about a vote on hate crimes, when we are effect. As a matter of fact, its main it. We have them. We need them. And going to that hate crimes amendment thrust is to apply to new weapons sys- they are valuable. anyway and when we are going to have tems to make sure their technologies, Next, the Air Force has already to come back to the Levin-McCain for instance, are mature so we do not bought, and will pay for, 187 F–22 air- amendment. Everybody knows it. We end up producing equipment that has craft. So the debate is not about are going to have to resolve both those technologies incorporated in it that whether we will have that capability of amendments. So the decision some have not been adequately tested. the F–22 for the next 20 years. We will. made to deny us an opportunity to vote So we are not going to see savings in We should, and we will. The debate is at this time on Levin-McCain simply fiscal year 2010, as the Senator from over how many F–22s are enough to stymies this body from doing what it is Georgia assumed in his amendment meet the Nation’s requirements. Two going to do. that was adopted barely by the com- Presidents—President Obama and There are many people who disagree mittee to fund the F–22 add-on. The re- President Bush—two Secretaries of De- with the Levin amendment. Fine. fense, three Chairmen of the Joint sult is $500 million he assumed from There are many people who disagree on Chiefs, current members of the Joint savings ends up as across-the-board the hate crimes amendment. That is Chiefs of Staff all agree that 187 F–22s real program cuts. their right. But what is undeniable is, I also would point out that the cost is all we need to buy and all we should we are going to resolve both, one way estimate of S. 1390 that we just re- buy. or the other. We are going to resolve The debate also concerns what dam- ceived from the Congressional Budget both of those and hopefully a lot of age will be done if we do not reverse Office did not assume any savings from other material and a lot of other the cuts that were taken to pay for the amendments. They are both going to be those initiatives. Those, again, were additional F–22s—to pay for the $1.75 savings which helped to fund the addi- billion in the F–22 add. Those cuts are resolved, one way or the other, on this tional F–22s—alleged savings. They are $400 million to military personnel ac- bill. Argue both sides, argue neither phantom savings in the first year. counts, $850 million to operations and side, but you cannot argue, it seems to Secondly, on the operation and main- maintenance accounts, and $500 million me, that we should not allow a vote on tenance reductions that were used to across-the-board reductions to the De- the first amendment before us—Levin- fund the F–22 add, the original com- partment of Defense budget. McCain—because of opposition to an- mittee position on this matter—O&M, We received a letter from the Presi- other amendment which is going to be operation and maintenance reduc- dent this week saying he will veto the offered. tions—was developed consistent with Defense authorization bill if it includes I know there is strong opposition to the Government Accountability Office the F–22 production. hate crimes. I understand it. I under- analysis. The reductions, however, that So our amendment is a critically im- stand why people say it should not be were taken in operation and mainte- portant amendment. It involves a lot of on this bill, despite the rules which nance by the Senator from Georgia money, and there is a lot of principle allow it. I respect the right to disagree when he offered this amendment in involved as to whether we should con- with it. But I do not understand the committee to add the F–22s go far be- tinue to be building weapons we no logic or the strategy which denies us yond what was indicated by the Gov- longer need and we have enough of. We the opportunity to vote on an amend- ernment Accountability Office’s anal- need the F–22. There is no doubt about ment which has been thoroughly de- ysis and far beyond what is prudent. that. But we have enough of the F–22, bated—the Levin-McCain amendment— Finally, relative to the offsets that according to all our military leaders— because there is another amendment were taken, the $400 million cut applied civilian and uniformed leaders alike. down the line which is going to be of- to the military personnel funding top But we cannot get to a vote, and that fered which people object to, when they line will greatly complicate the De- is the fact of the matter. We have wait- know it is coming up. Despite strong partment’s ability to manage the All- ed for an agreement to get to a vote on feelings that it should not come up, it Volunteer Force and to provide for bo- the Levin-McCain amendment. Repeat- is coming up. It is now before us. Ev- nuses and incentives that will be need- edly, I have asked whether we can set eryone knew it was going to come up. ed to support the force. It might even a time for a vote, and the answer has So now we are stymied. We are sty- be troublesome enough that the De- come back: We cannot set a time for a mied from resolving an amendment partment of Defense would be forced to vote. It is clear that for some reason, which has to be resolved, one way or ask for a supplemental appropria- which, frankly, I do not fully under- the other—Levin-McCain—because of tions—something we wanted to get stand—the reason we are not permitted objection to another amendment being away from this year and finally have. to get to a vote on the Levin-McCain offered. I don’t get the logic. I don’t So one other thing is, there are some amendment is because of the prospect, understand the strategy. I understand who suggest: Well, the F–35 is just a the fact that either the next amend- the feelings and I respect the feelings, paper airplane that is the future. We ment or somehow down the line on this although I disagree with people who have the F–22 now. The F–35 is not here bill there is going to be offered a hate oppose the Levin-McCain amendment yet. It is here. There are—in this budg- crimes amendment. and I disagree with people who oppose et alone, in the fiscal year 2010 budget, How that and why that should result the hate crimes amendment. So I un- which is the fourth year, by the way, of in a denial of an opportunity to vote on derstand the feelings. I don’t share the

VerDate Mar 15 2010 14:38 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00005 Fmt 0686 Sfmt 0634 E:\BR09\S15JY9.000 S15JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD 17762 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 13 July 15, 2009 feelings, but I respect them, and I re- time for the vote on the Levin-McCain fenses. We regard the broad federalization of spect their right to fight against these amendment because we have been crime as a menace to civil liberties. There is amendments. But for the life of me, I made aware that a hate crimes bill— no better place to draw the line on that proc- do not understand why we are denied and by the way, not an ordinary, small, ess than with a bill that purports to protect civil rights. an opportunity to vote on Levin- specific amendment, but 17 pages, plus While the title of MSHCPA suggests that it McCain because of an objection to an- 6 additional pages, encompassing a will apply only to ‘‘hate crimes,’’ the actual other amendment. All it does is slow piece of legislation that is before this criminal prohibitions contained in it do not down this body. It stymies this body body that has never moved through the require that the defendant be inspired by ha- from resolving issues which are going Judiciary Committee. It has not moved tred or ill will in order to convict. It is suffi- to be resolved. As certain as this body through the Judiciary Committee, the cient if he acts ‘‘because of’’ someone’s ac- is here, this is going to be resolved. appropriate committee of oversight. tual or perceived race, color, religion, na- So the majority leader of the Senate tional origin, gender, sexual orientation, These are going to be resolved like a gender identity or disability. Consider: lot of other amendments. I don’t know comes to the floor, after prevailing Rapists are seldom indifferent to the gen- how they will be resolved. That is not upon the distinguished chairman to der of their victims. They are virtually al- certain; it never is. But they will be re- withdraw his amendment—an amend- ways chosen ‘‘because of’’ their gender. solved because that is the nature of the ment of some consequence, a $1.75 bil- A robber might well steal only from Senate, to resolve these issues. lion expenditure, and, far more impor- women or the disabled because, in general, Again, I thank my good friend from tant than even the money, a real con- they are less able to defend themselves. Lit- Arizona. I know there are differences frontation between special interests erally, they are chosen ‘‘because of’’ their gender or disability. on the question of whether hate crimes and the national interests—so that we While Senator Edward Kennedy has writ- ought to be offered on this bill. I re- can move to the hate crimes bill. ten that it was not his intention to cover all spect him deeply, and I respect his po- The hate crimes bill is not without rape with MSHCPA, some DOJ officials have sitions and his right to hold them. controversy, I say. In fact, it is inter- declined to disclaim such coverage. More- While I surely disagree with the deci- esting that on June 16, 2009, the U.S. over, both the objective meaning of the lan- sion that has been made to not permit Commission on Civil Rights sent a let- guage and considerable legal scholarship us to move at this time to a resolution ter to the Vice President and to the would certainly include such coverage. If all rape and many other crimes that do not rise of Levin-McCain, I nonetheless have a leaders of the Congress opposing the hate crimes bill. to the level of a ‘‘hate crime’’ in the minds great understanding of the feelings of ordinary Americans are covered by here. I appreciate them and I respect I ask unanimous consent to have this MSHCPA, then prosecutors will have ‘‘two them. letter printed in the RECORD. bites at the apple’’ for a very large number I yield the floor. There being no objection, the mate- of crimes. The ACTING PRESIDENT pro tem- rial was ordered to be printed in the DOJ officials have argued that MSHCPA is pore. The Senator from Arizona is rec- RECORD, as follows: needed because state procedures sometimes ognized. COMMISSION ON CIVIL RIGHTS, make it difficult to obtain convictions. They have cited a Texas case from over a decade Mr. MCCAIN. Mr. President, I know Washington, DC, June 16, 2009. Re S. 909. ago involving an attack on a black man by there are a lot of other issues that are three white hoodlums. Texas law required Hon. JOSEPH BIDEN, Jr., consuming the interests of my col- the three defendants to be tried separately. President, U.S. Senate, leagues and the American people, such By prosecuting them under federal law, how- Hon. ROBERT C. BYRD, as the confirmation hearings of Judge ever, they could have been tried together. As President Pro Tempore, U.S. Senate, Sotomayor; the HELP Committee, of a result, admissions made by one could be in- Hon. HARRY REID, troduced into evidence at the trial of all which I am a member, is reporting out Majority Leader, U.S. Senate, three without falling foul of the hearsay one of the most massive takeovers and Hon. MITCH MCCONNELL, rule. expenditures of taxpayer dollars in his- Minority Leader, U.S. Senate, Such an argument should send up red flags. Hon. RICHARD DURBIN, tory; and we have this bill on the floor, It is just an end-run around state procedures Majority Whip, U.S. Senate, and there are other issues. So it has designed to ensure a fair trial. The citizens Hon. JON KYL, probably gone unnoticed that we have of Texas evidently thought that separate Minority Whip, U.S. Senate, seen another really—if not unprece- trials were necessary to ensure that innocent Hon. PATRICK LEAHY, men and women are not punished. No one dented, certainly highly unusual action Chairman, Senate Judiciary Committee, was claiming that Texas applies this rule on the part of the majority. Hon. JEFF SESSIONS, only when the victim is black or female or Frankly, to my colleagues on this Ranking Member, Senate Judiciary Committee. gay. And surely no one is arguing that Tex- side of the aisle and the American peo- Hon. RUSSELL FEINGOLD, ans are soft on crime. Why interfere with Chairman, Senate Judiciary Subcommittee on ple, elections have consequences. What their judgment? we have just seen is an amendment be- the Constitution, We are unimpressed with the arguments in fore this body and a piece of legislation Hon. TOM COBURN, favor of MSHCPA and would be happy to dis- before this body that I think one could Ranking Member, Senate Judiciary Sub- cuss the matter further with you if you so committee on the Constitution. desire. Please do not hesitate to contact any argue is probably of more importance DEAR MR. PRESIDENT AND DISTINGUISHED of us with your questions or comments. The than any other we consider because it SENATORS: We write today to urge you to Chairman’s Counsel and Special Assistant, authorizes the measures necessary to vote against the proposed Matthew Shepard Dominique Ludvigson, is also available to preserve the security of this Nation, Hate Crimes Prevention Act (S. 909) further direct your inquiries. care for the men and women who are (‘‘MSHCPA’’). We believe that MSHCPA will do little Sincerely, serving in the military, and meet the GERALD A. REYNOLDS, future threats we will face in the 21st good and a great deal of harm. Its most im- portant effect will be to allow federal au- Chairman. century. thorities to re-prosecute a broad category of ABIGAIL THERNSTROM, So what has happened here is that defendants who have already been acquitted Vice Chair. the majority leader, with the agree- by state juries—as in the Rodney King and PETER KIRSANOW, ment of my friend from Michigan, Crown Heights cases more than a decade ago. Commissioner. whom I highly respect and regard, has Due to the exception for prosecutions by ASHLEY TAYLOR, JR., Commissioner. made it clear that their highest pri- ‘‘dual sovereigns,’’ such double prosecutions are technically not violations of the Double GAIL HERIOT, ority is not that. Their highest priority Commissioner. is a hate crimes bill—a hate crimes bill Jeopardy Clause of the U.S. Constitution. But they are very much a violation of the TODD GAZIANO, that has nothing to do whatsoever with spirit that drove the framers of the Bill of Commissioner. defending this Nation. Rights, who never dreamed that federal Mr. MCCAIN. The U.S. Commission My friend from Michigan just com- criminal jurisdiction would be expanded to on Civil Rights sends a letter saying: plained that we haven’t had a time for the point where an astonishing proportion of Dear Mr. President and distinguished Sen- the vote. Of course we haven’t had a crimes are now both state and federal of- ators: We write today to urge you to vote

VerDate Mar 15 2010 14:38 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00006 Fmt 0686 Sfmt 0634 E:\BR09\S15JY9.000 S15JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD July 15, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 13 17763 against the Matthew Shepard Hate Crimes ments put on bills which are non- part of this debate and ultimately Prevention Act. germane, but I haven’t seen the major- would like to offer it to the President That is basically the bill the major- ity leader of the Senate—the majority for signature. It has been debated in ity leader has just inserted into the leader of the Senate, whose responsi- the House of Representatives, and it is process of legislation designed to de- bility is to move legislation through a bill that I think we can quickly come fend this Nation’s national security. Of the Senate—take a totally nonrel- together with the House on and agree course there are strong feelings on it. evant, all-encompassing, controversial on common terms. So it is an impor- This is a complete abdication of the re- piece of legislation and put it on a bill tant opportunity. sponsibilities of the Judiciary Com- that is as important to the Nation’s se- I might say to Senator MCCAIN that I mittee but, more importantly, could curity as is this legislation. We are have offered what we would call unre- hang up this bill for a long period of breaking new ground here, let’s have lated amendments in the past, and he time. While we have young Americans no doubt about it. It is one thing to has as well. Going back many years, in fighting and dying in two wars, we are sometimes have one Member or two or 1993 Senator MCCAIN offered a line-item going to take up the hate crimes bill others propose amendments that hap- veto amendment to a bill involving because the majority leader thinks pen to be their pet project or their pet voter registration. He also offered that that is more important—more impor- peeve. It is an entirely different same amendment to research bills and tant—than legislation concerning the thing—it is an entirely different thing, to a bill involving the travel rights of defense of this Nation. I am sure the and I have never seen it before—that blind individuals. He had a super- men and women in the military serving the majority leader of the Senate majority requirement to increase taxes in his home State would be interested comes to the floor and introduces an ir- added to a bill—unrelated—on the sub- to know about his priorities. relevant piece of legislation that is ject of unemployment compensation. So here we are. Now we will go controversial, that is fraught with im- So it is not unusual. I have done it. through—I am sure the majority leader plications for this and future genera- Senator MCCAIN has done it. In fact, this year we have seen it hap- will file cloture, we will go through 30 tions, to a bill that is totally nonrel- pen repeatedly. In fact, most of the hours of debate, and we will have an- evant. After 30 hours of debate, we will amendments have come from the other other vote. All of this is unnecessary. have a vote on closing that debate and side of the aisle. Senator VITTER—on a Why couldn’t we move the hate crimes including it in the legislation. I am bill that tried to put the economy back bill—remember, this is not a single- deeply, deeply disappointed, and I ques- on track—offered an amendment that shot amendment on a specific small tion anyone’s priorities who puts this was critical of an organization known issue; this is a huge issue, the whole kind of legislation ahead of the needs as ACORN. It had nothing to do with issue of hate crimes. It is a huge issue. of the men and women who are serving the stimulus package. It was his per- It deserves hearings and debate and our military with bravery, courage, amendment in the Judiciary Com- sonal feeling about that organization and distinction. that led to the amendment. Senator mittee. But what are we going to do? Mr. President, I suggest the absence ENSIGN of Nevada offered a controver- For reasons that I guess the majority of a quorum. sial amendment which, in fact, stalled leader can make clear because I don’t The ACTING PRESIDENT pro tem- a bill that was relating to the voting get it, he wants to put it on the na- pore. The clerk will call the roll. rights of the citizens of the District of tional defense authorization bill and The legislative clerk proceeded to Columbia. Senator ENSIGN’s amend- pass it that way. He will probably suc- call the roll. ment dealt with gun control, which ceed, and he will call it ‘‘bipartisan.’’ Mr. DURBIN. Mr. President, I ask didn’t have a direct bearing on the The last time I checked, it has 44 unanimous consent that the order for question of DC voting rights. Senator Democratic cosponsors and 2 Repub- the quorum call be rescinded. DEMINT raised the question of the fair- licans. That is the definition, by the The PRESIDING OFFICER (Mr. BEN- ness doctrine of the Federal Commu- way, around here of bipartisan bills. NET). Without objection, it is so or- nications Commission—another That is the way the stimulus package dered. amendment to the DC voting bill. Sen- was bipartisan. That is how the omni- Mr. DURBIN. Mr. President, we are ator THUNE of South Dakota offered an bus spending bill was bipartisan. And I currently on the Department of De- amendment relative to concealed fire- am pretty confident that if health care fense authorization bill and an amend- arms, again on the DC voting rights ment that has been offered by the ‘‘reform’’ passes, it will probably be in bill. another ‘‘bipartisan’’ fashion. Democratic majority leader relative to The list goes on. To suggest what was So we will have some hours of debate. the creation of a new Federal crime of done this morning is unusual is to ig- We will have more exacerbated feelings hate crimes. nore the obvious. For the better part of between this side of the aisle and that Earlier, the Senator from Arizona, this year, amendments have been com- side of the aisle. I would imagine that Mr. MCCAIN, came to the floor to ques- ing from the Republican side of the the hate crimes bill, given the makeup tion the wisdom of adding that kind of aisle that are unrelated to the subject of this body, may even be put on a de- legislation to a bill related to the De- matter of the bill, and that has been a fense authorization bill—a huge issue. partment of Defense. Most people, fact of Senate life. A huge issue will now be placed on a when they hear that argument, would This amendment being offered by defense authorization bill and passed say: Why don’t they do these bills sepa- Senator REID, as well as many others through the Congress and signed by the rately? It turns out that under the Sen- relative to hate crimes, is a very im- President. That is a great disservice to ate rules, oftentimes there are few op- portant one. I would like to speak to it. the American people. The American portunities to move a bill forward. It is I speak in strong support of the pas- people deserve debate and discussion not at all unusual for Senators to come sage of this hate crimes legislation. We and hearings and witnesses on this leg- forward and offer what appears to be, plan on voting on it as an amendment islation. They deserve it. They don’t and may in fact be, an unrelated to the Defense authorization bill. For deserve to have a hate crimes bill put amendment to a bill that is likely to several years, the Senate has taken up on this legislation which has no rela- pass and be signed by the President. these two measures, and for several tion whatsoever to hate crimes. Too often, we pass bills that die in years both the House and the Senate I will probably have a lot more to say transit to the House or once over in the have passed the hate crimes bill only about this in the hours ahead. I have House never see the light of day. They to see it blocked by filibuster threats been around this body a fair amount of have the same complaint about the or veto vows. time. I have watched the Defense au- Senate. We are fortunate to have a new Presi- thorization bill wind its way through This is legislation, hate crimes legis- dent who supports this hate crimes leg- Congress, and occasionally, including lation, which we believe is timely, im- islation. When the House of Represent- at other times, I have seen amend- portant, and which we want to make atives took up this legislation just a

VerDate Mar 15 2010 14:38 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00007 Fmt 0686 Sfmt 0634 E:\BR09\S15JY9.000 S15JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD 17764 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 13 July 15, 2009 couple months ago, President Obama ual orientation are the third most com- clear for all of the people of good faith issued a statement which said: mon after those based on race and reli- who would listen. I urge Members on both sides of the aisle gion. About 15 percent of all hate And listen to the words of Geoffrey to act on this important civil rights issue by crimes are based on sexual orientation. Stone, a first amendment scholar at passing this legislation to protect all our Our laws cannot ignore this reality. the University of Chicago Law School: citizens from violent acts of intolerance. Let me address some of the argu- It is settled First Amendment law that an What a difference a year has made. ments that have been made against individual cannot constitutionally be pun- When Congress took up the hate crimes this hate crimes bill. Some of my con- ished for attempting to incite others to com- bill last Congress, President Bush stituents—in fact, most of those who mit crimes, unless the speaker expressly in- called it ‘‘unnecessary and constitu- write in opposition to the bill—are cites unlawful conduct and such conduct is tionally questionable.’’ He promised to writing either personally or on behalf likely to occur imminently. The last time of churches. There are people who be- the Supreme Court upheld a criminal convic- veto it. tion for incitement was more than a half The American people said last No- lieve this bill would be an infringement century ago. vember that they wanted a President on religious speech. Their concern is I also note that 24 States—nearly who will take our country in a dif- that a minister could be prosecuted if half of the States in America—have ferent direction. President Obama is he sermonizes against homosexuality, hate crime laws on the books that in- doing that, and he is doing it on this and after that a member of his con- clude sexual orientation, and religious issue as well. gregation assaults someone on the leaders are not being prosecuted in The hate crimes bill has another im- basis of their sexual orientation. I un- those States. That is just not the pur- portant supporter who, sadly, cannot derstand their concern, but it is mis- pose of the hate crimes laws. Prosecu- be with us on the floor today, and that placed. tors aren’t going around looking to put is Senator TED KENNEDY of Massachu- The chair of the Judiciary Com- ministers or people with religious be- setts, who has been our leader on this mittee, Senator PATRICK LEAHY, held a liefs contrary to certain sexual ori- issue for over 10 years. I wish he were hearing last month on the hate crimes entations in jail. here to make another impassioned bill. Attorney General Eric Holder was Moreover, I think it is time that speech for its passage. Nobody speaks the star witness. I attended the hearing many people in the religious commu- to this issue with more authority and and asked the Attorney General point- nity would come forward and support clarity than Senator KENNEDY. Senator blank whether a religious leader could this legislation. They should take com- KENNEDY has been called the heart and be prosecuted under the facts I just de- fort in knowing that if they believe in- soul of the Senate. Passing this bill scribed. I talked to him about a min- tolerance and hate are not part of their will honor the great work he has given ister in a church who might stand be- spiritual message, this law is a good in his public career to the cause of civil fore his or her congregation and argue law in support of their beliefs. rights. that the Bible states clearly, from This law would go beyond the six The Kennedy hate crimes bill now be- their point of view, that persons en- narrow areas I covered earlier. It would fore us is one of the most important gaged in homosexual conduct are sin- be an important consideration since 20 pieces of civil rights legislation of our ners, and if after that sermon someone percent of all hate crimes are com- time. I am proud to cosponsor it. I gen- sitting in the congregation, in anger, mitted on the basis of a person’s reli- erally believe Congress should be care- turns and strikes someone who is gay, gion. This hate crimes law will actu- ful in federalizing crime. In the case of can the minister be held responsible for ally protect those discriminated hate crimes, there is a demonstrated inciting this person to strike someone against because of their religious be- problem and a carefully crafted solu- of a different sexual orientation. This lief. That should be another reason for tion. is what the Attorney General said in those of faith to come forward and con- Here is the problem—in fact, it is response to this hypothetical question sider supporting it. twofold. First, the existing Federal I raised: Another criticism of the Kennedy bill hate crimes law, passed in 1968 after This bill seeks to protect people from con- is one that has been around for a long the assassination of Dr. Martin Luther duct that is motivated by bias. It has noth- ing to do with regard to speech. The minister time. It is an argument about States’ King, covers only six narrow cat- who says negative things about homosex- rights. They argue there is no need to egories. In order for the current law to uality, about gay people, this is a person I pass a Federal hate crimes law because apply, a person has to be physically as- would not agree with, but is not somebody the States can do the job on their own. saulted on the basis of race, national who would be under the ambit of this stat- This argument is remarkably similar origin, or religion, while engaging in ute. to one we faced almost a century ago one of the following specific activities: Based on that representation from when Congress debated an antilynching using a public accommodation, serving the Nation’s top law enforcement offi- law. Between 1881 and 1964 there is evi- as a juror, attending a public school, cer, I hope some from religious commu- dence that almost 5,000 people—in fact, participating in a government pro- nities who have been writing to my of- 4,749—were lynched in the United gram, traveling in interstate com- fice will understand that my response States. Predominantly the victims merce, or applying for a job. to them over the months and years were African Americans. Yet Congress The Kennedy hate crimes bill now that they have been writing is con- resisted addressing this problem for being considered would expand cov- sistent with the interpretation of this generations. erage so that hate crimes could be hate crimes bill by the Attorney Gen- Let me read some quotes from a 1922 prosecuted wherever they took place as eral of the United States. CONGRESSIONAL RECORD when Congress long as there is an interstate com- It is also important to point out that debated whether to pass a bill making merce connection, such as the use of a the Kennedy hate crimes bill requires lynching a Federal crime. One Member weapon. Federal prosecutors would no bodily injury. It does not apply to of Congress said: longer be limited to the six narrow speech or harassment. It does not apply areas I mentioned earlier in the bill to those who would carry signs with The great body of the good people of the country know that the Federal Government passed some 41 years ago. messages of their religious beliefs. At- should let the States solve these purely local Secondly, the bill would expand the torney General Holder assured the Sen- questions. They know that peace and con- categories of people covered under the ate that, unless there is bodily injury fidence cannot come from distrust and sus- Federal hate crimes law. The current involved, no hate crimes prosecution picion and that this Congress cannot, by law provides no coverage for hate could be brought. I don’t know how he statute, change God’s eternal laws. crimes based on a victim’s sexual ori- could have been clearer or more defini- Another House Member said: entation, gender, gender identity, or tive. I am certain that some who don’t The question is whether or not we shall du- disability. Unfortunately, statistics want to accept the clear meaning of his plicate the State function by conferring the tell us that hate crimes based on sex- words will dispute him, but he was very same power upon the Federal Government as

VerDate Mar 15 2010 14:38 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00008 Fmt 0686 Sfmt 0634 E:\BR09\S15JY9.000 S15JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD July 15, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 13 17765 to this class of crimes. Ours is a government colleagues to support this important that had an element of hatred to it re- of divided Sovereignties. legislation. lating to race, color, religion, national The arguments this year against the Mr. President, I suggest the absence origin, ethnicity or sexual orientation. hate crimes bill sound very similar to of a quorum. The bill was actually enacted into law the arguments in 1922 against the The PRESIDING OFFICER. The in 1994, and it was an important first antilynching law. clerk will call the roll. step. We can all agree that criminal law is The assistant bill clerk proceeded to In the 105th Congress, Senator KEN- primarily a State and local function. It call the roll. NEDY introduced the Hate Crimes Pre- is estimated 95 percent of prosecutions Mrs. FEINSTEIN. Mr. President, I vention Act for the first time, and I for crimes occur at that level. But ask unanimous consent that the order was one of 33 cosponsors. That was 1997, there are some areas of criminal law in for the quorum call be rescinded. and this is the bill we are still talking which we have agreed the Federal Gov- The PRESIDING OFFICER. Without about today, 12 years later. In the 106th ernment can and should step in to help. objection, it is so ordered. Congress, Senator KENNEDY reintro- There are over 4,000 Federal crimes, Mrs. FEINSTEIN. Mr. President, it is duced the bill. The bill was bipartisan, 600 of which have been passed in the my understanding that we are now on it had 43 cosponsors, but it did not last 10 years. Hate crimes are a sad and the hate crimes amendment which pass. tragic reality in America. Last takes the form of the Hate Crimes Pre- In the 107th Congress, 2 years later, month’s horrific shooting, not far from vention Act introduced by Senator Senator KENNEDY reintroduced it here, at the Holocaust Museum in KENNEDY. I wish to speak on that again. It was bipartisan, and this time Washington, DC, was the most recent amendment. it had 50 cosponsors. In July of 2001, it reminder that hate-motivated violence I begin by commending and thanking was reported out of the Judiciary Com- still plagues our Nation. Senator KENNEDY for his leadership and mittee, but a cloture vote in 2002 failed Earlier this year in my home State of dedication on this issue for a long by a vote of 54 to 43. That was 7 years Illinois, two White men in the town of time. He has been the leader, he has ago. One-half of the Senate was cospon- Joliet used a garbage can to beat a 43- been persistent, and I know he remains soring this bill, but we lost by six votes year-old Black man outside a gas sta- fully supportive. on a cloture vote. tion while yelling racial epithets and This has been offered as an amend- Senator KENNEDY reintroduced the bill in the 108th, the 109th, and the stating: ‘‘This is for Obama.’’ The vic- ment to the Defense authorization bill. 110th Congresses. Each time there was tim sustained serious injuries, lacera- The reason is because it is so long over- broad and bipartisan support, but the tions, and bruises to his head. due. bill did not pass. In this Congress, the Last year, a University of Illinois This amendment will expand the Fed- bill has 45 cosponsors. The Attorney student was walking near his college eral definition of a hate crime so that General has testified in support of it, campus with three friends when an the Federal Government can prosecute and a similar bill has already passed attacker, yelling antigay slurs, pushed crimes committed because of a person’s the House. I believe it is time to pass him so forcefully he was knocked un- gender, gender identity, disability, or other sexual orientation. this legislation. conscious and suffered a head injury. Let me be candid and say I still do It would increase the Justice Depart- These are incidents in my home not understand the opposition to the ment’s authority to prosecute by re- State, which I am proud to represent, bill. It does not criminalize speech. It moving old restrictions that say a hate but I am not proud of this conduct, and only applies to violent acts. These are crime must involve a victim who is at- I do not think America should be proud acts where the victim is targeted be- tacked because of hate and attacked of this kind of intolerance and as- cause of who they are—because of their while voting, attending a public school, sault—physical assault—that has race, or national origin, or disability, serving on a jury or involved in an- taken place. or religion, or gender, or their sexual According to FBI data, which is other specially designated activity. So orientation. We should have passed this based on voluntary reporting, inciden- the application of the existing legisla- bill many years ago. tally, there are about 8,000 hate crimes tion is highly limited, and this would According to the FBI, hate crimes in America every year. Some experts remove that limitation. occur in the United States at a rate of estimate the real number is closer to It would authorize $5 million in Fed- approximately one for every single 50,000. eral grants to help States, localities, hour of the day. FBI statistics are not The Kennedy hate crimes bill will and Indian tribes investigate and pros- complete because they rely on vol- not eliminate hate crimes in America, ecute hate crimes. It would also allow untary reporting from local law en- but it will help ensure these crimes do the Federal Government to give impor- forcement agencies, but they are, none- not go unpunished. tant technical, forensic, and prosecu- theless, I think, chilling and compel- When Senator KENNEDY introduced torial assistance to States and local- ling. In 2007, 7,264 hate crimes incidents the hate crimes bill in April, here is ities that prosecute these kinds of were reported to the FBI with a total what he said—for TED, whom I wish crimes. of 9,535 victims. Approximately 50 per- could be with us today, I will repeat his It would authorize the Department of cent of the victims were attacked be- words so he is part of the RECORD in Justice to begin programs to combat cause of their race, 18 percent because support of this bill. Here is what he hate crimes committed by children and of their religion, 16 percent because of said: teenagers. This is important because their sexual orientation, 13 percent be- It has been over 10 years since Matthew this is a rising area of concern. cause of their ethnicity or national ori- Shepard was left to die on a fence in Wyo- It would allow law enforcement to gin, and 1 percent because of a dis- ming because of who he was. It has also been gather more data about violent hate ability. 10 years since this bill was initially consid- crimes so we know how big the problem The nonprofit Southern Poverty Law ered by Congress. In those 10 years, we have is and can work to fight against it. Center estimates that if we had infor- gained the political and public support that Let me give a little bit of history. I mation about all the hate crimes that is needed to make this bill become law. have been working on hate crimes Today, we have a President who is prepared occur in the United States, the total to sign hate crimes legislation into law, and since I joined the Senate and the Judi- number would be close to 50,000. a Justice Department that is willing to en- ciary Committee almost 17 years ago. I These crimes come in all sizes and all force it. We must not delay the passage of know the history of this amendment shapes, but they have one common this bill. Now is the time to stand up against very well. In the 103rd Congress, I in- theme: They leave people terrified, hate-motivated violence and recognize the troduced the Hate Crimes Sentencing hurt, even dead, and they rip commu- shameful damages it is doing to our Nation. Enhancement Act to substantially in- nities apart. In the words of Senator KENNEDY, crease criminal sentences whenever a I think we all remember the story of and in my own words as well, I urge my crime was committed on Federal land James Byrd, Jr., a 50-year-old Black

VerDate Mar 15 2010 14:38 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00009 Fmt 0686 Sfmt 0634 E:\BR09\S15JY9.000 S15JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD 17766 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 13 July 15, 2009 man, who was savagely murdered in 1,000 hate crimes against this commu- than 41 civil rights groups, 55 women’s Jasper, TX, in 1998, 11 years ago, while nity every single year since 1995. groups, 79 Latino groups, 16 gay rights this bill was under consideration. Mr. These crimes are equally chilling. groups, 63 religious organizations that Byrd was walking home from his par- Last December, a woman in my State, represent hundreds of individual con- ents’ home late one night. He was in the San Francisco Bay area—in gregations, by the International Asso- picked up by three White men in a Richmond, CA—who happened to be ciation of Chiefs of Police, the Federal pickup truck. They took him to the lesbian, was attacked by four men Law Enforcement Officers Association, woods, they savagely beat him, they when she got out of her car, which had the Major Cities Chiefs of Police, the chained him to the back of the truck, a gay pride sticker on its license plate. International Brotherhood of Police Of- and they dragged him 2 miles to his They raped her and made comments ficers, the United States Conference of death. His torso was found at the edge about her sexual orientation. Then Mayors, the American Veterans Com- of a paved road. His head and arm were they drove her 7 blocks away and raped mittee, and many others. found in a ditch a mile away. The three her over and over again before leaving This legislation is long overdue. men were later discovered to be Ku her naked on the ground near a burned- There is a problem out there. It de- Klux Klan supporters, bearing racist out apartment complex. serves to be solved. It deserves to be tattoos. This is the United States of America. deterred. It deserves to be punished. A crime like this is not just tragic In my State, too, in Oxnard, CA, a 15- This bill is long overdue. for the victim and his family but it year-old openly gay boy named Larry I thank Senator KENNEDY for his long makes an entire group of people terri- King was harassed and bullied by his history of leadership on this issue. In- fied to leave their homes at night, and classmates for many years. One day, in deed, if we are able to pass this bill it tears communities apart in a poten- 2008, he was sitting in an English class today, or whenever we vote, it will, in tially irreparable way. This is a hei- in school, when a fellow classmate fact, be a major tribute to him. nous crime. Hate was the driving moti- stood, took out a handgun and shot I yield the floor. vation and the law and the punishment him in the head. Larry King died in the The PRESIDING OFFICER. The Sen- ought to reflect that. hospital a few days later. ator from Arizona is recognized. Mr. Byrd was killed 11 years ago, and It is essential we give law enforce- Mr. MCCAIN. Mr. President, I wish to things have not gotten better. Let me ment all the resources we need to in- repeat and emphasize the unprece- tell you about three trends I find par- vestigate, to solve, to prosecute, and to dented fashion that we are now ad- ticularly disturbing. First, hate crimes punish these crimes. dressing legislation that concerns our targeting Hispanic Americans rose 40 Finally, there is a third area I am Nation’s security and the well-being percent between 2003 and 2007. FBI sta- very concerned about. Most of the and welfare of the men and women who tistics show these crimes are rising worst of these crimes are being com- are serving it. every single year. In 2003, 426 crimes mitted today by young people. On elec- I always thought the job of the ma- against Latinos; in 2004, 475; 2005, 522;— tion night, just last year, four young jority leader of the Senate was to move see it ratcheting up—2006, 576; and 2007, men between the ages of 18 and 21 legislation through the Senate. Obvi- 595. That is a 40-percent increase in 4 drove to a predominantly African- ously, the majority leader has come to years. American neighborhood in Staten Is- the floor of the Senate and, at the re- The Leadership Conference on Civil land, where they brutally beat a Black quest of the majority leader, the chair- Rights has reported that this increase teenager who was walking home from man of the committee has taken out an in violence correlates with the heated watching the election results. They amendment that addresses a $1.75 bil- debate over comprehensive immigra- went on to assault another Black man, lion F–22 amendment that the Presi- tion reform, and we have all heard the and they used their car to run over a dent has placed his personal stamp on talk shows that preach hatred. This is third man they believed to be black. passing, that the Secretary of Defense part of the result. Regardless of the They injured this man so badly he was has viewed as one of his highest prior- reason, though, for the trend, it is un- left in a coma. ities, as did the Secretary of the Air acceptable for us to stand by and let In Shenandoah, the individuals who Force and other administration offi- these crimes increase. savagely beat a 25-year-old Mexican cials. What did we do? We come to the Another example: In Shenandoah, immigrant to death were all 21 or floor and withdraw the amendment, PA, this year, a 25-year-old Mexican younger. And in Oxnard, the boy who withdraw it so we can take up a major immigrant and father of two was beat- shot Larry King was 14 years old. Imag- piece of legislation. en to death by a group of high school ine being consumed by hatred at 14 I am reminded that there are amend- football players who yelled ethnic slurs years old and what that means for the ments proposed by various Members of as they punched and kicked him. They future of your life. this body who believe their amend- beat him until he was unconscious and Why would anyone oppose giving the ments need to be proposed and believe convulsing. He died 2 days later from Department of Justice more resources there is no other avenue but to put those injuries. to fight these crimes? These hate them on pending legislation. The ma- Just last week, a Latina janitor in crimes are terrifying. These are the jority leader of the Senate can bring up Ladera Ranch, CA, was doing her main- daily lives of Americans we are talking legislation wherever he wants to. That tenance round when two men hit her on about—innocent people who are walk- is the privilege of the majority. That is the head and stabbed her with a ing to work, driving home at night, the right of the majority. switchblade while yelling racial slurs working or, yes, sitting in our Nation’s Here we are trying to address an at her. Another hate crime last week. school classrooms. issue of paramount importance to the These are brutal, and the victims are This legislation is important. It will well-being of the men and women of attacked because of who they are— allow the Federal Government to pros- the United States of America. Here we their skin color, their religion, their ecute where States or localities are not are trying to address an issue of $1.75 heritage—and their attackers’ hate and willing to. It will allow the Justice De- billion, which has far more importance, vengeance. partment to assist States and localities in many respects, than the actual cost There is a second troubling trend. that want to prosecute but don’t have of the F–22s themselves, and without a The FBI reported 1,265 hate crimes the resources or expertise they need. It hearing in the Judiciary Committee, against gay men and lesbians in 2007, does not criminalize speech. It only ap- without a bill reported out by the Judi- and these are only the crimes reported. plies to violent acts, not expressive ciary Committee, which is the com- Many more crimes against this par- conduct. It is bipartisan and supported mittee of oversight, the majority lead- ticular community are believed to go by a majority of Congress. er of the Senate has one very impor- unreported to local law enforcement. Twenty-six State attorneys general tant amendment pulled and then puts The FBI has been reporting at least are advocating for it and so are more in a piece of legislation which is far-

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Madam President, I this legislation, the hate crimes bill, Ohio for the bipartisan manner that ask unanimous consent the order for deserve the amending and debate proc- both he and his staff have worked on the quorum call be rescinded. ess that legislation is supposed to go this particular issue. The PRESIDING OFFICER (Mrs. through—committees and then on the In particular, I would also like to HAGAN). Without objection, it is so or- floor of the Senate, open to amend- thank the Nevada Office of Veterans dered. ments? No, it has been inserted now on Services and the National Association Mrs. SHAHEEN. Madam President, I the Defense authorization bill, and for State Veterans Homes for bringing rise in support of strengthening our within a short time, I am sure the ma- this matter to our attention. Federal hate crimes clause to include jority leader will come to the floor and As stated, our legislation is both bi- crimes motivated by a victim’s sexual file a motion for cloture to cut off de- partisan and common sense. Currently, orientation, gender, gender identity or bate on an issue of significant impor- an individual is allowed into a State whether the victim has a disability. By tance to all Americans and railroad it veterans home if the individual is, No. passing the Matthew Shepard Hate through on a ‘‘bipartisan basis,’’ with 1, an eligible veteran as defined by the Crimes Prevention Act, we will take a possibly two Republican votes. U.S. Code; No. 2, the spouse of an eligi- long-overdue step toward ensuring that That is not the way this body should ble veteran; or, No. 3, a Gold Star par- our law enforcement officials have the work. It is an abuse of power. It does ent. resources they need to prevent and not make for comity on both sides of The problem, though, arises in the properly prosecute some of the most the aisle. In fact, those of us who are way that the Veterans Affairs Depart- toxic and destructive violent crimes we committed to seeing this authorization ment defines a Gold Star parent. Under face. I also thank my colleagues who bill done as quickly as possible because current regulations, an eligible parent have worked tirelessly to see this im- we are worried about the security of is one who has lost all of their children portant legislation enacted into law. For the better part of the last decade, this Nation take great offense when while serving their country. I know it Senator KENNEDY, along with Senators the majority leader of the Senate, doesn’t make sense, but that is the way LEAHY, COLLINS, and SNOWE, have whose job is to move legislation the definition is. As a consequence, shown leadership on this issue, even through the Senate, brings extraneous state veterans homes are forced to when the odds of success were small. and unrelated legislation to a bill as deny admissions to Gold Star parents if Their diligence is one of the reasons important as this to the men and they have any surviving children. Los- this legislation today enjoys the sup- women of this country and our Na- ing a child in war is a stunning and port of more than 300 law enforcement, tion’s security. To somehow equate life-altering event for anyone. Senator civil rights, civic, and religious organi- that with other amendments that have BROWN and I believe that for these fam- zations. As a new Member of the Sen- been proposed, from time to time, by ilies, having one child make the su- ate, I am proud to join them this year Members on both sides, I think is not preme sacrifice in service to our coun- as an original cosponsor of the Mat- an appropriate comparison. I resent it try is sacrifice enough to authorize the thew Shepard Hate Crimes Prevention a great deal. It is not good for the surviving parent’s elder care in a State Act. I truly hope my colleagues will health of this body, in my view. veterans home later in life. Our legisla- join me to pass this amendment. Perhaps there is precedent for this. tion would change that to permit entry In 1998, Matthew Shepard, a 21-year- Perhaps there is precedent when a De- into a VA nursing home to any parent old college student, was beaten and fense authorization bill, an issue prob- who lost a son or daughter in war while murdered just because he was gay. ably, as I say, of the highest criti- fighting to protect our freedoms and The brutality of this crime captured cality, with an amendment on it that our very way of life. the attention of the Nation. It was an the President of the United States has As most people are aware, State vet- attack not just on Matthew and his fully weighed in on and committed on, erans homes were founded for service- family but on an entire community. I is taken off the floor, is taken away members following the American Civil had the opportunity a couple of years from consideration in order to put in War. They have become institutions ago to meet Judy Shepard, Matthew’s an extraneous and very controversial that our veterans and their dependents mother. full package of legislation. have come to rely on for nearly 150 I applaud her willingness to try and The hate crimes bill before us is not years. Currently, there are 137 State make something positive out of such a an amendment. It is legislation. It is veterans homes in all 50 States and terrible tragedy. She has been a tire- an encompassing bill, 20-some pages Puerto Rico that, on a daily basis, pro- less advocate to try and get hate long. We are going to have about 30 vide hospital, rehabilitation, long-term crimes legislation passed and to point hours of debate, a discussion on it, the care, Alzheimer’s care, and end-of-life out the impact of these violent acts on majority leader will come and cut off care to approximately 30,000 veterans families across this country. debate and we will probably pass it, and dependents. The Matthew Shepard attack sent a thereby exacerbating a situation where I would also like to take this oppor- message of hate and intolerance to those of us who oppose this legisla- tunity to recognize the Nevada State LGBT youths and their families and in- tion—and it is important legislation— Veterans Home in Boulder City, NV, stilled in countless young Americans a will be faced with a dilemma of choos- for the great work they do. U.S. News sense of fear simply because of their ing between a bill which will harm, in and World Report recently rated this sexual orientation. my view, the United States of America veterans home as a 5-star facility and Despite this, Matthew’s murderers and its judicial system and defending the top nursing home in my home were not charged with a hate crime be- the Nation. I do not think that is fair State of Nevada. I think it is only fair cause no such law exists in Wyoming or to any Member of this body. that the parents who have lost a son or on the Federal level. It is impossible to I yield the floor. a daughter have access to first-class fa- know for certain the full effect of The PRESIDING OFFICER. The Sen- cilities such as this. crimes motivated by hate on the com- ator from Nevada is recognized. I thank, once again, the junior Sen- munities they target. What is certain AMENDMENT NO. 1521 ator from Ohio and ask my other col- is that hate crimes rob the members of Mr. ENSIGN. Mr. President, yester- leagues to support this important leg- these communities of a sense of secu- day Senator BROWN and I introduced islation. rity, and the impact is real. bipartisan and commonsense legisla- I yield the floor and suggest the ab- Among LGBT youth in this country, tion as both an amendment to the Na- sence of a quorum. the suicide rate is four times higher

VerDate Mar 15 2010 14:38 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00011 Fmt 0686 Sfmt 0634 E:\BR09\S15JY9.000 S15JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD 17768 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 13 July 15, 2009 than their straight peers, as many mittee. The chairman and the ranking There being no objection, the mate- struggle to find their place in their Republican have the same position as rial was ordered to be printed in the families and their communities. While President Obama. They want to reduce RECORD, as follows: reducing bigotry and increasing toler- or hold fast to the number of airplanes REPUBLICAN NON-RELEVANT AMENDMENTS ance will require a comprehensive ef- currently projected to be built and not 2009 fort, it is an effort that will take time. to expand it, as this bill does. So they Vitter #107 (ACORN) to H.R. 1, The Amer- But addressing our outdated hate offered an amendment to stand with ican Recovery and Reinvestment Act; Ensign crimes law is one very important com- President Obama and delete the section #575 (DC Guns) to S. 160, DC Voting Rights; ponent. of the bill which would call for more DeMint #573 (Fairness Doctrine) to S. 160, DC planes. That amendment, No. 1469, was Voting Rights; Thune #579 (Concealed Fire- As Governor, I was proud to sign leg- arms) to S. 160, DC Voting Rights; Cornyn islation that expanded New Hamp- offered on Monday to be considered by #674 (Union Dues) to H.R. 1105, Emergency shire’s hate crimes to include sexual the Senate. A number of Members have Supplemental Omnibus Appropriations; Vit- orientation. Unfortunately, many come to support the amendment, and I ter #621 (Congressional Pay) to H.R. 1105, States still lack such laws, which is am one of them. I support the Presi- Emergency Supplemental Omnibus Appro- why this bill is so critical. dent’s position and the position of Sen- priations; Thune #662 (Fairness Doctrine) to By expanding the definition of hate ators LEVIN and MCCAIN. There are oth- H.R. 1105, Emergency Supplemental Omnibus crimes and by easing access to re- ers who oppose this amendment, clear- Appropriations; Thune #716 (Charitable Do- sources for local and Federal law en- ly. nations Deduction) to H.R. 1388, National Service; Vitter #705 (ACORN) to H.R. 1388, forcement officials to prosecute these At one point, Senator LEVIN said: Let’s move this to a vote. Senator National Service; Inhofe #996 (National Lan- crimes, we can hopefully help prevent guage) to S. 386, Fraud Enforcement; Vitter these crimes and send a message that MCCAIN agreed, as we should. It had #991 (TARP) to S. 386, Fraud Enforcement hate and bigotry in any form have no been pending for 2 days. Everyone and Recovery Act; Coburn #982 (TARP) to S. place in our society. knows what is at issue. It is conten- 386, Fraud Enforcement and Recovery Act; I yield the floor, and I suggest the ab- tious and clearly controversial, but we Thune #1002 (TARP) to S. 386, Fraud Enforce- sence of a quorum. deal with those issues. That is part of ment and Recovery Act; DeMint #994 (TARP) The PRESIDING OFFICER. The our job. to S. 386, Fraud Enforcement and Recovery Act; Coburn #983 (IG–Fannie Mae/Freddie clerk will call the roll. At that point, the process broke down. The Republican side of the aisle Mac) to S. 386, Fraud Enforcement and Re- The assistant legislative clerk pro- covery Act; Vitter #1016 (TARP) to S. 896, ceeded to call the roll. objected to calling the amendment. That is when the bill came grinding to Helping Families Save Their Homes Act; Mr. DURBIN. I ask unanimous con- Thune #1030 (TARP) to S. 896, Helping Fami- sent that the order for the quorum call a halt. That is when Senator LEVIN lies Save Their Homes Act; DeMint #1026 be rescinded. said: We know that after this amend- (TARP) to S. 896, Helping Families Save The PRESIDING OFFICER. Without ment on F–22s, we will go to an amend- Their Homes Act; Coburn #1067 (Guns in Na- objection, it is so ordered. ment on hate crimes legislation on the tional Parks) to H.R. 627, Credit Cardholders; Mr. DURBIN. Madam President, same bill. So he withdrew this amend- Coburn #1068 (Guns in National Parks) to H.R. 627, Credit Cardholders; Hutchison #1189 pending before the Senate is the Na- ment. Clearly, the answer to this—one I (Auto Dealers) to H.R. 2346, Iraq/Afghanistan tional Defense Authorization Act Supplemental Appropriations; Vitter #1467 which is an annual bill considered by hope we can work out at the leadership level—is for Republicans to agree that (Rx Drug Reimportation) to H.R. 2892, Home- the Senate which basically authorizes land Security Appropriations. the spending of money and certain poli- we have a vote on the F–22 airplane. We should. Senator MCCAIN is anxious for Mr. DURBIN. They run the range of cies for the Department of Defense. that to happen so the bill can move for- things. I talked earlier about some of There is a lot of work that goes into ward. Once that vote is out of the way, these amendments: an amendment re- this bill. It is put in primarily by the we should schedule a reasonable time lating to the regulation of guns in the chairman of the committee, CARL for debate and a vote on the hate District of Columbia put on the voting LEVIN of Michigan, and by JOHN crimes legislation, which is not new. rights bill; an amendment relating to MCCAIN of Arizona. This bill looks to We have considered this before. But we the fairness doctrine and telecommuni- be over 1,000 pages long. They have put are bogged down. cations on the same DC voting rights a lot of effort into this bill and are anx- At this point, tempers are flaring a bill; an amendment related to congres- ious to pass it. little bit because this important bill is sional pay on the Omnibus appropria- An issue came up, an important issue being held up over those two issues: tions bill. The list goes on and on. I about the F–22 airplane. This is a fight- whether the F–22 amendment by Sen- won’t go beyond including it in the er plane that the current administra- ators LEVIN and MCCAIN will come to a RECORD. tion and others have said should be dis- vote and whether the hate crimes legis- What the majority leader did today continued. Whenever a fighter plane is lation offered by Senator REID will also with the hate crimes legislation is not being built and is being discontinued, then be considered and voted on. I hope unlike what has been done repeatedly there are people who resist because both those occur. There is no reason by the Republican side of the aisle over each one of these Defense projects in- why they should not. Those who think the last several months. Ultimately, volves a lot of people, a lot of jobs, a they might lose the F–22 amendment these came to a vote. They were con- lot of contracts that are important to are resistant to calling it for a vote. sidered and voted on. That is all the businesses and families and commu- But there will come a day when we majority leader is asking for, to bring nities. So there is resistance. But on have to face this issue with a vote. the hate crimes legislation to a vote on the F–22 fighter plane, President That is ultimately what the Senate is this legislation. Obama has gone so far as to say in here for. There is clearly a way out of this. It writing: If you include more planes be- I might say about nonrelevant is for the Senate to do its job, to vote yond the 187 allocated in previous leg- amendments, a position made on the on the Levin-McCain amendment on islation, I will veto the bill. That, of floor by my friend from Arizona and the F–22 fighters up or down. Let’s see course, would call for a supermajority others, it is a hard argument to under- who prevails, understanding that if to override the veto, which is not like- stand in light of what we have been this provision stays in the bill and ly to occur. So it is a promise or a through. Levin-McCain fails, the President will threat from a President we have to I ask unanimous consent to have veto the bill. That is a pretty ominous take seriously. printed in the RECORD a long list of prospect. The bill currently contains an nonrelevant amendments offered this Also keep mind that the hate crimes amendment which expands the number year by the Republican side of the aisle legislation is timely. It has passed the of F–22 fighter planes that was adopted to a series of bills considered on the House of Representatives and should be narrowly in the Armed Services Com- floor. considered by us.

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It is my prayer that we continue to find things out, perhaps bring to a vote the consists of statements of support from ways forward that honors both freedom of F–22 amendment, which I do support, religious leaders for the Senate hate speech and protection for all our citizens. the Levin-McCain amendment, to re- crimes bill. Mr. DURBIN. Madam President, move language in the bill on the expan- There being no objection, the mate- those who spoke in favor of the bill sion of the F–22 program. The sooner rial was ordered to be printed in the should be noted, their identities should we can get approval from the leader- RECORD, as follows: be noted, because there is some argu- ship on the other side of the aisle, the STATEMENTS OF SUPPORT FROM RELIGIOUS ment, at least in the mail I have re- sooner we can dispense with it one way LEADERS FOR THE SENATE HATE CRIMES BILL ceived from some religious leaders or the other, up or down. Secondly, I Dr. David P. Gushee, Distinguished Univer- against the bill. Dr. David Gushee, dis- hope we can then move to the hate sity, Professor of Christian Ethics, Mercer crimes legislation which has been de- University: As a Christian, I believe in the tinguished university professor of immeasurable and sacred worth of every Christian ethics at Mercer University, bated at length and is not unlike many human being as made in the image of God has a well-thought-out statement in of the other amendments which have and as the object of God’s redeeming love in support of the bill; Rev. Derrick Har- been offered on the Republican side of Jesus Christ. In our sinful and violent world, kins, senior pastor of the Nineteenth the aisle on a variety of different bills there are tragically very many ways in Street Baptist Church in Washington, during the course of the last few which this sacredness is violated. This bill DC, the same; Dr. Joel Hunter, senior months. Bringing these two matters to deserves Christian support because its aim is pastor at Northland, has also come out a vote, perhaps we can then take up to protect the dignity and basic human other pending matters on the Defense rights of all Americans, and especially those in support; and Rev. Gabriel Salguero, Americans whose perceived ‘‘differentness’’ executive and policy adviser of the authorization bill on which I know the makes them vulnerable to physical attacks Latino Leadership Circle. Senators from Arizona and Michigan motivated by bias, hatred and fear. The bill The point I tried to make earlier and have worked so hard. simply strengthens the capacity of our na- the one their support makes is that Mrs. BOXER. Will the Senator yield tion’s governments to prosecute violent, there are religious leaders who believe for a question? bias-related crimes. I am persuaded that the this bill is necessary to protect those Mr. DURBIN. I am happy to yield. bill poses no threat whatsoever to any free who may be subjected to physical vio- Mrs. BOXER. I just have a question, speech right for religious communities or lence because of religious belief—we while my friend has the floor. I have their leaders. Its passage will make for a don’t want that to occur—that intoler- been waiting to speak on the hate safer and more secure environment in which ance is not consistent with American crimes bill. I am wondering if it would we and all of our fellow Americans can live be possible, because I am not sure if our lives. For me, the case for this bill is set- values. tled with these words from Jesus: ‘‘As you Secondly, to those who argue that if Senator MCCAIN has a lengthy state- did it to one of the least of these, you did it we include sexual orientation in this ment, for him to work with us so we to me’’ (Mt. 25:40). bill, a pastor who sermonizes against could get a time certain when I may Rev. Dr. Derrick Harkins, Senior Pastor, homosexuality based on his interpreta- make that statement. Nineteenth Street Baptist Church, Wash- tion of the Bible could be arrested for Mr. DURBIN. I am going to yield the ington, DC: A strong Biblical imperative it, that is not true. As I quoted earlier, floor. Is the Senator seeking recogni- that I believe stands at the heart of my tion? Christian faith is the preservation and pro- the Attorney General said, clearly, Mr. MCCAIN. I will just take a few tection of the inherent dignity of all persons. hate crimes legislation is focused on The Scriptures are replete with examples of physical violence—not words, not har- minutes. God’s concern and compassion for those seen assment, but physical violence. If the Mr. DURBIN. Could I yield to the as ‘‘other’’ by many. As an American, I know religious leader is not engaged in phys- Senator from Arizona with the under- the protection of personal dignity and ical violence against someone of a dif- standing that after he has spoken, the human rights is a principle that makes us ferent sexual orientation, they will not Senator from California would be rec- that much stronger as a nation, and cer- be subject to prosecution under this ognized? tainly does not stand at odds with freedom of Mr. MCCAIN. That would be fine with bill. That has been made clear by the expression. Passage of the Hate Crimes Bill me. Attorney General, and the support of will help to ensure the safeguards of the law Mr. DURBIN. Could the Senator give religious leaders indicates they under- for those who are victimized by acts of bias an indication of how much time he and hate. I welcome the opportunity to sup- stand that as well. We need to protect may require? port this bill as an expression of my Chris- the people of our country against hate Mr. MCCAIN. I am not sure what the tian witness, and my belief in our nation’s crimes and intolerance, but we also Senator’s reaction will be to what I highest aims for all its citizens. need to honor our constitutional guar- Dr. Joel C. Hunter, Senior Pastor, North- have to say. I can’t give him a specific land—A Church Distributed: I would think antees when it comes to speech and re- time agreement. I am sorry. This is a that the followers of Jesus would be first in ligious belief. Those are consistent. vital issue we are addressing. line to protect any group from hate crimes. I look forward to the Senate coming Mr. DURBIN. I understand it is. He was the one who intervened against reli- to a conclusion, but I think those who Mr. MCCAIN. I will make my re- gious violence aimed at the woman caught in have come to the floor and criticized marks as short as possible. I believe the act of adultery. He protected her while the majority leader for this situation the Senator from Illinois has the floor; not condoning her behavior. This bill pro- have not told the whole story. The is that correct? tects both the rights of conservative reli- whole story is the F–22 amendment by gious people to voice passionately their in- The PRESIDING OFFICER. The Sen- Senators LEVIN and MCCAIN was ready terpretations of their scriptures and protects ator from Illinois has the floor. their fellow citizens from physical attack. I to be called, should have been called Mrs. BOXER. Will the Senator yield strongly endorse this bill. for a vote, and if it is scheduled for a for another question? Rev. Gabriel A. Salguero, Executive and vote, it can be dispensed with. I will Mr. DURBIN. I will. Policy Advisor, The Latino Leadership Cir- support it. I have made that clear to Mrs. BOXER. I am trying to get a cle: At the heart of the Christian gospel is the sponsors. Then we can move to the sense for timing’s sake. We all have ob- the belief in the intrinsic dignity of all hu- hate crimes legislation which the ma- ligations in our various committees manity. When people are targeted for acts of jority leader has brought before us, not and with constituents. I am wondering violence the Church must speak out. I sup- if I should speak first. My statement is port the Hate Crimes bill because it provides unlike the many different instances room for free speech and religious conviction this year when Republicans did exactly only about 6 minutes. Then I could while protecting groups of people from acts the same thing on the floor. yield to Senator MCCAIN. I think this of violence. As a Christian who values both I urge those who might be off to hate crimes legislation is landmark love and truth I support a bill that protects lunch in a few minutes to use this op- legislation.

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Mr. DURBIN. I think Senator MCCAIN that progress through the Senate—by First, Senator REID offered this has asked to be recognized first. If I proposing an unneeded, irrelevant amendment on behalf of Senator have any response to him, I will try to amendment, which is a large piece of LEAHY, chairman of the Judiciary Com- make it very brief. I ask unanimous highly controversial legislation. mittee, who is now presiding over the consent that after the Senator from The Senate majority leader will Sotomayor hearings. I know he sup- Arizona has spoken, the Senator from come to the floor and he will file clo- ports it, and I support it as well, the California be immediately recognized. ture. Then, after some hours—with no hate crimes legislation, but I want to The PRESIDING OFFICER. Without amendments because he will probably make that a matter of record. objection, it is so ordered. fill up the tree—the Senate will pass a Mr. MCCAIN. Could I respond to Mr. DURBIN. I yield the floor. highly controversial, highly explosive that? The PRESIDING OFFICER. The Sen- piece of legislation to be attached to Mr. DURBIN. Yes. ator from Arizona. the authorization for the defense and Mr. MCCAIN. It is one thing to have Mr. MCCAIN. Madam President, I the security of this Nation. That is the chairman of the committee support want to point out again, the legislation wrong. And why—I want to put it this it; it is another thing to have the legis- which is now pending has replaced the way: It is unanswerable that we do not lation go through the committee with F–22, the Levin-McCain amendment. just take up the hate crimes bill in the the proper debate and discussion and My argument is that the majority lead- regular order and allow Senate debate amendment. But go ahead. er has put in legislation which is not and discussion. That is how the Senate Mr. DURBIN. The second point I relevant to the pending legislation, is supposed to work—not put it on a would like to make to the Senator which is the Department of Defense au- major piece of legislation. from Arizona is, when we asked for thorization bill. I am perfectly willing I will also point out to my friend unanimous consent from the Repub- for the hate crimes bill to come up from Illinois something he knows. It is lican side to move to the hate crimes under the regular order. Why it should one thing for someone who sits back legislation, there was objection. So it be put on the Defense authorization there to propose an amendment to is not as if we have not tried to go bill, which will then not allow ade- pending legislation because they feel through regular order. This seems to be quate debate and discussion of amend- that is the only way they can get their the only path we can use to bring this ments, not to mention the fact that it argument heard. The majority leader matter to a conclusion. And I think it hasn’t gone through the committee of of the Senate has the authority to can be done in a responsible way quick- jurisdiction—frankly, I do not think it move whatever legislation he wants. ly. It does not have to drag out over a is the appropriate way of using the De- And the majority leader of the Senate matter of days. The Senator knows fense authorization bill. In fact, I think should move the hate crimes bill if he that. If we can get agreement on both it is highly inappropriate. Therefore, wants it considered rather than give it sides to have a reasonable time for de- why don’t we do this, I ask the Senator priority over the legislation that ac- bate and a vote on the bill, I think that from Illinois: agree that as soon as the counts for the national security of this would meet the needs the Senator has Defense authorization bill is complete, country and the men and women who suggested to get back on the substance we take up the Matthew Shepard Hate serve it. of the Defense authorization bill. Crimes Prevention Act under the reg- So I am sure there will be all kinds of Mr. MCCAIN. In deference to the Sen- ular order and do business the way the comments about the Republicans ator from California, I will make my Senate should do business? blocking a vote, blocking this, block- answer brief, just to say I do not UNANIMOUS CONSENT REQUEST—S. 909 ing that. Why don’t we take up legisla- think—as I have said in my previous So therefore, Mr. President, I now tion in the regular order? Hate crimes argument, it does not belong on a de- ask unanimous consent that the pend- has been opposed by the U.S. Commis- fense authorization bill, particularly so ing amendment be immediately with- sion on Civil Rights. This is a very con- moved by the majority leader of the drawn; that no amendments on the troversial issue. By putting it on the Senate. But, Mr. President, the Sen- topic of hate crimes be in order to the DOD bill, we are not going to have the ator from California is waiting, and I pending legislation; further, I ask that adequate debate, discussion, and yield the floor. when the Senate completes action on amendment an issue such as this de- Mr. DURBIN. Mr. President, if the the Department of Defense authoriza- serves. There is passion on both sides Senator from California will allow me tion bill, it be in order for the Senate of the aisle. to make a unanimous consent request to proceed to S. 909, the Matthew So it is obvious, whether it is the in- before she speaks. Shepard Hate Crimes Prevention Act, tention or not, what is happening here UNANIMOUS-CONSENT REQUEST under the regular order. is the whole process of debate and Mr. President, I ask unanimous con- The PRESIDING OFFICER (Mr. amendment will be short-circuited, be- sent that at 12 noon, on Thursday, July MERKLEY). Is there objection? cause we on this side of the aisle are 16, the Senate proceed to vote on the Mr. DURBIN. Reserving the right to more than willing to take up the legis- motion to invoke cloture on the Leahy object, Mr. President, I would say that lation as a separate piece of legisla- amendment No. 1511, with the time the Senator from Arizona knows that tion, debate, amend, and discuss it, and until then equally divided and con- on 16 different occasions this year Re- let the American people decide. In- trolled between the leaders or their publican Senators have offered nonrel- stead, the men and women in the mili- designees; that if cloture is invoked on evant amendments to pending legisla- tary right now today are being short- amendment No. 1511, then all tion. The Senator has done that him- changed by putting irrelevant legisla- postcloture time be yielded back and self. I have done it myself. It is not un- tion that is highly controversial and amendment No. 1539 be agreed to; that usual or beyond the custom and rules highly complex on a bill designed for amendment No. 1511, as amended, be of the Senate. And I believe Senator defense of this country and for the men agreed to and the motion to reconsider REID has the right to do it on this criti- and women who serve it. be laid upon the table; that upon dis- cally important legislation which we Mr. DURBIN. Mr. President, will the position of the hate crimes amend- can move to with dispatch. Based on Senator yield for a question? ment, Senator LEVIN be recognized to that, I do object. Mr. MCCAIN. Actually, I will be glad offer the Levin-McCain amendment, The PRESIDING OFFICER. Objec- to yield. But if the Senator wants to and that the time until 5 p.m., Thurs- tion is heard. have a colloquy, go ahead. day, July 16, be for debate with respect Mr. MCCAIN. So, Mr. President, here Mr. DURBIN. I want to make sure to the amendment, with all time equal- are the facts. The fact is, the majority Senator BOXER has her chance. ly divided and controlled between Sen- leader, whose job it is to move legisla- If I could make two points in the na- ators LEVIN and CHAMBLISS or their tion through the Senate, is now block- ture of a question to the Senator from designees; that at 5 p.m., Thursday, ing progress of Defense authorization— Arizona. July 16, the Senate proceed to vote in

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But if it is something they There being no objection, the mate- sent request is to achieve just what the do not like, suddenly they make this rial was ordered to be printed in the Senator from Arizona asked for: a process argument. Rather than debate RECORD, as follows: timely consideration of both amend- process, why don’t we just get on with COUNTY OF LOS ANGELES, ments. We will be back on the bill on it? We can do a couple of important SHERIFF’S DEPARTMENT HEADQUARTERS, his amendment. I ask unanimous con- things this week—one of them, the De- Monterey Park, CA, June 25, 2009. sent that we accept this schedule and fense bill, and the other, protecting our Hon. EDWARD M. KENNEDY, move forward. citizens from hate crimes. U.S. Senate, The PRESIDING OFFICER. Is there The importance of the amendment Washington, DC. DEAR SENATOR KENNEDY: The Los Angeles that was offered by Senator LEAHY objection? County Sheriff’s Department is proud to sup- Mr. MCCAIN. Mr. President, reserv- through our leader is that it would port S–909. This bill would provide federal as- ing the right to object, and I will ob- strengthen the ability of Federal, sistance to state and local jurisdictions for ject, I am not asking that there be a State, and local authorities to inves- the prosecution of hate crimes. time agreement on hate crimes, I am tigate and prosecute hate crimes. This bill will adopt the definition of ‘‘hate asking that the hate crimes bill be It has been more than 10 long years crime’’ from the Violent Crime Control and brought up as a standing bill. The Sen- since the senseless death of Matthew Law Enforcement Act of 1994 which is a Shepard—a tragedy that showed us we crime where the defendant intentionally se- ator has 60 votes. The Senator could lects a victim, or in the case of a property bring it up whether this side of the have a long way—a long way—to go be- fore we can truly say in this country crime, the property that is the object of the aisle objects or not as a freestanding crime, because of the actual or perceived piece of legislation. I object to it being there is equal justice for all. race, color, religion, national origin, eth- considered on the Department of De- Let’s look back at what happened to nicity, gender, disability, or sexual orienta- fense authorization bill. It has no place Matthew Shepard 10 long years ago. tion of any person and additionally include for it. It should not be there. The Two men offered Matthew Shepard, a gender identity. gay man, a ride in their car. Subse- This bill will also authorize the Attorney longer we wait, the longer the delay is quently, Shepard was robbed. He was General, at the request of the state or local in providing the men and women of the pistol whipped. He was tortured. He law enforcement agency, to provide tech- military the tools they need. So I do was tied to a fence in a remote rural nical, forensic, prosecutorial, or other assist- object. And we should take this up. I area. And he was left to die. Mr. Presi- ance in criminal investigations or prosecu- am sorry my unanimous consent re- tions. The Attorney General is additionally dent, this was not a robbery. This was quest was not agreed to—that we would authorized to award grants to law enforce- not a spur of the moment situation. We take it up as a freestanding bill after ment agencies for extraordinary expenses as- know from the pair’s then-girlfriends, the consideration of the Department of sociated with the investigation and prosecu- who testified under oath, that the two Defense bill. tion of hate crimes. men plotted beforehand to rob a gay In 2007, the Federal Bureau of Investiga- Mr. President, I yield the floor. I man in particular. That crime occurred tion (FBI) statistics indicate that 2,025 law thank the Senator from California for because Matthew Shepard was a gay enforcement agencies across the country re- her courtesy. man. Well, they robbed him. They tor- ported 7,624 hate crimes involving 9,006 of- The PRESIDING OFFICER. Objec- fenses. Of those, 7,621 were single bias inci- tured him. And they killed him. tion is heard. dents involving 9,527 victims and 6,962 offend- This crime should be a Federal ers. Of the single bias incidents, 50.8 percent The Senator from California. crime. And yes, we have tried to pass Mrs. BOXER. Mr. President, I thank were racially motivated, 18.4 percent moti- that hate crimes legislation for years vated by religion, 16.6 percent motivated by Senator MCCAIN and Senator DURBIN and years. There is always an excuse: sexual orientation, 13.2 percent motivated by for moving through their debate swift- We do not have the time. It is not rel- ethnicity or national origin, and 1 percent ly so I would have this opportunity to evant to the bill. Well, Matthew motivated by disability. speak in support of a landmark piece of Shepard’s family—what happened to This bill is, indeed, a civil rights issue, as legislation that has been offered as an them will never go away. The loss they President Obama said, ‘‘. . . to protect all of our citizens from violent acts of intoler- amendment, the hate crimes preven- carry in their hearts will never dis- tion amendment named after Matthew ance.’’ Hate crimes are a scourge in our soci- appear. But the one thing we can do to ety and have no place in humanity. Shepard. ease their burden is to pass this legisla- This bill is a long time coming. I Thank you for sponsoring this important tion. legislation. It is the duty of government to know we could make a process argu- Look, we have offered this on Defense protect all, equally and unequivocally. ment. We do it well around here. But it bills before. This is not the first time. Should you have any questions, do not hesi- seems to me, we can move this Defense We dealt with it and we voted and we tate to contact me directly. bill through quickly. We are doing moved on. So the only thing you can Sincerely, that. We will do that. It has strong sup- say as to why there is all this objection LEE BACA, Sheriff. port. But we can also take care of this is because people do not want to vote long-neglected, important piece of leg- on this bill, and they are making it Mrs. BOXER. I want to note that Lee islation whose passage will protect and more and more difficult for us to be Baca happens to be a Republican. I defend our citizens from hate crimes. able to get to it. I hope we will, in fact, want to note that this law enforcement So it is funny, because technically stick to it and get this done. Again, it individual is very strong on this. He speaking, of course, the Defense bill is is not going to weigh down the Defense says this hate crimes bill deals with a about our military, and we all support authorization. In my mind, again, it is civil rights issue, and he quotes Presi- doing what we have to do to keep it something we need to do and we can do dent Obama, ‘‘to protect all of our citi- strong and to be prepared. That is why with no harm to the underlying bill. zens from violent acts of intolerance.’’ I will support that. But there is no rea- We should be proud to support this Lee Baca adds in his own words: son why we cannot take a little time to legislation, not afraid to vote on it, not Hate crimes are a scourge on our society look at the fact that it is time for the trying to postpone a vote on it. Hate and they have no place in humanity. Matthew Shepard Hate Crimes Preven- crimes are particularly offensive be- What we are dealing with is not a Re- tion Act to really be passed. It will not cause they are propelled by bias and publican issue or a Democratic issue. slow us up really. We have just seen bigotry. They not only inflict harm on There are gay people who are Repub- that Senator DURBIN has asked for a the victims, but they instill fear in en- licans. There are gay people who are unanimous consent agreement to do tire communities. Democrats. There are gay people in the

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If all that the world, and we can fix it. the attack. Matthew Shepard had to deal with I also wish to point out this bill also After that heinous incident, a young were taunts about his sexuality, his protects women who are attacked sim- Black man in Richmond was attacked. sexual orientation, that would be one ply because of their gender. So this bill According to the young man’s police thing. He had to deal with murderers is about making sure women are pro- report, his attackers yelled racial epi- who tortured him. That is different. If tected and gays are protected. thets and slurs as they broke six of his they had said something to him and I wish there was no need for this law. bones. walked out, that would be one thing. I wish we lived in a world where such a Finally, another example: In 2006, a They acted on their hatred, and that is law would be unnecessary. We all do. man walked into an Amish school in un-American. It is un-American. One of our Founders said, if people Pennsylvania. Taking several female This amendment doesn’t attempt to were perfect, we wouldn’t need a gov- students hostage and releasing all the federalize all crimes, or even hate ernment. People are not perfect. There male students, he shot 10 of the girls, crimes. The certification provision pre- has to be right and wrong and it has to killing 5—killing 5—before shooting vents the Federal Government from be spelled out. People who are innocent himself. The age of these girls was stepping into a case unless it can cer- need to be protected. from 6 to 13 years old. These girls lost tify that doing so is necessary to se- A man gets in a car with two people their lives because of a despicable act cure justice and is in the public inter- who claim to be his friends, and he of hate based on their gender. est. Thus, prosecutions that normally There is no reason to come to the winds up robbed, tortured, and killed, take place at the State and local level floor and say we can’t do this bill be- and put on a fence, I might add. will continue to be handled there. The So, Attorney General Holder, when cause we have other very important difference is we will then give them as business on our plate. Of course we do. he testified before the Senate Judici- a Federal Government all the tools Of course we need to do the Defense ary Committee, reported that the FBI they need from us. bill. Of course we will do the Defense said there were 7,624 hate crime inci- This amendment is an important step bill. The last I checked, the Defense au- dents in 2007. That is the most recent as we continue to form a more perfect thorization usually passes practically data: 7,624 hate crime incidents. union, and we can’t rest until we do unanimously. This isn’t a problem. So If we pass this bill, we send a signal this—and more. We can’t rest until we we can deal with this. We have done it that the Federal Government will not pass laws to create a fair workplace for before. stand by and watch this sort of thing all. We can’t rest until we pass a law These stories demonstrate if America that repeals ‘‘don’t ask, don’t tell’’ and happen. We send a message that we will is to serve as a model for tolerance and be a backup, that we will supply the allows our capable Americans and our justice, we must do everything in our patriotic Americans to serve our coun- law enforcement personnel, the foren- power to fight hate-motivated vio- sic assistance, anything the local pros- try. We are losing some of the best and lence, and this amendment is an impor- brightest from our military because ecutor needs and the local police need tant step in that fight. to help them. they don’t want to live a lie. We can’t So to summarize what this amend- rest until we pass laws to end racial Eric Holder also testified that be- ment does, it would add gender, sexual tween 1998 and 2007, more than 77,000 profiling in our society. We can’t rest orientation, gender identity, or dis- until we pass comprehensive laws to hate crime incidents were reported by ability as protected categories under the FBI. That is one hate crime for protect our children from violent our hate crimes laws. Second, the crimes. every hour of every day for a decade, amendment removes the requirement Years ago I wrote the Violence one hate crime every hour of every day that a victim be engaged in a federally Against Children Act. I am still wait- for a decade. protected activity such as serving on a ing to get it passed. When someone Senator MCCAIN—and I have full re- jury or attending a public school before takes up a hand against a child and in- spect for him—said: Let’s just do this the government can act. Third, and jures that child and hurts that child, another day. very important, the amendment pro- that is un-American too. If there is a We shouldn’t wait another day. This vides additional Federal assistance to violent crime against a child, I believe should receive unanimous support from State and local authorities to inves- the Federal Government ought to care everyone across party aisles, and I be- tigate and prosecute hate crimes. I and ought to help the local govern- lieve it will receive tremendous sup- talked about the letter from my sheriff ments who are trying to solve that port across party aisles. I do. So let’s in Los Angeles County. Our law en- crime and punish that crime if they get to vote on it. forcement people need all the help they need help. Statistics are one thing; the indi- can get when they are trying to solve a So we have a lot of work to do to vidual stories are horrifying. I will give hate crime and then trying to pros- form that more perfect union. Instead my colleagues another example, the ecute a hate crime. This bill will give of arguing process today, why don’t we case of Lawrence ‘‘Larry’’ King, a 15- them the assistance they deserve to have our friends come to the floor and year-old boy from Oxnard, CA. Larry, have if they ask for such assistance. If say: This is a wonderful opportunity an eighth-grader, was shot and killed they don’t act, this is a backup law. now to take a step forward and pass by a fellow student in the middle of a This says it is a Federal crime. There this Hate Crimes Prevention amend- classroom in February of 2008. Accord- is a nexus with interstate commerce, ment, which we have been trying to do ing to news reports, the shooting oc- but as we know, that is not too hard to for so long, and, of course, not slow curred the day after the students had a make. down the Defense bill. There is no need verbal altercation about Larry’s sexual So this basically says we are going to to slow down the Defense bill. We can orientation. The police and the district protect these individuals in our society do both. attorney classified the murder as a who may be disabled and if they are I urge my colleagues to vote for this hate crime. The district attorney said discriminated against because they are amendment and any kind of procedural there had never been a violent shooting a woman or a man—gender bias—or be- vote it takes to make it available to us like this before in Ventura County in cause of their sexual orientation. on the floor of the Senate. my State. A young life ended too soon Opponents of this amendment will I thank you very much, and I yield by a violent act of hate. say it punishes free speech and thought the floor.

VerDate Mar 15 2010 14:38 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00016 Fmt 0686 Sfmt 0634 E:\BR09\S15JY9.000 S15JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD July 15, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 13 17773 The PRESIDING OFFICER. The Sen- would have thought America would trials, in the state courts, and the defend- ator from Pennsylvania. have passed long ago. ants, if convicted, would have been eligible Mr. SPECTER. Mr. President, I have But it is as current as 2 weeks ago in for parole in 20 years. They faced a manda- sought recognition to speak briefly on the suburbs of my hometown of Phila- tory life sentence in federal court. Federal and local prosecutors, working to- the hate crimes legislation. The details delphia, PA. The matter has moved for- gether, decided to deal with these crimes of the bill have been explained. The ward. It has resulted in lawsuits being under federal laws. The defendants were statistics have been enumerated by a filed. It would be my hope that a way tried together in federal court, convicted and number of my colleagues. Perhaps the could be found to handle the matter to are serving mandatory life sentences. The most impressive statistic is the one the satisfaction of all parties. But I can victims and their families were not forced to from the Attorney General on 77,000 understand if the parents of the chil- relive their nightmare in multiple trials. hate crimes. dren involved want to pursue remedies. Federal involvement in the prosecutions of I do believe it is time we act. This This is a matter that could be handled hate crimes dates back to the Reconstruc- issue first came before the Senate back tion Era following the Civil War. These laws by the civil rights division, which has were updated a generation ago in 1968, but in 1997, some 12 years ago. Senator prosecutorial authority and also has they are no longer adequate to meet the cur- KENNEDY was the originator. At that authority for mediation and reconcili- rent challenge. As a result, the federal gov- time, he searched for cosponsors among ation. ernment is waging the battle against hate Republicans, and I believe it is accu- I cite that as an illustration of a crimes with one hand tied behind its back. rate to say that I was the only one who matter that is as current as today’s Current federal law covers crimes moti- would support cosponsorship, and we news on animus based on race, whether vated by racial, religious or ethnic prejudice. moved the legislation forward by pub- it be African Americans or Hispanics. Our proposal adds violence motivated by lishing an op-ed piece in the Wash- prejudice against the sexual orientation, It is my hope that this matter will re- gender or disability of the victim. Our pro- ington Post. ceive prompt attention in the Senate posal also makes it easier for federal au- I ask unanimous consent that op-ed and will be part of the pending legisla- thorities to prosecute racial violence, in the piece be printed in the RECORD at the tion and it will go to conference and same way that the Church Arson Prevention conclusion of my remarks. become the law of the land. Act of 1996 helped federal prosecutors deal The PRESIDING OFFICER. Without EXHIBIT 1 with the rash of racially motivated church arsons. objection, it is so ordered. [From the Washington Post, Dec. 1, 1997] (See exhibit 1.) The suggestion in the editorial that our WHEN COMBATING HATE SHOULD BEA bill tramples First Amendment rights is lu- Mr. SPECTER. Mr. President, I am FEDERAL FIGHT glad to say that since the time this dicrous. Our proposal applies only to violent (By Edward M. Kennedy and Arlen Specter) acts, not hostile words or threats. Nobody issue has come before the Senate, there The Post’s Nov. 17 editorial criticizing the can seriously suggest that the neo-Nazis who are now 18 Republican cosponsors. My measure we have introduced on hate crimes murdered Fred Mangione in a Houston night- sense is that there will be widespread, reflects a misunderstanding of our proposal club last year because they ‘‘wanted to get a if not unanimous, support among the to close the gaps in federal law and a failure fag’’ were engaged in a constitutionally pro- Democrats so that there is a very solid to recognize the profound impact of hate tected freedom of speech. statement respectively in the Senate. crimes. In addition, hate-crimes prosecution under Ordinarily, matters of criminal pros- Hate crimes are uniquely destructive and our bill must be approved by the attorney ecution are left to the States. The of- divisive because they injure not only the im- general or another high-ranking Justice De- fense is prosecuted in the jurisdiction mediate victim, but the community and partment official, not just by local federal prosecutors. This ensures federal restraint where it occurred. I have a strong bias sometimes the nation. The Post’s conntention that a ‘‘victim of a bias-moti- and that states will continue to take the for local prosecutions as a generaliza- vated stabbing is no more dead than someone lead in prosecuting hate crimes. tion and developed that concern from stabbed during a mugging’’ suggests a dis- From 1990 through 1996, there were 37 fed- my own experience as a district attor- tressing misunderstanding of hate crimes. eral hate crimes prosecutions nationwide ney for the city and county of Philadel- Random street crimes don’t provoke riots; under the law we are amending—fewer than phia. Law enforcement ought to be hate crimes can and sometimes do. six a year out of more than 10,000 hate local. But the brutal fact of life is that The federal government has a role in deal- crimes nationwide. Our bill should result in when you deal with hate crimes—and ing with these offenses. Although states and a modest increase in the number of federal local governments have the principal respon- prosecutions of hate crimes. there are many examples. In 1997 when sibility for prosecuting hate crimes, there When Congress passed the Hate Crimes Senator KENNEDY and I first introduced are exceptional circumstances in which it is Statistics Act in 1990, we recognized the need the bill, there was the case of racial appropriate for the federal government to to document the scope of hate crimes. We matters—dragging an African-Amer- prosecute such cases. now know enough about the problem, and it ican through the streets of a Texas Hate crimes often are committed by indi- is time to take the next step. town. There has since been many other viduals with ties to groups that operate As the Lubbock prosecution shows, com- brutal cases, one highly publicized of a across state lines. The Confederate bating hate crimes is not exclusively a state gay young man, a victim of a hate Hammerskins are a skinhead group that or local challenge or a federal challenge. It is began terrorizing minorities and Jews in a challenge best addressed by federal, state crime in Wyoming. Tennessee, Texas and Oklahoma a decade and local authorities working together. Our Regrettably, discrimination for race ago. proposal gives all prosecutors another tool in or national origin continues until this Federal law enforcement authorities are their anti-crime arsenal. The issue is toler- day. There has recently been a pub- well situated to investigate and prosecute ance, and the only losers under our proposal licized matter that occurred in Hun- criminal activities by such groups, and the will be the bigots who seek to divide the tingdon Valley, a suburb of the city of federal government has taken the lead in country through violence. Philadelphia, at a swim club where the successfully prosecuting these skinheads. The PRESIDING OFFICER (Mrs. Hate crimes disproportionately involve swim club operators negotiated with a HAGAN). The Senator from New York is multiple offenders and multiple incidents group representing Hispanic and Afri- and in such cases, overriding procedural con- recognized. can-American children, ages 5 to 11, to siderations—including gaps in state laws— Mr. SCHUMER. Madam President, I occupy a swimming pool, with the may justify federal prosecution. rise in support of the vital legislation swimming pool’s permission. When the In Lubbock, Tex., three white supremacists that is long overdue. More than a dec- youngsters, Hispanics and African attempted to start a local race war in 1994 by ade has passed since Matthew Shepard Americans, went to swim, there was, shooting three African American victims, was brutally murdered. Yet the bill according to the media reports—and I one fatally, in three separate incidents in 20 that bears his name is still not law. have spoken to people on both sides minutes. Under Texas law, each defendant The Matthew Shepard Hate Crimes would have been entitled to a separate trial personally to find out what went on— in a state court, and each defendant also Prevention Act has broad bipartisan there was animus hostility, racial com- might have been entitled to a separate trial support here in the Senate, passed ments directed at African Americans for each shooting. The result could have been handily in the House, and has the un- and the Hispanics, conduct which one at least three, and perhaps as many as nine equivocal support of the President and

VerDate Mar 15 2010 14:38 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00017 Fmt 0686 Sfmt 0634 E:\BR09\S15JY9.000 S15JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD 17774 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 13 July 15, 2009 the Attorney General. Indeed, Attor- Mr. CARDIN. Madam President, I ask The bill contains a requirement that ney General Holder recently told the unanimous consent that the order for the Department of Justice certify that Senate Judiciary Committee that pas- the quorum call be rescinded. Federal prosecution is necessary be- sage of this legislation is one of ‘‘his The PRESIDING OFFICER. Without cause the States cannot or will not ef- highest personal priorities.’’ objection, it is so ordered. fectively prosecute the crime. This is It is essential that we act now to pass Mr. CARDIN. Madam President, I to supplement the actions of the State, this amendment and make the Mat- take this time to speak in favor of the to work with our States, to respect thew Shepard Act the law of the land. pending amendment, the Matthew what federalism should be about. Most According to FBI statistics, more Shepard Hate Crimes Prevention Act. of these matters will be handled by the than 9,000 violent hate crimes were per- This is similar to an amendment we State, but the Federal Government petrated in 2007. However, experts tell considered last year to try to advance may be able to help the State, and this us that since hate crimes often go un- the modifications of the Federal hate bill will allow us to do exactly that. reported, the actual number is an order crimes statute. The bill also contains provisions of magnitude higher. Some have questioned whether we broadening the categories of hate Whatever the number—all hate need this act. They claim that the in- crimes tracked by the FBI. So these crimes are unacceptable. They are stances of hate crimes in America have are improvements in the law that will crimes inflicted not merely on individ- diminished. I wish that were the case. maintain our ability to deal with this uals, but on entire communities. As I wish we did not need to have a sepa- type of outrageous activity. Mr. Holder put it, ‘‘perpetrators of hate rate law to deal with hate-motivated Some have questioned: Well, isn’t crimes seek to deny the humanity that violent acts in America. every violent crime a hate crime? The we all share, regardless of the color of All we need to look at is what hap- answer is no. A hate crime occurs be- our skin, the God to whom we pray, or pened at the Holocaust Museum on cause the perpetrator intentionally se- June 15 of this year, when Stephen whom we choose to love.’’ lects the victim because of who the vic- Johns, a security guard, was murdered. Let me be clear: this legislation does tim is. Similar to actions of terrorism, He was murdered by someone who had not criminalize speech or hateful hate crimes have a greater impact be- extreme views. Look at Lawrence King, thoughts. It seeks only to punish ac- cause they cannot only affect the vic- a 15-year-old who died on February 12, tion—violent action that undermines tim, they affect our entire community. 2008, because he was gay; or look at the core values of our Nation. We are all diminished when someone in This legislation strengthens the abil- what happened after the last elections, our community is violated because of ity of State and local governments to when two men went on a killing spree his or her ethnic background or be- prosecute hate crimes by ‘‘’providing to find African Americans; or look at cause of race or sexual orientation. grants to help them meet the often on- what happened in July 2008, when four We need to speak to our national pri- erous expenses involved in inves- teenagers were brutally beaten up be- orities. This amendment speaks to tigating these crimes. It also enables cause they were immigrants. what America should stand for—that the Justice Department to assist State All we need to look at are the FBI we will not permit or tolerate someone and local governments in prosecuting statistics that indicate in 2007 there to be victimized because of that per- hate crimes, or to step in when these were 7,600 hate crimes in America. son’s gender or race or because of that governments fail to act. That is the reported hate crimes. We person’s sexual orientation or dis- Even though the aggregate number of know many of these acts go unreported ability. hate crimes has slightly decreased na- and the numbers are much larger. Eth- This is a bill that has enjoyed broad tionally over the past decade, the num- nic communities are reporting an in- bipartisan support in this body. Many ber of crimes against certain groups crease in violent acts motivated by of us have worked for many years in has risen. Hispanic Americans have in- hate. order to improve the Federal Govern- creasingly become the target of bigots’ Unfortunately, this law is needed, ment’s ability to respond in these rage. And, according to a recent AP and we need to strengthen the law so it areas. This is the next chapter that story, the number of fatal hate crimes can effectively accomplish its purpose. needs to be done. I hope my colleagues against LGBT people increased by a What do I mean by that? This amend- will do what we did in the prior Con- shocking 30 percent last year. ment, this law, builds on federalism. It Indeed, late last year, there was a builds on what our States are already gress and pass this amendment to the particularly chilling hate crime per- doing to combat these crimes. Forty- Defense authorization bill so we can petrated in New York against an Ecua- five States have separate laws that move forward to strengthen our resolve dorian man named Jose Osvaldo. Jose, deal with hate crimes—31 deal with vi- against this type of hate activity in a father of two, was walking home with olence against someone because of America. I yield the floor, and I suggest the ab- his arm around his brother and was vi- their sexual orientation, 27 include sence of a quorum. ciously attacked with an aluminum gender violence. What we need to do is The PRESIDING OFFICER. The baseball bat while his perpetrators strengthen our Federal law so fed- clerk will call the roll. yelled anti-gay and anti-immigrant eralism, in fact, can work. The Federal Government has re- The assistant legislative clerk pro- slurs. ceeded to call the roll. This legislation sends a clear mes- sources which the States don’t always Mr. UDALL of New Mexico. Madam sage to those perpetrators and to all have to be able to pursue these types of President, I ask unanimous consent the others: in America, we do not tolerate violent acts. This amendment would order for the quorum call be rescinded. acts of violence motivated by hatred of strengthen the Federal statute so it would apply to acts of violence based The PRESIDING OFFICER. Without vulnerable communities. In America, objection, it is so ordered. you are free to be yourself, and you upon someone’s gender, sexual orienta- HEALTH CARE REFORM should never be attacked for doing so. tion, or disability. And it would go be- What message will it send to Ameri- yond the current Federal law, which Mr. UDALL of New Mexico. Madam cans if we fail to pass this amendment? only allows Federal involvement if the President, watching the Senate floor I wonder and I worry. crime occurs during some protected ac- during the debate over health care re- I urge my colleagues to support this tivity. form, I cannot help but feel that some much-needed legislation. It also provides the resources to help of my colleagues are a little confused. I yield the floor and suggest the ab- our States, in that the bill provides It is almost as if they have forgotten sence of a quorum. grants to State, local, and tribal law that this discussion is going on in The PRESIDING OFFICER. The enforcement entities for prosecution, America, not Canada. They don’t want clerk will call the roll. programming, and education related to to talk about the 22,000 Americans who The legislative clerk proceeded to hate crimes prosecution and preven- died in 2006 because they do not have call the roll. tion. insurance. They don’t want to talk

VerDate Mar 15 2010 14:38 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00018 Fmt 0686 Sfmt 0634 E:\BR09\S15JY9.000 S15JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD July 15, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 13 17775 about the more than half a million insurance company can charge a cus- with our current system or we can give Americans who file for bankruptcy tomer more because of a health prob- Americans another option that guaran- after incurring unpayable medical lem from 5 years ago or because he tees quality, affordable care. Oppo- bills. They don’t want to talk about happens to be 45 years old and not 44. nents of reform do not want to talk the millions of other Americans who They can even charge a woman more about that decision so they talk about worry that they are one layoff away because she might get pregnant. They Canada. But the decision before us has from losing coverage and one heart at- have every incentive to do so. nothing to do with Canada. It is about tack away from losing everything. When a private insurance company the American people. They have been No, they want to talk about Canada. turns down somebody who needs help, stuck in a broken system too long, and I am not saying we should not sym- its profits go up. When it denies needed it is time to give them another choice. pathize with our neighbors to the care, it has more money for its share- I suggest the absence of a quorum. north, but I wish to talk about how we holders. That is a broken system. The PRESIDING OFFICER. The can fix the health care system for the In New Mexico, we have seen the im- clerk will call the roll. American people, for the people of New pact of unaffordable health care. Al- The assistant legislative clerk pro- Mexico, since none of the plans we are most one in four New Mexicans is unin- ceeded to call the roll. considering would set up a Canadian sured and nearly half our citizens have Mr. MCCAIN. I ask unanimous con- system. inadequate coverage. The vast major- sent that the order for the quorum call Let’s look at how we can pass an ity of these people are employed, but be rescinded. American solution to the problems they and their employers simply can- The PRESIDING OFFICER (Mr. faced by Americans. If you like the not afford coverage. UDALL of New Mexico). Without objec- coverage you have, you should be able A constituent of mine from Cedar tion, it is so ordered. Mr. MCCAIN. Mr. President, I ask to keep it, and none of the plans we are Crest, NM, wrote me the other day to unanimous consent to speak as in considering would take away the op- explain she and her husband cannot af- morning business. tions Americans already have. But the ford to offer their employees health care at a small manufacturing com- The PRESIDING OFFICER. Without status quo is not enough. We need to objection, it is so ordered. give consumers another option. We pany they own. The rates for small AUNG SAN SUU KYI need to give them the freedom to businesses such as theirs are Mr. MCCAIN. Mr. President, I wish to choose a quality, affordable, public unaffordable. Our high numbers of uninsured citi- take a few moments to address the sit- health option. After all, what is more zens cost the rest of us money. The av- uation in Burma. American than competition and erage New Mexico family with insur- Though it has faded from the head- choice? Even if our private market ance pays an additional $2,300 just to lines, the outrageous detention and functioned perfectly, it would make cover the price of the uninsured— trial of Aung San Suu Kyi, that aston- sense to give consumers another $2,300. You see, if a New Mexican with ishingly courageous Burmese leader, choice. But our health care system diabetes has insurance, his insurance continues. Ms. Suu Kyi, who has spent doesn’t function perfectly. Our system company can pay a small amount to the majority of the past two decades provides too little choice and too little have him receive routine tests and under house arrest, is being held at the quality at too high a price. Too many treatments from a podiatrist. But if a notorious Insein Prison compound. She of America’s health care markets are New Mexican is uninsured, he is less was charged with crimes following the effectively monopolies, or at best du- likely to receive checkups. As a result, arrival at her house of an uninvited opolies. According to a recent study by he is more likely to miss the telltale American man who swam across a the American Medical Association, signs of a circulatory problem and nearby lake. He then reportedly stayed most American metropolitan areas are twice as likely to need an amputation. on her compound for 2 days, despite re- dominated by one private insurer, and Diabetes amputations cost almost quests to leave. Based on this occur- others are largely dominated by just $39,000, and New Mexico did 366 of these rence, the regime charged Ms. Suu Kyi two. In New Mexico, the top two com- procedures in 2003 for a total of $4.2 with crimes and ordered her to stand panies have 65 percent of the market. million. When a diabetic has a limb trial in late May. Since then, she has To put that in perspective, Dell, amputated, the operation is only the been jailed and awaits possible convic- Compaq, Gateway, HP, and IBM com- beginning of the medical services he tion and up to 5 years in prison. bine for less than 54 percent of the U.S. will need. For the uninsured, those Let us recall that this long-suffering personal computer market. I have to costs fall on every family with insur- woman is, in fact, the legitimately believe we can offer our consumers ance. elected leader of that country. To this more than two choices of health plans. Some of my colleagues admit that day, the generals refuse to recognize My State is a rural State, and in the status quo does not work, but they the 1990 elections, in which the Ms. Suu rural areas such as ours consumers claim a government regulator can keep Kyi’s National League for Democracy often have less choice. They get to pay the private HMOs in line; we will not was victorious. Instead, they plan to whatever the local health care plan need more regulation if open competi- proceed with ‘‘elections,’’ to be held wants or go without insurance. Insur- tion can be more effective. Others just next year, that they evidently believe ance companies have used this monop- claim that a public health care option will legitimize their illegitimate rule. oly power to offer less and to charge will not work, but the evidence sug- The ruling regime seeks ways to ensure more. As consolidation has increased gests otherwise. Experts have devel- that Ms. Suu Kyi and other NLD mem- since 2000, insurers have raised oped a number of viable plans to give bers are not free to participate in these deductibles and copayments without Americans the choice of a quality, af- elections, since it is the NLD—and not increasing coverage, and they have fordable public option. More than 30 the military junta—that has the sup- continued to make healthy profits State governments offer their employ- port of the Burmese people. As an esti- while their customers struggle to keep ees a choice between private insurance mated 2,100 political prisoners, includ- up with rising costs. Premiums for em- and a State-backed public option, in- ing Aung San Suu Kyi, fill Burmese ployer-sponsored health care have al- cluding my State of New Mexico. These jails, the international community most doubled since 1999, but rising States have not found this strategy un- should see this process for the sham costs have not hurt health care com- workable. They have not seen either that it represents. pany CEOs. The top 10 CEOs managed public or private coverage dominate I once had the great honor of meeting to pull down $85.4 million in 2008. the market. Their employees just have Aung San Suu Kyi. She is a woman of Even worse, what competition we another choice. What would be wrong astonishing courage and incredible re- have doesn’t keep companies honest. with that? solve. Her determination in the face of Instead, they compete to avoid the The truth is, this Congress has a very tyranny inspires me, and every indi- poor and the sick. In New Mexico, an simple decision to make. We can stick vidual who holds democracy dear. Her

VerDate Mar 15 2010 14:38 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00019 Fmt 0686 Sfmt 0634 E:\BR09\S15JY9.000 S15JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD 17776 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 13 July 15, 2009 resilience in the face of untold the immediate, unconditional release Human rights campaigners say incarcer- sufferings, her courage at the hands of of Aung San Suu Kyi. ation at the top security prison, which is a cruel regime, and her composure de- Following the visit of the U.N. Sec- known as the ‘‘darkest hell-hole in Burma’’, spite years of oppression inspire the retary-General, the Burmese represent- could be tantamount to a death sentence— ative to the U.N. stated that the gov- especially as the 63-year-old’s health is world. Burma’s rulers fear Aung San known to be fragile. ernment is planning to grant amnesty Suu Kyi because of what she rep- Bo Kyi, now joint secretary of Assistance resents—peace, freedom and justice for to a number of prisoners so they may Association for Political Prisoners (Burma), all Burmese people. The thugs who run participate in the 2010 general elec- has firsthand experience of life in Insein jail. Burma have tried to stifle her voice, tions. ASEAN states should demand He was jailed for more than seven years for but they will never extinguish her the implementation of this pledge to political dissent, and was kept in solitary moral courage. include all political prisoners currently confinement for more than a year, in a con- Earlier this month, the United Na- in jail, including Ms. Suu Kyi. crete cell that was about 8ft by 12ft (2.5m by tions Secretary-General traveled to Secretary of State Clinton will travel 3.5m). Burma in an attempt to press the re- to Thailand later this month to par- There was no toilet in the cell—just a gime on its human rights abuses. The ticipate in the ASEAN Regional bucket filled with urine and feces. He slept ruling generals reacted in their typical Forum. I urge her to take up this issue on a mat on the floor. fashion. They stage managed Ban Ki- with her Southeast Asian colleagues. Mr Kyi says he was tortured and beaten by Too many years have passed without the prison guards. He was shackled in heavy moon’s visit, even refusing his request chains, with a metal bar between his legs, to speak before a gathering of dip- the smallest improvement in Burma. And although the situation there is re- which made it difficult to walk. lomats and humanitarian groups. Every morning for about two weeks, he Instead, before leaving, he was forced plete with frustration and worse, it is not hopeless. says he was made to ‘‘exercise’’—forced to to speak at the regime’s drug elimi- adopt awkward positions and if he failed he We know from history that tyranny nation museum. He was also refused a was brutally beaten. will not forever endure, and Burma will meeting with Aung San Suu Kyi. Bur- During this time he was not allowed to be no exception. Aung San Suu Kyi, mese officials stated that their judicial shower and was forced to sleep on bare con- and all those Burmese who have fol- regulations would not permit a meet- crete. lowed her lead in pressing for their own ing with an individual currently on DISEASE RIFE inalienable rights, should know: All trial. Incredible. Following his visit to free peoples stand with you and sup- He was later moved from isolation and Burma, the Secretary-General pointed port you. The world is watching not shared an overcrowded cell with four other out that allowing a meeting with Ms. political prisoners. only your brave actions but also those Suu Kyi would have been an important He says the prison has the capacity to of the military government, where cru- symbol of the government’s willingness house 5,000–6,000 prisoners. He estimates elty and incompetence know no to embark on the kind of meaningful there are currently some 10,000 in detention. bounds. Once a week they were able to wash their engagement essential to credible elec- Burma’s future will be one of peace tions in 2010. He is right, and the re- clothes. But during the stifling summers he and freedom, not violence and repres- said there was no water to bathe. gime’s refusal is simply the latest sign sion. We, as Americans, stand on the that meaningful engagement is not on With only three prison doctors to treat side of freedom, not fear; of peace, not 10,000 inmates, he says diseases such as tu- its list of priorities. violence; and of the millions of people berculosis, scabies and dysentery were rife. It is incumbent on all those in the in Burma who aspire to a better life, Mental illness was also widespread. international community who care not those who would keep them iso- Bo Kyi says Aung San Suu Kyi is most about human rights to respond to the lated and oppressed. likely being held in a special compound built junta’s outrages. The work of Aung The United States has a critical role for her detention in 2003, which has a wooden San Suu Kyi and the members of the to play, in Burma and throughout the bed and a toilet. National League for Democracy must world, as the chief voice for the rights Although the conditions there are probably not as bad as in the rest of the prison, he be the world’s work. We must continue and integrity of all persons. Nothing to press the junta until it is willing to says he is still extremely concerned for her can relieve us of the responsibility to well-being. negotiate an irreversible transition to stand for those whose human rights are ‘TOTALLY UNACCEPTABLE’ democratic rule. in peril, nor of the knowledge that we The Burmese people deserve no less. stand for something in this world Ms. Suu Kyi has spent more than 11 of the This means renewing the sanctions greater than self-interest. past 19 years in some form of detention that will expire this year, and it means Should we need inspiration to guide under Burma’s military government. vigorous enforcement by our Treasury us, we need look no further than to She was jailed at Insein prison in May 2003, Department of the targeted financial after clashes between opposition activists that astonishingly courageous leader, and supporters of the regime. sanctions in place against regime lead- Aung San Suu Kyi. The junta’s latest ers. And it means being perfectly clear Her latest period of house arrest was ex- actions are, once again, a desperate at- tended last year—a move which analysts say that we stand on the side of freedom tempt by a decaying regime to stall for the Burmese people and against is illegal even under the junta’s own rules. It freedom’s inevitable process in Burma is due to expire on 27 May. those who seek to abridge it. and across Asia. They will fail as sure- Human rights activist Debbie Stothard, The message of solidarity with the ly as Aung San Suu Kyi’s campaign for from the pressure group Altsean-Burma, has Burmese people should come from all a free Burma will one day succeed. urged the international community to inter- quarters, and that includes their clos- Mr. President, I ask unanimous con- vene in trying to secure Ms. Suu Kyi’s re- est neighbors—the ASEAN countries. sent to have printed in the RECORD an lease. The United States, European countries, article from BBC News entitled ‘‘Inside ‘‘Many people have died when they have and others have condemned Ms. Suu Burma’s Insein Prison’’ and an AP arti- been detained in Insein, that’s a proven fact. Kyi’s arrest and called for her imme- cle entitled ‘‘Myanmar junta stage- ‘‘The fact that Aung San Suu Kyi . . . now diate release. The countries of South- manages visit by UN chief.’’ might be subject to a life-threatening deten- tion condition—it’s totally unacceptable,’’ east Asia should be at the forefront of There being no objection, the mate- this call. she said. rial was ordered to be printed in the ‘‘It’s totally unjust and it’s time that ASEAN now has a human rights RECORD, as follows: charter in which member countries Asean, China and the rest of the inter- [From BBC NEWS, May 14, 2009] national community finally put their foot have committed to protect and pro- INSIDE BURMA’S INSEIN PRISON down.’’ mote human rights. Now is the time to Burmese pro-democracy leader Aung San Many analysts believe that pro-democracy live up to that commitment, and Suu Kyi is being held in the notorious Insein leader’s arrest is a pretext by the military ASEAN could start by dispatching en- jail in Rangoon, after being charged with regime to keep her detained until elections voys to Rangoon in order to demand violating the terms of her house arrest. expected in 2010.

VerDate Mar 15 2010 14:38 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00020 Fmt 0686 Sfmt 0634 E:\BR09\S15JY9.000 S15JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD July 15, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 13 17777 [From AP, July 6, 2009] tests led by Buddhist monks in September Ms. KLOBUCHAR. Mr. President, MYANMAR JUNTA STAGE-MANAGES VISIT BY 2007. first, I commend my colleague from At the end of the trip, Ban tried to defuse UN CHIEF Arizona, Senator MCCAIN, for his great the notion he was returning empty-handed. (By John Heilprin) He said the visit was an opportunity to leadership and for his important words YANGON, MYANMAR.—Myanmar’s ruling plant seeds that could blossom later and that about Burma. No one would know bet- junta wanted Ban Ki-moon to go into a gran- he was dutifully relaying the international ter than Senator MCCAIN about the diose drug museum through the back door to community’s message the elections must be human rights violations of someone prevent the U.N. secretary-general from seen as credible. held in a prison such as that. making a rock-star entrance. In the meantime, Ban said he will keep As he is aware, on a bipartisan basis, Ban eventually did walk through the front talks alive with Than Shwe through the so- the women Senators have come to- door—a small victory after he had lost far called Group of Friends on Myanmar. gether to support Aung San Suu Kyi bigger battles, notably a hoped-for meeting That approach hasn’t nudged Myanmar on with jailed democracy leader Aung San Suu key issues. Nor have eight previous visits by and her fight in Burma. Kyi (pronounced ong sahn SUE CHEE). Ibrahim Gambari, Ban’s top envoy to I would also add, I recently met with After a two-day visit in which the generals Myanmar, produced many results. a Burmese community in my State. tried to stage-manage the world’s top dip- ‘‘Than Shwe is using the United Nations as They are concerned about their rel- lomat at every step, Ban left the country a way of buying time or distracting people atives there and everything that is with few prospects of even slightly loosening from the main issues, so it isn’t very con- happening in that country. We have the iron grip on power held by military re- structive,’’ Seekins said. ‘‘I don’t think Than someone in our office whose relatives gime and its junta chief, Senior Gen. Than Shwe is willing to make political conces- are in Burma. Shwe. sions, especially concerning Aung San Suu So I thank the Senator for his words If people saw Ban acting independently in Kyi. I think he would really like to put her Myanmar ‘‘that would cause Than Shwe to away in jail and not have to worry about and also for his leadership on the lose face,’’ said Donald Seekins, a Myanmar her.’’ amendment, the Levin-McCain amend- expert at Japan’s Meio University. ‘‘So they In the absence of Suu Kyi, it was left to ment to strike the $1.75 billion added want to manipulate him.’’ Ban to deliver unusually stinging remarks to the bill that is on the floor to pur- By snubbing Ban, the country’s military about the government, its pummeling of chase additional F–22 aircraft that rulers lost an opportunity to improve its human rights and the urgent need to set a have not been requested by the Pen- standing among many of the world’s nations new course. tagon. that view the struggling country with rich When he took the stage at the museum, it This is a very difficult issue for many reserves of gas and minerals as a pariah. was a rarity in the military’s half-century of people in this Chamber, including the Inside Myanmar, Suu Kyi’s opposition dominance—an outside political figure al- party said Than Shwe (pronounced TAHN lowed to say what he wants. Senator from Arizona. But we all know SHWAY) showed he is unwilling to permit And after much haggling, Ban’s black Mer- in the end what counts is to do the real change ahead of the 2010 elections, cedes was allowed to pull up to the front right thing for our troops and for our which would be the first in two decades. door of the museum. There, his motorcade national security. Ban had asked to make his closing speech disgorged a small entourage of aides and a This amendment truly gives us an to diplomats and humanitarian groups Sat- half-dozen international journalists. Local important choice: Will we continue to urday at a hotel, but the junta refused and press awaited him inside. pour billions into unproven weapons forced him to instead speak at the govern- That also ensured an audience for him in systems, despite repeated cost overruns ment’s Drug Elimination Museum. Myanmar and beyond—another small vic- Ban’s staff didn’t want his presence there— tory. and program delays or are we going to make the hard choices necessary to en- where a wax figure depicts a military intel- Mr. MCCAIN. Mr. President, from the sure that our troops in the field have ligence chief chopping opium poppies, which story of the Burmese prison, let me what they need to fight present and fu- Myanmar views as a scourge introduced by quote: colonialists—to appear like another prop fur- ture conflicts? thering the government’s agenda. Human rights campaigners say incarcer- These F–22s, we know, possess unique ation at the top security prison, which is ‘‘They fought us over every last detail,’’ flying capabilities, but not one has said a U.N. official who took part in orga- known as the ‘‘darkest hell-hole in Burma’’, could be tantamount to a death sentence— ever flown over Iraq or Afghanistan. nizing the trip, speaking anonymously and We have much more pressing needs. out of protocol because of the sensitivity of especially as the 63-year-old’s health— the matter. Referring to Aung San Suu Kyi’s Both the past President and the cur- Ban—whose mild-mannered facade belies a health—— rent President support this amend- toughness and occasional temper—would is known to be fragile. ment. I hope my colleagues will sup- have preferred a tete-a-tete with Than Shwe Bo Kyi, now joint secretary of Assistance port it as well. to having note-taking aides around, an ex- Association for Political Prisoners (Burma), I am actually here to speak in sup- ample of his belief in his ability to sway re- has firsthand experience of life in Insein jail. port of the Matthew Shepard Hate calcitrant world leaders if only he can get He was jailed for more than seven years for Crimes Prevention Act. I am a cospon- them alone in a room. political dissent, and was kept in solitary sor of this legislation which will help But Than Shwe’s idea of a tete-a-tete was confinement for more than a year, in a con- us fight hate crimes and make our to pit himself and the other four generals crete cell that was about 8ft by 12ft. . . . who together make up the ruling State There was no toilet in the cell—just a communities safer. Peace and Development Council against Ban bucket filled with urine and faeces. He slept Among other things, the bill would and some high-ranking U.N. deputies in the on a mat on the floor. impose criminal penalties for targeting rarely visited capital of Naypyitaw, accord- Mr. Kyi says he was tortured and beaten by a victim on the basis of race, religion, ing to U.N. officials. the prison guards. He was shackled in heavy sexual orientation or disability. The 76-year-old Than Shwe suggested that chains, with a metal bar between his legs, I wish to thank Senator LEAHY for Ban might not be invited back until after which made it difficult to walk. his work on this bill and, of course, the elections. Every morning for about two weeks, he Senator KENNEDY for his work and Ban said Than Shwe promised to hand over says he was made to ‘‘exercise’’—forced to power to civilians after the elections. But adopt awkward positions and if he failed he leadership on the issue over the years. the generals refused to follow U.N. rec- was brutally beaten. I have been involved with this piece ommendations intended to prevent sham During this time he was not allowed to of legislation for many years. If you go elections, including publishing an election shower and was forced to sleep on bare con- way back to 2000, when I was the coun- law and freeing Suu Kyi and 2,200 other po- crete. ty prosecutor for Minnesota’s largest litical prisoners to ensure general participa- It goes on. county, I was actually called to Wash- tion. So she is there in that prison. I hope ington for the first time to take part in ‘‘Only then will the elections be seen as and pray the treatment she is receiving a ceremony in which the bill was intro- credible and legitimate,’’ Ban told reporters Monday in Geneva, Switzerland. is not anywhere along the lines of what duced. The government refused to honor the re- this prison is well known for. I remember this moment well be- sults of the 1990 elections after Suu Kyi’s Mr. President, I yield the floor. cause there I was with the President at party won in a landslide. The junta tolerates The PRESIDING OFFICER. The Sen- the time, President Clinton, and Attor- no dissent and crushed pro-democracy pro- ator from Minnesota. ney General Reno. We were ready to

VerDate Mar 15 2010 14:38 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00021 Fmt 0686 Sfmt 0634 E:\BR09\S15JY9.000 S15JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD 17778 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 13 July 15, 2009 walk in for this ceremony to introduce vandalized by young kids. And I think tion, but year after year the forces of the hate crimes bill. I was standing about the case of a Korean church that reaction have stalled and blocked and outside, and the military band struck had all kinds of hateful graffiti written tried to do everything they can to up ‘‘Hail to the Chief’’ because the on it. Some of these cases, as I said, make it go away. This must end. President was entering the room. I were major attempted murder cases. A little over 40 years ago, Robert started to walk, and all of a sudden I Some of them were simply graffiti Kennedy broke the news to a crowd in felt this big hand on my shoulder, and cases. But to the people in that church, Indianapolis that Martin Luther King, this voice said: I know you are going to to the people in that temple, it meant Jr., had just been assassinated. During do great out there, but when they play something much more. his speech, Kennedy called on the that song I usually go first. That is why I was glad, at least in a crowd and the country to make an ef- It is something I will never forget. few of these cases, we were able to use fort, to understand and to comprehend, So here I am now, 9 years later, with our State hate crimes legislation. and to replace that violence, that stain this same bill. We are working very Those were cases in Minnesota—a place of bloodshed with an effort to under- hard to get this bill passed. I am hope- where you might not think you would stand with compassion and love. We ful we will be able to do that. see these kinds of cases. But we did. should answer his call today. What I remember most about that This bill in front of us, the Matthew I look forward to the day—and I hope day back in 2000, however, was the Shepard hate crimes bill, will strength- it will be very soon—when the Hate meeting I had with the investigators in en the ability of Federal, State, local, Crimes Prevention Act becomes law. It the Matthew Shepard case. They were and tribal governments to investigate is long overdue. I urge my colleagues to support it. two burly cops from Wyoming, and and prosecute hate crimes. It increases Thank you very much, Mr. President. they talked about the fact that until the number of personnel at the Treas- I yield the floor, and I note the ab- they had investigated that horrible ury Department and the Department of sence of a quorum. crime, they had not considered what Justice working on hate crimes. It The PRESIDING OFFICER. The the victim’s, Matthew Shepard’s, life gives grants to State and local law en- clerk will call the roll. was like. forcement officials investigating and The legislative clerk proceeded to When they got to know the family in prosecuting hate crimes. It authorizes call the roll. the case, when they got to know the the Attorney General to provide re- Mr. DORGAN. Mr. President, I ask mom, and they got to know the people sources and support to State, local, and unanimous consent the order for the surrounding Matthew Shepard, their tribal law enforcement officials for quorum call be rescinded. own lives changed forever. hate crime investigations and prosecu- The PRESIDING OFFICER (Mr. I hope by passing this bill we can pre- tions. MERKLEY). Without objection, it is so vent other Matthew Shepards from In addition, this bill authorizes the ordered. being targeted and deter hate crimes. Federal Government to step in when Mr. DORGAN. Mr. President, we are Attorney General Eric Holder re- needed and prosecute hate crimes, on the Defense authorization bill, ap- cently appeared before the Senate Ju- when needed, after the Justice Depart- parently stranded, unable to vote on an diciary Committee to talk about his ment certifies that a Federal prosecu- amendment that had been offered deal- support for this bill, and he gave us tion is necessary. While most of these ing with the issue of the F–22. The F– some somber statistics. He reported cases will continue to be handled by 22 airplane is a remarkable airplane. I that ‘‘there have been over 77,000 hate State and local jurisdictions, the bill have talked to pilots who have flown crime incidents reported to the FBI’’ provides a Federal backstop for State it. I have seen it at Edwards Air Force from 1998 to 2007 or ‘‘nearly one hate and local law enforcement to deal with Base. It is an extraordinary airplane. crime every hour of every day’’ for the hate crimes that otherwise might not It costs a lot of money. We have built past decade. be effectively investigated and pros- as many as the Defense Secretary wants built at this point. The Chair- In my State of Minnesota, there were ecuted or for when States request as- man of the Joint Chiefs, the Defense 157 reported offenses in 2007. But when sistance. It is a backdrop. Think about Secretary, the head of the Air Force, I think about this issue, it is not just how many other areas of the law where has indicated they want to cap the F– about the statistics. It is about the vic- we have these kinds of backdrops. In 22 at that number—I believe it is 187— tims of these crimes. the gun area, as the Presiding Officer is and do not wish to build more. They When I was county prosecutor, we aware from his work in the State of say that is all we need. That is all we had a number of cases that were clear- New Mexico, sometimes we have over- want. ly motivated by hate. That was one of lapping jurisdictions. The gun crime is There is a $1.75 billion fund that was the reasons, actually, I was chosen to a perfect example. State laws can put in this bill, now, as an amendment go out to Washington. And part of it apply, but sometimes the Feds will in the Armed Services Committee, to was we had worked well with the Fed- come in or you will want them to come build more F–22s. So the amendment eral prosecutors on some of the cases. in and handle the case. The same with by the chairman of the committee and We had the case of a 14-year-old Afri- drug crimes. It helps to have that Fed- by Senator MCCAIN, the ranking mem- can-American boy who was minding his eral backdrop for the investigating ber, was to take the $1.75 billion out of own business, and a guy who did have power, for the sentencing power, and the bill. I support the amendment—not some mental health issues told his for many other things. So this bill because I don’t like the airplane, I do; friends: I am going to go out and—he won’t usurp the role of local law en- but if those who are in charge of the used a different word—but shoot a forcement but, rather, supplement it Pentagon, Secretary Gates; Admiral Black kid on Martin Luther King Day. when needed. Mullen; the head of the Air Force, Sec- And he did. And he almost killed this Finally, I wish to note that this leg- retary Donnelly; General Schwartz and little 14-year-old boy. But he survived, islation has the support of numerous others say we do not want anymore F– and we prosecuted the case. law enforcement organizations, includ- 22s, don’t need anymore F–22s to do the I also think about a young Hispanic ing the International Association of mission that we believe is necessary for man. He was working in a factory, and Chiefs of Police, the Major Cities that airplane, and instead we want to his boss got mad at him because he did Chiefs, and the National District At- move toward the Joint Strike Fight- not speak English and he was speaking torneys Association. er—if that is their judgment, in my Spanish at work. His boss took a 2 by For years we have recognized the judgment we ought not put another bil- 4 and hit him over the head, resulting need for this legislation. I think back lion back into this bill. Yet that is in bleeding in his brain and brain dam- to 2000 when I was standing outside of what happened in the subcommittee. age—all for speaking Spanish. the East Room with President Clinton I wish to call attention to the fiscal I also think about the case we had when it was first introduced. For years policy and where we are in this coun- with a Hindu temple that was severely we have known we need this legisla- try. President Obama has been in office

VerDate Mar 15 2010 14:38 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00022 Fmt 0686 Sfmt 0634 E:\BR09\S15JY9.000 S15JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD July 15, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 13 17779 a relatively short period of time. He in- Actually, the Cuban people do not Even as I speak, I assume our air- herited an unbelievable mess. There is need those television signals to know plane is broadcasting a television sig- no question about that. We are in the that because they can simply listen to nal to the Cuban people who cannot re- deepest recession since the Great De- Miami radio, or they can listen to what ceive it. pression. There is a substantial de- is called Radio Marti, which actually TV Marti’s quest to overcome the laws of crease in revenues and increased spend- gets into the market in Cuba. We physics has been a flop. ing this year as a result of this very broadcast Radio Marti. I don’t object John Nichols says, the same witness. steep recession. Social service costs are to that. It costs a fair amount of Aero Marti, the airborne platform for TV going up, and there’s more unemploy- money. I don’t object to that. We get Marti, has no audience currently in Cuba, ment, more food stamps and so on. I radio signals into Cuba to tell the and it is a complete and total waste of $6 believe there is close to a 20-percent re- Cuban people what is going on in our million a year in taxpayer dollars. The audi- duction in revenue for the government country and the problems they face in ence of TV Marti, particularly the Aero plat- and close to a 20-percent increase in their country. form is probably zero. . . . spending. On top of that, Congress I have been to Cuba. I think the Talking now about the airplane plat- passed a stimulus or economic recovery Cuban people know pretty much the form. program. All of this has driven the def- problems they face with the Castro re- We are talk about the GAO report. icit up in this fiscal year, a very sizable gime, a regime that squeezes the free- The best available research indicates that deficit. That deficit will be very sizable dom out of the Cuban people. TV Marti’s audience size is small . . . tele- next year and the year after. But here is the deal. We have aero- phone surveys have reported less than 1 per- It begins to go down and then goes stat balloons, first of all, to put tele- cent had watched TV Marti over the last back up in the outyears. This is a fiscal vision signals into Cuba. The problem week. policy that is not sustainable for our is we have spent a quarter of a billion I don’t know what 1 percent is. I country. It just is not. It is not a dollars doing it and the Cubans can’t don’t know what less than 1 percent is. Democratic or Republican policy that get the TV signal. Why? Because the That is minuscule, right? But I have of- is not sustainable, it is a fiscal policy Castro government jams it easily. They fered an amendment that takes out of trillions and trillions of dollars of jam it just like that. We used to broad- about $15 million to support TV Marti, red ink that we must change. cast from 3 in the morning to 7 in the which is a program that has now wast- If we cannot even deal with the issue morning a signal no one can see, so we ed about a quarter of a billion dollars of adding $1.75 billion to build more use these balloons on a big tether and sending television signals to Cuba that planes that the Defense Department broadcast a television signal to people no one in Cuba can see. You know says they do not want, we will hardly who can’t see it. We kept spending what, it is very hard to get this kind of be able to deal with the more difficult money thinking it was a great thing to thing stopped. fiscal problems in the future. So I sup- do, broadcasting a television signal no- The reason I wish to mention it port the amendment offered by the body can see. In fact, one of these bal- today is we are on the floor talking chairman and the ranking member. I loons got loose, got off its mooring, about $1.75 billion for the F–22. We are, hope we get a chance to vote on that and wound up somewhere in the Ever- I assume—almost everyone here is sup- amendment. glades. They had a devil of a time try- porting the next generation fighter we The issue of spending money we do ing to catch this balloon; and another are building, the Joint Strike Fighter. not have, often on things we do not balloon disappeared in a hurricane, and But the Pentagon says they want to need, is not new in any committee in stop and not order anymore of the F– this Congress. There are plenty of they have never seen it since. They decided, you know what, we can 22s. It is a reasonable thing, to me, areas where we can take a pretty big actually clip the American taxpayer that being deep in debt, choking on red slice out of spending. You can do it, for more than a balloon. What we will ink, at least we might want to accept not with just big programs, you can do do is buy an airplane and broadcast the the recommendation of not building it with smaller programs. I brought to television signal the Cuban people that which they do not want. At least the floor a couple charts that show an can’t see from an airplane, so the with respect to Aerostat balloons and issue that, in my judgment, is flatout airplanes and television signals to total, complete, thorough government American taxpayers bought an air- Cuba that no one can see, the very waste. I have tried, now, about 5 years plane. It flies, I think, 5 or 6 days a least the taxpayers should expect of us in a row to get rid of it and have been week, broadcasting television signals is that perhaps we would stop spending unsuccessful. I finally got an amend- into Cuba that the Cubans block, that money sending television signals to no ment this past week added to an appro- no one can see. You talk about ignorant? At a time one. Maybe that is not too much to priations bill that shuts down the fund- when we are deep in debt, spending ask. ing. But now we will see, there will be money we don’t have to broadcast tele- Let me ask consent to speak in a big fight on the floor to restore the morning business for 5 minutes on a funding. Let me tell you what this is. vision signals to people who can’t get Again, we are not talking about a lot it? That is unbelievable to me. different subject. of money. In my hometown, this would Here is what the Cuban people see. The PRESIDING OFFICER. Without be a lot of money, but my hometown is All of us have seen bad television with objection, it is so ordered. 300 people, so $20, $30 million is a lot of snow covering the entire screen. Here FINANCIAL CRISIS INQUIRY COMMISSION money. is what is broadcast—it is programs Mr. DORGAN. Mr. President, today This is a picture of Fat Albert, which with caricatures of the Castro broth- House and Senate leaders appointed is an aerostat blimp or aerostat bal- ers. The Cubans don’t need to be re- members for a Financial Crisis Inquiry loon. This is Fat Albert, purchased by minded the Castro brothers are a Commission. That is the title, the Fi- the government. In fact, we purchased scourge in that government. nancial Crisis Inquiry Commission. I a couple of them so we can put it way Let me describe what John Nichols, have been calling for both a commis- up in the air on a tether, and it would who is a professor of communications sion and also a select committee of the broadcast television signals into the and international affairs at Penn State Congress because I think that we have country of Cuba because the Castro University, has said: a requirement and responsibility to es- brothers run an operation down there TV Marti’s response to this succession of tablish what is the narrative that has that doesn’t provide any freedom to failures over a two-decade period has been to caused this economic and financial cri- resort to ever more expensive technological sis in this country. We are in a deep fi- the Cuban people, so we are sending gimmicks, all richly funded by Congress. them television signals to tell them And none of these gimmicks, such as the air- nancial crisis and have been for some how wonderful things are in the United plane, have worked . . . It’s just the laws of long while. States and how awful things are in physics. In short, TV Marti is a highly This didn’t happen as a result of Cuba. wasteful and ineffective operation. . . . some giant hurricane or some tornado

VerDate Mar 15 2010 14:38 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00023 Fmt 0686 Sfmt 0634 E:\BR09\S15JY9.000 S15JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD 17780 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 13 July 15, 2009 or some flood, or some other natural So we had all of these strange plans vising the financial industry in this disaster visiting our country. No, this out there, exotic plans, some of which country, that watched the creation of was not a natural disaster. This hap- were creating an unbelievable bubble of these big holding companies, watched pened as a result of decisions being speculation. We had bank holding com- what happened with the mortgage com- made by human beings here among us. panies buying them and we had FDIC- panies with unbelievably speculative The question is who? And what deci- insured banks actually trading them. instruments, watched the advertise- sions? How did this happen? What is Pretty soon you got toxic assets lying ments on television saying: If you have the narrative that has caused the most in the belly or the gut of these finan- been bankrupt, slow pay, no pay, got significant crisis since the Great De- cial institutions, and they are going to bad credit, come to us. We will give pression? go belly-up unless somebody else buys you a loan—the Federal Reserve Very smart economists have said, them. watched all of that and did nothing. you know what, over a long period of So Wells Fargo buys Wachovia, and Now we are going to be told they are time from the Great Depression for- then Wells Fargo announces that, well, the ones to save us with respect to sys- ward, we created stabilizers in this our investment banking and our cap- temic risk in our economy? I do not country so we would not see steep re- ital markets businesses are now going think so. That is No. 1; the Federal Re- cessions or certainly not a depression to operate under a new name, ‘‘Wells serve Board is going to be the entity to in our future. We are evening things Fargo Securities.’’ deal with systemic risk? Boy, there is out, they would say, and that was prob- The question is this: With the biggest no evidence, at least in recent years, to ably true for a while, but this recession banks in the country operating, in suggest that makes much sense. is deep, this hole is steep. The question many cases with holding companies en- No. 2, no discussion yet, and there is, What caused it? What happened. gaged in real estate and securities might be, on this issue of too big to I support the creation of a commis- issues, having demonstrated now that fail. Does it matter that we have al- sion today. I offered legislation in Jan- these holding companies do not have lowed the creation of entities in the fi- uary of this year, called the Taxpayer firewalls that are much thicker or nancial sector that are too big to fail? Protection Act, which called for the much more beneficial than tissue In my judgment it matters because if creation of a commission to inves- paper, are we still going to continue to they are too big to fail, then the Amer- tigate this financial crisis. My col- see all of this? ican taxpayer bails them out. That is leagues, Senator CONRAD and Senator Are we still going to see FDIC-in- what happened last fall. ISAKSON, similarly offered a commis- sured institutions, for which the tax- The Treasury Secretary leaned over sion proposal, a piece of legislation payers are ultimately responsible for the lectern to us one Friday and said: during debate earlier this year. I sup- failure, talking about: We are going to Look, if you do not pass a bailout bill port the notion of going forward. The get involved in more risk trading, more in 3 days, a three-page bill giving me appointments today to this Commis- securities? $700 billion, this economy is going to sion are welcome. I hope the Commis- Wachovia. Well, Wachovia Bank, I fall off a cliff. sion does all that is necessary to un- have spoken of them before. Wachovia Well, I did not believe it. I did not cover what has happened here. Bank was one of those banks buying vote for the bailout. But the fact is, all I still believe we need a Select Com- sewer systems in Germany. Why? Be- of this was because some of the largest mittee in the Senate. The New York cause an American bank wanted to own financial institutions in the country, Times said it in an editorial, nothing a sewer in a German city? No. They he said, were in deep trouble. can substitute for the work the Senate wanted to avoid paying U.S. taxes, so Why were they in trouble? Because must do itself. I say that because we they did sale-lease back transactions they loaded up with substantial risk. now have, in recent days, additional with German sewer systems. Congress, in the last decade, has passed news items in the paper you read. Let That is part of a culture issue with laws that allowed them to do that. me pick one. I don’t mean to pick this companies, it seems to me, when you They said this is modernization. But company out just to be punitive, but it do that sort of thing. But now we have when we create institutions that are is a good example in recent days: Wells Wells Fargo that bought Wachovia, an- too big to fail and then they load up Fargo. nouncing the best part of what they with substantial risk, especially those Wells Fargo is a FDIC-insured bank. bought was Wachovia’s securities busi- that are FDIC-insured with holding It is one of the biggest banks in Amer- ness. The fact is, Wachovia was not companies now, engage in securities, ica: going to make it. That is why Wells and that is exactly what Wells Fargo is Wells Fargo to expand securities business. Fargo purchased them. announcing: We bought Wachovia. Now It plans to grow and invest in securities ac- We ought to be asking a couple of we will take the securities on with tivities that it largely inherited from questions these days about the Admin- Wachovia and decide to juice it up. Wachovia. The business is to be called Wells istration’s announced plans for new fi- Should we continue with the doctrine Fargo Securities. nancial reform, which I welcome by the of too big to fail? I do not believe so. What is Wachovia? Wachovia is a way. This President inherited this Yet in the intervening months, the last bank that was failing because mess, so he is talking about financial 8 months or so, the very institutions Wachovia had all kinds of problems. reform, and I welcome that discussion. that were judged too big to fail and Wachovia was a bank that had pur- One, I think we ought to have a were required to get bailouts from the chased Golden West Financial, which healthy and robust discussion about American taxpayer are still engaged in had about $120 billion, we are told, in whether the Federal entity that shall merging with other institutions, mak- toxic option adjustable rate mortgages. become the systemic risk regulator in ing them bigger and even less able to By the way, related to this, I saw in this country should be the Federal Re- fail. the newspapers the other day that serve Board. So is there someone willing to inter- pick-your-payment mortgage plans Not me. Not me. The Federal Reserve vene to say too big to fail has to have actually now had a higher default Board is what has helped cause this change? Must we perhaps at least have rate than other subprime mortgage problem. I mean, the Federal Reserve a discussion about breaking up some loans. Think of that. You look at that Board acted blindly for over a decade. institutions that are too big to fail? and think, What was the pick-your- In addition, the Federal Reserve Board What about very large strong regional payment plan? That was the plans put by itself is almost totally unaccount- interests that are not too big to fail? I out by these mortgage companies—so- able to anyone and operates in very am just asking the question because phisticated, exotic plans—saying to substantial secrecy. nobody, in talking about financial re- people, you know what, pick your own Why would we decide to have an form that I am aware of these days, is payment. You tell us what you will pay agency that has failed over the last willing to address the question of too and we will write a mortgage around it. decade or so in managing and super- big to fail. And you cannot address this

VerDate Mar 15 2010 14:38 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00024 Fmt 0686 Sfmt 0634 E:\BR09\S15JY9.000 S15JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD July 15, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 13 17781 question of financial reform without the whistle when they saw a foul in the collapse has happened. The recession is including it. market system. We cannot continue here. Unemployment in Georgia today All of us want the same thing for this that. We need effective regulation. We topped 10 percent. We are seeing pre- country. We want this country to re- need effective reform. When we get dictions that it will top 10 percent for cover. We want our economy to expand that, the American people will feel: the entire country within the days and grow and create jobs and be You know what. They fixed that which ahead. It is critically important that healthy again. The fact is—I have caused this serious problem, and we we find out what went wrong, what the talked about this many times. I taught feel better about the future of this contributing factors were, and rec- economics briefly in college. The fact country. ommend back to the Congress those ac- is, all of the charts and graphs and in- We have a lot to do in a short time. tions we need to take to ensure this dices are irrelevant as compared to the Some big issues of health care, energy, never happens again. confidence of the American people. and climate change, and others. I am For my children and grandchildren, if When the American people are con- going to visit about the issue of cli- I have one last legacy, it is to say, fident about the future of this country mate change tomorrow. But we have when it was on my watch, we found out and about their future, about their job, very big issues that have great con- what the problem was, we corrected about their family, then they do things sequences for this country. But at the past errors, and we gave a little more that manifest that confidence. They moment, we stand in a very deep reces- security to their investments and fu- buy some clothes, buy a car, take a sion. ture in the days to come. trip, buy a house. They do the things The American people are concerned I have my opinions as to what went that expand the economy because they about the future and want some assur- wrong, but I know I am not smart are confident about the future. ance that all of us are doing the things enough to have all the answers. There When they are not, they do exactly necessary to put the country back on are others who think they know what the opposite and that contracts the track. has gone wrong. We already have from economy. The question is, how do we One step today is the amendment the White House as well as from the give the American people confidence that was offered by the chairman and Senate some who are making rec- going forward that things are going to the ranking member of this committee. ommendations over creating czars or be better? Month after month, because It is $1.75 billion. That is a lot of authorities or things to address the fi- unemployment has a long tail even money. But step after step after step in nancial collapse. It would be a mistake past recovery, we see hundreds of thou- the right direction can give people con- beyond words for us to do that now in sands of people having lost their jobs. fidence about the future of this coun- the absence of all the facts. This Com- Obviously, those folks do not have a lot try. mission has the authority, the money, of confidence. They feel helpless and I yield the floor and suggest the ab- and the power to get to the bottom of hopeless. sence of a quorum. the problem. We gave them a $5 million How do we give people confidence we The PRESIDING OFFICER. The budget, an 18-month timetable, and are going to fix things that are wrong clerk will call the roll. subpoena powers. As evidenced by so this will not happen again? That is The assistant legislative clerk pro- those who have been named today, we where this issue of financial reform ceeded to call the roll. have some of the best financial minds comes in. Part of that confidence, it Mr. ISAKSON. I ask unanimous con- in the country—not elected officials, seems to me, can come from this insti- sent that the order for the quorum call not members of government, some tution, from the Congress and the be rescinded. former servants, but some of the best President. Part of it can come from the The PRESIDING OFFICER. Without minds in the business to begin the people watching this institution. objection, it is so ordered. process of studying the collapse that Take a look at this amendment, an Mr. ISAKSON. I ask unanimous con- began in 2007, continued through 2008, amendment that says: Let’s not spend sent to speak for 10 minutes in morn- and in a protracted way continues $1.75 billion we do not have on some- ing business. today. thing the Pentagon says they do not The PRESIDING OFFICER. Without It is important that we get all the want. objection, it is so ordered. facts. There is plenty of blame to go Confidence can come from affirma- FINANCIAL MARKETS COMMISSION around. Members of the House, in 1999, tive action on that. Part of that con- Mr. ISAKSON. Mr. President, almost such as myself, who voted overwhelm- fidence could come from 100 or 1,000 of 7 months ago, Senator CONRAD from ingly for the repeal of Glass-Steagall— these examples, a little program called North Dakota and myself began an ad- that very well could be one of the TV Marti, broadcasting television sig- venture attempting to convince this things the Commission finds was where nals to people who cannot see it, and body and the one across the hall to cre- we had too much deregulation in finan- doing it for 5, 10, 15 years and spending ate a Financial Markets Commission cial services. We ought to know that a quarter of a billion dollars. Part of to study and do a forensic audit of and what contribution it may have that confidence could come from the what happened to our financial mar- had. I have grave suspicions over the American people taking a look at our kets in 2007, 2008, and 2009. All of us role Moody’s and Standard & Poor’s, deciding to shut these kinds of things recognize we have been through a cata- the ratings agencies, played. I wonder, down and trimming back government strophic financial collapse with many why should the agency that rates the that has become bloated. So we can do potential components contributing to security be paid by the creator of the some of this to create confidence. the gravity. It is not over yet. security? They ought to be paid by the But another part of it, it seems to I commend Leader REID and Leader person buying the security if they are me, has to come from the administra- MCCONNELL, Leader BOEHNER in the looking for a surety. And why were tion’s judgment about what is real re- House, and Speaker PELOSI and others credit default swaps unregulated? Why form in financial reform. That must in- who had the authority under the legis- did they fall outside the purview of clude, in my judgment, the issue of too lation for announcing their appoint- government? What is it about FASB big to fail. It must include effective ments today to the Commission. I par- rule 114 that is hurting so bad in the regulatory oversight so we do not have ticularly commend the majority on the community banking system today be- the kind of activities going on that we appointment of Ms. Born to the Com- cause of the devastation of mark-to- saw for the last 10 years: financial in- mission. It was her outspoken words market on real estate? And congratula- stitutions engaged in unbelievable prior to the collapse that should have tions on the change by FASB of rule practices with no one minding the warned us better, or we should have 157, which has lessened some of the store and no one watching who were paid more attention to, about the pressure on mortgage-backed securities the referees of the system, wearing overleveraging of the economy and the and the valuation of those, which has striped shirts and whistles and blowing underwriting of risk. Nonetheless, the helped some bigger institutions. But

VerDate Mar 15 2010 14:38 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00025 Fmt 0686 Sfmt 0634 E:\BR09\S15JY9.000 S15JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD 17782 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 13 July 15, 2009 there are lots of things that could have not rush to judgment thinking we bill, the 43rd Brigade Combat Team gone wrong and some that did. We need know the answer, when all of us really will get its updated facilities a few to have all of them on the table, the know this Commission is essential to years early. I am pleased the com- best minds in the business looking at finding out what really did happen and mittee worked with me to preserve the it, and we need to have a bipartisan, what we really do need to do. most important construction dollars at unfettered, comprehensive rec- I suggest the absence of a quorum. Fort Carson. This ensures the soldiers ommendation on what we need to do to The PRESIDING OFFICER. The at Fort Carson will have the quality of ensure that it never, ever happens clerk will call the roll. life they deserve. again. The bill clerk proceeded to call the The bill also includes language I of- I urge the President and our leader- roll. fered in the committee with Senator ship to be cautious in moving ahead Mr. UDALL of Colorado. Mr. Presi- LIEBERMAN that studies the benefits regulatorily without first getting the dent, I ask unanimous consent that the and risks of reducing the planned num- facts together. We are in an environ- order for the quorum call be rescinded. ber of BCTs from 48 to 45. The relation- ment now where everybody does know The ACTING PRESIDENT pro tem- ship between the number of brigades what the rules are as they exist. In the pore. Without objection, it is so or- and dwell time and demands on specific few months ahead, long before this dered. military occupational specialties, so- Commission reports, a lot of decisions Mr. UDALL of Colorado. Thank you, called MOSs, is complicated. I want to will be made that will be dependent Mr. President. make sure the reduction of BCTs re- and predicated upon the environment Mr. President, I rise today as a mem- sults in the upsides we expect and does the investment community thinks they ber of the Armed Services Committee not present unforeseen problems or are operating in or at least knows they in the Senate to support this bipar- downsides. are operating in today. tisan bill in front of us that is criti- Staying on the topic of what is im- We have some bumps ahead. Com- cally important to our national secu- portant in the bill to Colorado, there is mercial mortgage-backed securities are rity. $246 million in funding to keep the the next shoe to drop in this economic I applaud Chairman LEVIN and Rank- cleanup of the Pueblo Chemical Depot compromise we have been through, al- ing Member MCCAIN for their leader- on track. This will allow the destruc- though those mortgage-backed securi- ship in guiding this bill to the floor tion of weapons there and the cleanup ties are not in trouble as much because today. They have done a tremendous at the depot to be completed by the of their underwriting as they are from job. I also want to acknowledge the ex- congressionally mandated date of 2017. the effects of the poor underwriting of pert staff they have been ably sup- Significantly, the bill funds the dis- the residential mortgage-backed secu- ported by who serve on the committee posal, onsite, of these hazardous wastes rities that caused a collapse of those the Acting President pro tempore and I left after the chemical treatment of markets and those securities. That are both so honored to be a part of. the mustard agent. I worked with the comes ahead of us. I am particularly grateful to them people of Pueblo to fight a proposal to We have another wave of adjustments for including provisions important for ship this waste offsite, so I am glad the in terms of residential mortgages. That Colorado, including $560 million in au- bill underscores the DOD’s commit- is not over. We have the pending prob- thorized military construction. ment to onsite disposal. It is the safest lem of the number of mortgages in I would like to highlight in par- thing to do and makes the most sense. foreclosure, more performing, good ticular the military construction dol- Finally, in regards to Colorado, the loans at one time than subprime-origi- lars for Fort Carson, which is in the committee approved an amendment I nated loans at their beginning, mean- wonderful city of Colorado Springs and offered regarding reimbursement for ing the unemployment rate and the the County of El Paso. Millions of dol- health care providers, such as Pikes protracted decline of the economy is lars have been allocated to Fort Carson Peak Behavioral Health Group in Colo- contributing to people who were paying for military construction projects to rado Springs. This center, and many and are falling behind on payments on prepare to expand the post so it could centers like it, want to help our sol- their houses. Now, because values have house a 47th Brigade Combat Team, diers and their families, but declined, they recognize they are bet- and millions more are in the pipeline TRICARE—which is the civilian health ter off to leave than to try to sell the for fiscal year 2010. care system for military personnel and house because they can’t get anything But the future of that funding was their dependents—cannot keep up with out of it. We must put an end to this put in doubt when Defense Secretary the high costs of medical care, and decline. We can best do it by having all Gates announced earlier this year that sometimes providers are not reim- the facts necessary at our disposal to the Army would not create a new bri- bursed at all for their necessary serv- know what went wrong when, who did gade combat team at Fort Carson. ices. wrong where, and what we need to do I remain disappointed that brigade In particular, TRICARE providers are as quickly as possible to prohibit this will not be coming to Fort Carson, at not reimbursed for providing case man- from ever happening again. least in the near future. But I under- agement services for soldiers with I spent 33 years of my life in the pri- stand Secretary Gates’s concern that PTSD and traumatic brain injury, vate sector in the real estate business. we need to fill out the brigades we known as TBI. If we help these soldiers I know lots of people in that business, have, expand the amount of dwell time stay in treatment, if we make sure and I know how much the families they service members have between deploy- they get their medical appointments, represent, the customers they have ments, and meet readiness require- and if we generally coordinate their had, and the families themselves have ments before we create new brigades. care, we end up reducing costs, and we suffered in the months past and the Still, I wanted to ensure that Fort help those soldiers and their families pending suffering yet to come. Carson and the Colorado Springs com- who are facing these challenges with This is the most important thing this munity are not punished because of the mental health function in their com- Senate and Congress can do, to do a fo- Army’s decision. Many of the soldiers munities. rensic audit and diagnosis. Let the at Fort Carson live and work in sub- So this amendment directs the De- chips fall where they may and then standard buildings. They still need new fense Secretary to assess the efficacy make the corrections necessary so it barracks, mess halls, vehicle mainte- and cost of case management services never happens again. nance shops, and other infrastructure— for those with serious mental health I am happy to commend our leader- even if that new brigade combat team problems. My hope is the study will ship for their expeditious appointment will not be located there. show the benefits of case management of highly qualified and talented people. A number of faculties were scheduled and then help further the DOD consider I hope all in this body will pay close at- to be replaced in future years anyway, covering this important service under tention to what they say and do and so with the dollars we have kept in the TRICARE.

VerDate Mar 15 2010 14:38 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00026 Fmt 0686 Sfmt 0634 E:\BR09\S15JY9.000 S15JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD July 15, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 13 17783 If I might, let me turn to the broader Carson soldiers who have been involved sary, and outdated weapons systems. It legislation because it includes many in violent crimes since returning from took courage for Secretary Gates to provisions that do not directly relate Iraq and Afghanistan. The Army Sur- make the recommendations he did, to Colorado. geon General, Lieutenant General since it is never easy to stop spending The bill supports our service mem- Schoomaker, put together a team of programs in our Defense budget. But bers, and it keeps Americans safe. It experts to identify any commonalities we need to stop funding programs that authorizes $679 billion for defense pro- among the violent crimes. significantly exceed their budget and grams, with $129 billion going to our I had a chance to sit down with Gen- we need to stop spending limited dol- ongoing operations in Afghanistan and eral Schoomaker yesterday. He and his lars to buy more capability than the Pakistan. team have concluded that although Nation needs. First and foremost, the bill focuses risk factors alone do not explain a There are also provisions in this bill on our military’s readiness needs. We ‘‘clustering’’ of crime in the 4th Bri- that shouldn’t be included, such as ad- need to do all we can to help make sure gade Combat Team of the 4th Infantry ditional spending on the F–22. I voted our men and women in uniform—who Division—the 4 of the 4—a combination in committee against an amendment to voluntarily put their lives on the line of factors converged to increase the add $1.75 billion to the bill to purchase for us, and who have been stretched to risk that these soldiers would be en- F–22 aircraft that the military does not the limit by repeated deployments— gaged in violent crime. want, does not need, and says we can- have the training, the equipment, and One concern General Schoomaker ex- not afford. The F–22 is a valuable, capa- the facilities necessary. pressed was that the stigma and lack of ble aircraft, but the question is wheth- To help our men and women in uni- referral to the Army Substance Refer- er we need more than 187 F–22s to meet form support themselves and their fam- ral Program for required substance the Nation’s requirements, and there is ilies, the bill provides a 3.4-percent, abuse screening may have increased bipartisan agreement that we do not. across-the-board pay raise, as well as the overall risk of violent behavior. Presidents Obama and Bush, two Secre- an extension of stop-loss pay for 2 more The general talked about the need to taries of Defense, three Chairmen of years. That is an important number. reduce barriers to treatment for alco- the Joint Chiefs, and current members Importantly, this bill gives Afghani- hol and drug abuse, which is an Army- of the Joint Chiefs agreed that 187 air- stan the attention it deserves. I had wide concern. He mentioned pilot craft are sufficient. the great privilege of traveling to that projects ongoing at a number of posts So let me conclude by saying that part of the world recently, and I think where soldiers who ‘‘self-identify’’ a this is a good bill. It is a bill that bal- there is a window of opportunity to try substance abuse problem can get treat- ances the need to sustain our current to arrest deteriorating security condi- ment without the knowledge of their war-fighting abilities with the need to tions in both countries and to work commanders, helping them seek treat- prepare for the next threat to our na- with the civilian governments in Af- ghanistan and Pakistan to achieve sta- ment without fear of appearing weak in tional security. It is critical that we bility and security in this all-impor- the eyes of their superiors. I will be are able to meet the operational needs tant region. urging the Army to establish a similar of our military today, even as we con- This is not about ‘‘staying the pilot program at Fort Carson. tinue to prepare our men and women in course.’’ This is about finally commit- Mr. President, let me turn to the bill uniform to be the best trained and ting resources and attention to an area and what is notable for what it does equipped force in the world. that is a critical front in the war not include. There are policies that are This is a good bill for our Nation and against Islamic extremism and cor- difficult to change because they are an- for my home State of Colorado; it is a recting the mistakes and missteps of tiquated and no longer reflect the re- carefully drafted and considered bipar- recent years. ality of our society. The failed policy, tisan bill, and I urge its passage. That is what the bill would do. It ‘‘don’t ask, don’t tell,’’ is a good exam- I yield the floor. would refocus our attention on this im- ple. But the fact that it will be difficult The ACTING PRESIDENT pro tem- portant region. It would protect our to repeal does not mean we should not pore. The Senator from Michigan is troops in harm’s way by providing try. recognized. funds for MRAP all-terrain vehicles to Since the implementation of this Mr. LEVIN. Mr. President, I thank be deployed in Afghanistan and addi- program in 1993, the Armed Forces the Senator from Colorado, not just for tional Blackhawk helicopters to give have discharged over 12,000 brave and his statement and for his support for mobility to our troops. qualified combat troops—code-break- this bill but for his work on this com- Our bill also supports the training ers, medical and intelligence special- mittee. He has made a major contribu- and equipping of the Afghan Security ists, and skilled translators—simply tion already. We look forward to his Forces, as well as efforts to help the for being gay. This includes over 300 continuing work with us. As he knows Pakistani Government understand and service personnel who have been dis- and has so well expressed, this is a bi- implement a counterinsurgency strat- charged since President Obama took partisan effort on the part of the com- egy on the part of their military forces. office. mittee. It is important that we con- Moreover, our bill cares for our Mr. President, this is 2009. I believe tinue that way, and his instincts have wounded warriors. It expands this discriminatory policy undermines shown already very dramatically that TRICARE benefits for certain military the strength of our military and the those are his views as well. retirees. It requires mental health as- fairness of our great Nation. We are en- So I thank him very much, not just, sessments of service members prior to gaged in two wars. It is counter- again, for the support of an amendment deployment, and it calls for an increase productive to discharge service mem- that we plan on getting back to as soon in the number of military and civilian bers who have critical skills to winning as we dispose of the hate crimes bill behavioral health personnel. these wars, even as the military has to but also, and even more importantly, We also include a comprehensive re- spend scarce dollars to replace them. In for his great work on our committee. view of the activities of the Depart- my opinion, we need to bring the injus- I yield the floor. ment of Defense for the prevention, di- tice of this policy to the forefront now, The ACTING PRESIDENT pro tem- agnosis, and treatment of substance and I plan to work with my colleagues pore. The Senator from Oklahoma is abuse disorders among service mem- and with the administration to see recognized. bers. This is particularly important in that we accomplish, in a timely man- TRIBUTE TO NORM COLEMAN light, today, of a report that has been ner, the full repeal of ‘‘Don’t Ask, Mr. INHOFE. Mr. President, I wish to released—the EPICON study—that di- Don’t Tell.’’ pause for a moment. I know we are on rectly focuses on Fort Carson. There are things this bill doesn’t in- the bill, and I am most anxious to pro- This is a study that was initiated last clude that it shouldn’t include, such as ceed with the Defense authorization year to examine the records of Fort spending on underperforming, unneces- bill, having served on the committee

VerDate Mar 15 2010 14:38 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00027 Fmt 0686 Sfmt 0634 E:\BR09\S15JY9.000 S15JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD 17784 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 13 July 15, 2009 since 1994 and before then in the House. Senate. On Wednesday mornings, we around since the 1970s. I think about It is imperative now that we get as ro- had a Prayer Breakfast and about 20, 25 the Paladin, even though we have had bust a bill as possible. Senators showed up every Wednesday about five major upgrades on the Pal- Before doing that, let me mention and Norm Coleman was the chairman adin, that is our artillery beast, and one thing because I haven’t yet spoken of that and was always in these groups. that was actually World War II tech- about this. I have been watching sev- But he was also one who was helping us nology where you had to get out of the eral of our colleagues who have come in forming these same groups with thing after every shot and swab the to the floor to speak about a great Sen- members of Parliament from all over breach. You hear that and people can’t ator, Norm Coleman, who is no longer Africa. He was a tireless worker in that believe it. Well, fortunately, we are seated in the Senate but who is a re- effort, which was not something out going to go through an improvement markable character. there to get any votes. on that. But the point I am trying to A good friend of mine, Paul Weyrich, I talked to him the other day, having make is most of the stuff we have is who recently died, wrote an op-ed gone through this election and then Cold War stuff and to find that F–22 piece, and it is called ‘‘The Workhorses the 8 months or so, whatever it was, in isn’t needed because it wasn’t flown in and the Show Horses.’’ He talked about recounting and all of that. I told him Iraq and Afghanistan, I think, is pretty so many of the Members of the House that many years ago I was mayor of narrow-minded. We have a lot of people and the Senate who are out there just Tulsa, and I did a pretty good job, I we have to defend America against for to make themselves look good. They thought. I was supposed to win hands contingencies that we don’t know are are the ones who are show horses. Then down. Someone came out of obscurity out there and we don’t know what our there are the workhorses. We talk and because of a set of circumstances needs are going to be. The need cer- about someone such as Norm Coleman, that should have gotten votes, not lost tainly wasn’t there in terms of Afghan- who was always there and getting deep- votes, I had lost unexpectedly on that istan and Iraq, but we don’t know ly involved in issues, many of which Tuesday. where the next enemy is going to be are not popular issues if you are using Well, we had scheduled our Tulsa coming from or what the next contin- them to run for reelection. I am think- Mayor’s Prayer Breakfast the next gency is. I wish we did. I can remember ing of a close friend, a mutual friend of morning. Bill Bright, who died not too being on the House Armed Services ours named Ward Brehm. Ward Brehm long ago, came by as the speaker. Keep Committee my last year there in 1984. and I have been working together for a in mind, here he was the speaker at the We had people testify. They said—these long time on some things in Africa, as Mayor’s Prayer Breakfast the morning are smart people. They said: You know, the Chair is aware, and he was talking after I lost the election. He gave the in 10 years, we will no longer need about being from Minnesota and how most brilliant speech. I remember how ground capability. And look what has much involved Norm Coleman got in he said it and the words he used. He happened since that time. various international affairs issues said: A lot of times we think in terms So no matter how smart our people that don’t have any votes behind them, of what is happening to us today, look- are, there is no way we are going to be but he was willing to do it. Every time ing at our own careers, but, he said, able to determine where the next guy you turned around, he was willing to do God is still up there and there is a plan is going to come from and what our ca- things that other people weren’t will- for all of us. He said in a very clear pability is going to have to be. Is it ing to do. way that I thoroughly understood, the going to be in the air, sea, strike vehi- I remember several years ago when day after I lost the election I wasn’t cles, lift capacity, cannons? So we need he and I met with a delegation from supposed to lose, that God opens a win- to keep that in mind because the only Burundi and Rwanda and the DRC. dow and he closes a door and that win- thing we have in the form of a fifth- This was a group that was over here in dow is going to be bigger. I can tell you generation fighter is the F–22, and it is conjunction with the National Prayer right now I wouldn’t be doing what I uniquely designed and equipped to pen- Breakfast. He and I always worked to- am doing today if it had not been for etrate a hostile environment and be a gether during the time that we had the that. savage air dominance for our ground National Prayer Breakfast. We would So I would just say about my friend, forces. The F–22, I look at it as an in- get these people to come all the way Norm Coleman, God has a plan in mind vestment in the future, not just 10 over here from different countries, but for you, Norm, and it is one we will years down the road but 20 years and we kind of concentrated on Africa. I re- look back someday and say perhaps beyond. What we build today is going member him standing there talking this is the best thing that could have to have to be able to determine and about, for a long period of time—keep happened to you. In the meantime, we deter and defeat adversaries for dec- in mind he is a Jew. I was never real love you, Norm, and God bless you. ades. Just look at the age of our entire clear where in New York he was from— AMENDMENT NO. 1511 military today. We talked about all I think the Bronx or someplace. But I wish to also speak in terms of a pro- these vehicles, but we have such things anyway, he was very strong in the Jew- gram that I think a lot of people don’t as the national security in long term, ish community, and I am not. I am on understand, and on which I know there 40 years. We can’t even see what we are the Christian side. But we would al- is honest disagreement. going to need 10 years from now. ways get together and talk to them The F–22, people have said, is some- Now we talk about the F–35. Well, about Jesus and talk to them about thing like a Cold War aircraft. It is the F–35 is great. I am a strong sup- loving God. And then when he would not. To quote Secretary Donnelly and porter of the F–35 and working on it pray—at the end of these things, we General Schwartz both, because they and getting it up as fast as possible. Its would offer a prayer, and he would end both said the same thing, they said the mission requirements are not the same up giving a prayer in Hebrew—an F–22 is unquestionably the most capa- as the F–22. The F–22 is out flying amazing guy. ble fighter in our military inventory, today, and we have that capability At the National Prayer Breakfast Af- not just air to air, as some on this floor today. Only five F–35s are flying, and it rican dinner 2 years ago—I had spon- have insinuated, but also precision at- is still in the testing period. It is im- sored the dinner that was for all the tack air to ground, as well as intel- possible to assess the full capabilities Africans who had come over for the ligence collection. In contrast, almost of the F–35 until operational tests are Prayer Breakfast and stayed for the every other piece of military equip- completed in, I think, 2014. Well, that African dinner—he was a major player ment in our inventory today—air, land, is 2014. This is 2009. There is a lot of in that. So these are things people and sea—is Cold War equipment that time between now and 2014. didn’t know about Norm Coleman. needs to be replaced. While we discuss cutting the only The idea is scripturally based; it is I think about the Bradley vehicle. It fifth-generation fighter in production Acts 2:42. It is kind of a genesis of has been around since the 1960s. I think today, China and Russia are continuing these weekly Prayer Breakfasts in the about the Abrams tank. It has been to move forward with the development

VerDate Mar 15 2010 14:38 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00028 Fmt 0686 Sfmt 0634 E:\BR09\S15JY9.000 S15JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD July 15, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 13 17785 of their fifth-generation fighters. I ment analysis, done in concert with the when we explain that is the situation. think they call the Chinese one the J– Headquarters Air Forces, shows a moderate The F–15, F–16, and the F–14 have done 12 and the Russian is the T–50. They risk force can be obtained with an F–22 fleet a great job, but they need to move on are out there right now talking about of approximately 250 aircraft. to the fourth and fifth generation, and building these things. Today our Leg- So we are talking about a bare min- the only way to do that is with the F– acy, our F–15s, F–16s, F–18s are less ca- imum number, and whether it is 243 or 22, which has been a success story. 250, that should be a bare minimum pable than other fourth-generation GUANTANAMO BAY number. fighters, such as the SU–27 and the SU– I have another interest I want to While the F–22 hasn’t deployed to 30 series aircraft. share today, and that has to do with I might remind the President that we Iraq or Afghanistan, a theater security package of six F–22s are on a contin- Gitmo. People are probably tired of have—we already know other countries uous rotation to Guam in the Pacific hearing me talk about Gitmo, but I are buying these capable fourth-plus Theater of Operations and have been think we are about to make a mistake. generation aircraft that are better forward deployed in Japan. The administration is making the de- than what we have now, except for the Why? Because it is the only fighter mand that we close Gitmo. I have stood F–22. We know of one sale, and I re- capable of stealthy penetration of on the floor of the Senate many times member this—it has been quite awhile North Korea’s air defenses. and talked about my experiences ago now—for F–27s from China, 240 of Finally, there continues to be allega- there—the fact that anybody who these. Now they are talking about cut- tions about the costs and operations of wants to close Gitmo, if you ask why, ting our number of F–22s—and I will the F–22—to include an article last they will say that for some reason peo- talk about the numbers in a minute— week in the Washington Post. The bot- ple associate that with the types of down to the 187 and stopping the tom line is, these allegations are false torture that allegedly went on at Abu amendment that would increase that or intentionally misleading. The F–22 Ghraib and all of that. by seven vehicles. I don’t want to see cost per flying hour is $19,750, not more This has nothing to do with that. our Legacy fighters outmatched by than $44,000, as they were trying to say. There has not been a documented case fifth-generation fighters developed by The F–22 maintenance trends have im- of waterboarding at Gitmo. It is a China and Russia. I have always said proved from 62 percent to 68 percent. state-of-the-art prison. our pilots are better, our training is The F–22 skin is not vulnerable to rain. When President Obama talked about better, but they have to have at least Finally, the fly-away cost for F–22s the 17 locations in America where we comparable equipment to survive. multiyear this Congress approved is can take terrorists and relocate them So our air-to-air threat is only one $142.6 million, not $350 million. from Gitmo to America, one happened aspect of the threat our Air Force faces One final point on all of these sup- to be Fort Sill in my State of Okla- today. Our surface-to-air threat re- posed studies about the F–22: We have homa. I went down to Fort Sill, and mains to be a real serious problem. You been through this before with the ap- there was a lady in charge. She is a just think about what the Russians are proval of the multiyear and are going young major in charge of the prison making now, the S–300s and the Chi- through it again. I have been briefed on where they would put these terrorists. nese 4000s. They are capable of track- both classified and unclassified studies, She said, ‘‘I don’t understand what ing up to 100 targets and getting as and while the range of numbers varied, people are thinking.’’ This young lady, high as 90,000 feet in the air. each study concluded that 183 F–22s is named SMA Carter, said she had two Now, that is priceless. These systems not enough. So we need to continue to tours at Gitmo, and it is designed for that make penetrating hostile airspace build the F–22s and look at exporting terrorists. They have a court system difficult and deadly for a legacy air- this aircraft to our allies. Fortunately, where they can do tribunals. craft, including unmanned vehicles, some of that is taking place today. We have six classifications of secu- such as our Predator, which has per- Japan, Australia, and Israel have ex- rity in Gitmo. It is one of the few good formed brilliantly, are uncontested pressed considerable interest in the deals the government has. We have had facts. Only the F–22, with its advance purchase of F–22s. it since 1903. I have told the Presiding stealth technology and weaponry and Nations around the world realize the Officer this before. We only pay $4,000 a supersonic speeds, can successfully F–22A Raptor is the only operational year for it. Do you have a better deal penetrate what we call denied airspace, fighter-bomber available that can suc- than that in government? There isn’t hunt and destroy strategic ground tar- cessfully defeat and destroy air and one. gets during the day or night, and col- ground threats of today and tomorrow. I have to say the terrorists are still lect and provide battle intelligence and So what we are talking about is—in at war with the United States, and we awareness, and maintain our superi- the markup, we increased the number are legally entitled to capture and hold ority in the air. by seven aircraft. The chief mover of enemies and fighters in the hostilities. The Air Force officials have repeat- this, I have to say, was Senator SAXBY We detain terrorists and supporters to edly stated no less than 243 F–22s would CHAMBLISS. As I told him, this is not prevent them from returning to the be sufficient to maintain a moderate enough. He agreed, but it was the most battlefield, saving the lives of our serv- level of risk. We are talking about the we thought we could do. ice men and women and the lives of ci- deaths of Americans. If that is the I believe when the time comes for an vilians who are innocent victims. I goal, that is what we should have. In amendment to cut that number down, have spent a lot of time there. I am fa- the beginning, it was 750 F–22s. We we need to give serious consideration miliar with some of the terrorists there have slowly gone down. That is what to that amendment and not allow it to who are really bad people. They want this amendment is about today. pass. to kill everybody who is listening right GEN John Corley, Commander of the There is an expectation of the Amer- now. That is their mission in life. Air Force Combat Command, said: ican people—and I have gone through We have had about 800 suspected al- At Air Combat Command, we have held the this before with other airframes and Qaida and Taliban terrorists who have need for 381 F–22s to deliver a tailored pack- other ground platforms—the American been sent to Gitmo since 9/11—people age of air superiority to our Combatant people think we give our kids who go who are really bad. I looked through Commanders and provide a potent, globally into battle the very best of everything. there, and we saw Khalid Sheikh Mo- arrayed asymmetric deterrent against poten- I can tell you that is not true. I gave hammed. He was the architect of 9/11. tial adversaries. In my opinion, a fleet of 187 an example. There are five countries, There was also the guy who was the ex- F–22s puts the execution of our current na- plosives trainer for 9/11, who provided tional military strategy at high risk in the including South Africa, that make a near to mid term. To my knowledge, there better non-line-of-sight cannon than information on the September 2001 as- are no studies that demonstrate that 187 F– we have today. sassination of the Northern Alliance 22s are adequate to support our national To me, that is unacceptable. It is un- leader, Masood, and on the al-Qaida or- military strategy. Air Combat Command- acceptable to the American people ganization’s use of mines. There was

VerDate Mar 15 2010 14:38 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00029 Fmt 0686 Sfmt 0634 E:\BR09\S15JY9.001 S15JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD 17786 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 13 July 15, 2009 also the terrorist financier who pro- tribunals. So we could have some who the Gitmo detainees will recruit more vided detailed information on Osama would be turned free, and many of terrorists from among the Federal in- bin Laden’s front companies. There was them in the United States. mate population and continue al-Qaida the Taliban fighter linked to al-Qaida Recent polls show that a majority of operations inside the walls of prison. operatives connected to the 1998 East Americans oppose closing Gitmo and That cannot happen in Gitmo because Africa Embassy bombings. Remember moving detainees to the United States. they are all terrorists there. That is that, in Tanzania and Kenya? Down By a margin of 2 to 1—which is huge in how the New York synagogue bombers there we also had an al-Qaida explo- polls—those surveyed said Guantanamo were recruited, in our own prison sys- sives trainer who designed a prototype should not be closed, and by more than tem. shoe bomb for destroying airplanes, as 3 to 1 they oppose moving some of the In 2002, an entire wing of a jail in Al- well as a magnet mine for attacking accused terrorists housed there to pris- exandria, VA, was cleared out for the 9/ ships. ons in the United States. 11 ‘‘20th hijacker,’’ Zacarias These people are unlike the types of Again, one of the prisons the Obama Moussaoui, to be housed for his trial— prisoners we have had in other wars. If administration talked about of the 17 just for one detainee. Bringing Gitmo we look back during any of our wars, prisons happened to be in Oklahoma. It detainees to the United States could we had soldiers fighting for their coun- should be obvious to everybody if we also place America and its citizens at tries. These people are not soldiers have 17 locations where we are housing risk by inevitably creating a new set of fighting for a country. They are fight- terrorists, that becomes a magnet for targets for the jihadist terrorists. ing for a cause, and that cause is to de- terrorism—17 magnets in the United Gitmo, on the other hand, is a state-of- stroy us. States. the-art prison. I cannot find anyone To date over 540 prisoners have been A recent Fox News poll said Presi- who has gone over there, including un- transferred or released, leaving ap- dent Obama made a mistake when he friendly media, media that was bent on proximately 230 at Gitmo. They include signed the order to close Gitmo. Sev- closing Gitmo—once they go over there members of al-Qaida and related ter- enty-seven percent of all Americans and see it, almost all of them change rorist organizations, planners of major say that was a mistake, that Gitmo their mind. It is a state-of-the-art fa- terrorist attacks worldwide, including should not be closed, 60 percent of all cility that provides humane treatment 9/11. These are the types of people Americans, up from 53 percent in April for all detainees. It is fully compliant and 45 percent in January. You can see there. with the Geneva Conventions and pro- The intelligence gained from detain- the trendlines. The vast majority— vides treatment and oversight that ex- ees at Gitmo helped the United States nearly two-thirds—is saying he should ceed any maximum security prison in and its allies identify, exploit, and dis- not close Gitmo and Gitmo prisoners the world, as attested to by human rupt terrorist operations worldwide, should not be transferred into prisons rights organizations, the Red Cross, saving untold lives. There have been a in the United States. Sixty percent of Attorney General Holder, and an inde- number of terrorist attacks. For a long all Americans say that is true. Sixty pendent commission led by Admiral time, they were classified, but most are percent in polling is a huge number, a Walsh. This is state of the art, and this no longer classified. vast majority. In 2007, the Senate voted 94 to 3 on a I encourage Senators who will be vot- is not a place where torture takes nonbinding resolution to block detain- ing on this significant amendment to place. It is the only facility of its kind ees from being transferred to the keep that in mind. Since President in the world that was specifically de- United States, declaring: Obama announced he intended to close signed to house and try these types of Detainees housed at Guantanamo should Gitmo, it has become widely circulated dangerous detainees. not be released into American society, nor that these detainees could be trans- If President Obama ever decides to should they be transferred State-side into fa- ferred to American prisons for prosecu- visit Gitmo, I am sure he would equally cilities in American communities and neigh- tion in U.S. criminal courts and poten- be impressed as everyone else, includ- borhoods. tially released in the United States. ing, I might say, Attorney General On May 20, 2009, the Senate voted 90 Moving detainees to prisons here would Holder. He came back and gave a glow- to 6 on a bipartisan amendment by my- require significant investment in re- ing report and said how great this was self and Senator INOUYE to prohibit structuring existing facilities and and, at the same time, said the Presi- funding for the transfer of Gitmo de- would cost taxpayers millions of dol- dent still wants to close it. tainees to the United States. Unfortu- lars. When you look at the Gitmo situa- nately, the supplemental appropria- Currently, the United States only tion, there are, on average, two law- tions conference report deleted that has one Supermax facility located in yers for every detainee. There are 127 provision, allowing detainees to be Florence, CO. According to the Bureau doctors and nurses. The ratio is 1 to 2 transferred to the United States for of Prisons, as of May 21, ‘‘only 1 bed in terms of health care specialists to trial. was not filled at Supermax.’’ So if we take care of these prisoners. Here we If we put them into our Federal sys- want to give maximum security to are talking about health care in this tem—I can speak this way because I these people, such as Khalid Sheikh country. Maybe they want to go to am not an attorney, so I can stand Mohammed, we better decide who is Gitmo. They would be a lot better off. back and cite the obvious. If we do going to be in that one bed because we Current treatment and oversight ex- that, then the rules of evidence are dif- don’t have the capacity. The capacity ceeds that of any maximum security ferent. of all the high security Bureau of Pris- prison in the world. There are a lot of these guys who are on facilities at the beginning of this There is also a $12 million expedi- picked up, and even now they talk month was 13,448 inmates, while the tionary legal complex. This is very sig- about Miranda rights. That blows my total prison population was approxi- nificant because if we are going to do mind when I think about it—when this mately 20,000. tribunals, we cannot do tribunals in goes on now and we have the oppor- So what we are talking about is they our court system in the United States tunity to get these people and extract are overcrowded, and that is flat not because it is not set up for that. Obvi- information from them. Thinking going to happen. Despite claims by ously, there are some things in testi- about the idea of trying them in the Senator DURBIN that the Supermax mony that takes place that have to be Federal court system where, if they prisons in the United States are ready private. You cannot have these things cannot get a conviction—and many to receive Gitmo detainees, the go out because that would endanger times they could not for one reason, Supermax prisons in the United States American lives. We spent $12 million on which is that the rules of evidence are are at or above their maximum capac- this complex. It is a courtroom at different. ity. Gitmo to try detainees, and specifi- When they were captured, they went FBI Director Robert Mueller said cally that is what it is there for. It is by the rules of evidence for military there is the very real possibility that the only one of its kind in the world,

VerDate Mar 15 2010 14:38 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00030 Fmt 0686 Sfmt 0634 E:\BR09\S15JY9.001 S15JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD July 15, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 13 17787 and it provides a secure location to try right afforded to detainees—somewhere cluding 12 Americans. Ghailani was detainees charged by the Federal Gov- in the U.S. versus Gitmo? later captured in Pakistan in 2004 while ernment. They have full access to sen- How do we handle protection of clas- working for al-Qaida, preparing false sitive and classified information, full sified information during trials? documents. Intelligence shows he met access to defense lawyers, and protec- What are the long-term implications both bin Laden and Khalid Shaikh Mo- tion by the full media, access by the on future conflicts of trying these de- hammed in Afghanistan and remained press. But it is set up to take care of tainees in a civil court versus military a close associate with al-Qaida until that specific type of an incarcerated commissions? his capture in 2004. individual. Why is the administration reading This bonafide terrorist will have the Senator HARRY REID declared, in a Miranda rights to some detainees cap- privilege of a U.S. civilian court trial press conference after my bipartisan tured or held in Iraq and Afghanistan? in the United States—I think it is New amendment was adopted, that ‘‘We will How many are being read Miranda York. To me, it is inconceivable that never allow terrorists to be released rights? How many have invoked their could happen. The press reported that into the United States.’’ I applaud Sen- rights? Ghailani was smiling when the charges ator REID for that statement and hope What is the impact of requiring the were read to him in New York. he will stay with that because that is reading of Miranda rights to terrorists Despite the Obama administration’s something the American people are not captured on the battlefield and advis- intentions, they will find themselves in willing to tolerate. ing them they have the ‘‘right to re- a position where they cannot even try He went on to say he opposes impris- main silent’’? or safely transfer or release Gitmo de- oning detainees on U.S. soil, saying: What if a detainee is found not tainees. As of May 2009, 74 transferred/ We don’t want them around the United guilty—where will he be released? released detainees have returned to the What does the administration plan to States . . . I can’t make it any more clear fight—74. These are the ones we cap- than the statement I have given to you. We do when a Federal judge orders the re- tured again. We know they returned to will never allow terrorists to be released in lease of a detainee but the administra- the fight. How many more are there the United States. tion knows is too dangerous to release out there? If you release these people, Senator DURBIN said: of transfer? they go right back to their practice of What do you do with a detainee you The feeling was at this point we were de- killing Americans. Former Guanta- fending the unknown. We were being asked cannot try or release due to national namo Bay inmate Mullah Zakir, also to defend a plan that hasn’t been announced. security concerns? known as Abdullah Ghulam Rasoul, is I think Senator DURBIN was correct Despite not having a plan, the admin- leading the fight against the U.S. Ma- then and is correct now. istration continues in its quest to rines in the Helmand Province in Af- There are lots of questions, very few empty Gitmo regardless of the cost or ghanistan. He surrendered in north Af- answers. What is the impact? Let’s say the risk. ghanistan in 2001, was transferred to we close Gitmo. What is the impact of The Obama administration initially Gitmo in 2006, and then released. He is placing detainees in the U.S. prison talked with the small South Pacific is- out there killing marines today. That system—pretrial and posttrial? Has an land of Palau, population 20,000, to ac- is what is happening currently. There assessment been done to determine the cept transfer of a group of 17 Chinese is no alternative to Gitmo. risk of escape, as well as potentially Muslims currently at Gitmo, called creating targets in the United States Uighurs, at the cost of some $200 mil- I go through all this not to be dis- for terrorist attacks? Will Gitmo de- lion. That is $11.7 million per indi- agreeable with anyone except to say tainees be segregated from the regular vidual. This is not a cheap thing he is there is an answer, and there is only prison population? Keep in mind, these talking about doing. The total cost to one answer. guys are trained to recruit. That would build Gitmo was only $275 million. As I Today, we are considering the De- be a garden spot for them to get into said, it has been on lease since 1903 for fense authorization bill. I have an the American prison system to recruit $4,000 a year. The Wall Street Journal amendment to that bill. I now have, in people to become terrorists. What fa- just yesterday had a government offi- a matter of 3 hours, 22 cosponsors. This cilities exist in the United States cial who said that well over 50 detain- is amendment No. 1559 to the Defense today that can hold these detainees? ees have been approved for transfer to authorization bill, S. 1390. This does We talked about that. They tried to lo- other countries and that negotiations something very simple. I like simple cate 17 facilities, and it will not work. are continuing with Saudi Arabia to bills because they cannot be misunder- By the way, the State legislatures in take a large group of Yemeni detain- stood. They are not like the health in- each one of those States that have one ees. Attorney General Eric Holder has surance bill with over 1,000 pages no of these facilities have passed resolu- estimated that more than 50 detainees one has read. They are not like the tions or some type of a document say- may end up on trial by U.S. authori- cap-and-trade bill that passed the ing: We don’t want them in our States. ties. This news comes as more and House with no one reading it, over 1,000 That is what they are saying from the more Americans are growing opposed pages. This is just two pages. That is States, and we need to listen to them. to the closure of Gitmo, placing them all. It is easy to read. Let me tell you One might ask, where will the military unnecessarily at risk in order to sat- what it says. I am wrong, it is one commissions be held—at Guantanamo isfy political goals. page. It says an amendment offered by or the United States? Obviously, if you I think we need to stop, sit back, Senator INHOFE: close Guantanamo, you lose that facil- take a deep breath, and look at some of Sec. 1059. Prohibition on transfer of Guan- ity. Assuming military commissions the things that are going on today. The tanamo Detainees. are held in Guantanamo, where will de- idea that we would have Miranda No department or agency of the United tainees who are convicted serve out rights for terrorists, people who have States may their sentence, if not there, because killed Americans, is pretty outrageous. (1) transfer any detainee of the United there is no other place that has the ca- Finally, on June 9, the Obama admin- States housed at Naval Station, Guanta- pability of doing that. There are all istration again went against the will of namo Bay, Cuba, to any facility in the United States or its territories. these questions. the Congress and the American people What additional constitutional rights by transferring the first Gitmo de- That is No. 1. will a detainee gain if they are tried in tainee to the United States for his trial No. 2 is, we cannot ‘‘construct, im- the United State versus Guantanamo? in New York City. prove, modify, or otherwise enhance Are there differences in the rights Ahmed Khalfan Ghailani has been in- any facility in the United States or its awarded to detainees tried in a Mili- dicted for the 1998 al-Qaida U.S. Em- territories for the purpose of hous- tary Commission versus civilian court? bassy bombings in Kenya and Tanzania ing any detainee described in para- Could location or geography affect the that killed more than 224 people, in- graph (1) . . .’’

VerDate Mar 15 2010 14:38 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00031 Fmt 0686 Sfmt 0634 E:\BR09\S15JY9.001 S15JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD 17788 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 13 July 15, 2009 No. 3: We cannot ‘‘permanently or Representatives—interestingly by one these figures, I thought, let me be sure temporarily house or otherwise incar- vote over the majority—which is 219. in my own mind, as a member of the cerate any detainee described in para- Most of the bill actually was written at Environment and Public Works Com- graph (1) in the United States or its about 3 o’clock in the morning and mittee, that the science is there. So I territories.’’ passed the same day—a thousand looked into it, only to find out this That is a very simple solution. It is pages. I applaud JOHN BOEHNER over whole thing came from the United Na- all in three sentences on one page. there for saying that we want to estab- tions’ IPCC—the Intergovernmental I have a feeling there are going to be lish some kind of a program whereby Panel on Climate Change. All we have many people who know that we are on anything we are going to consider on seen are just the reports not from sci- the right side of this issue, know that the floor should be on a Web site so all entists but from politicians on the the American people are overwhelm- of America can read it at least 72 hours summaries they give policy donors. So ingly, by more than two to one, in sup- before it is voted on. I applaud that, we started talking to real scientists port of an amendment such as this, and and I hope we will be able to do that. only to find out that really well-estab- are going to offer some amendment full I certainly hope we will be able to do lished scientists—and this is 10 years of loopholes that will still allow them that with a bill that I am sure will be ago—who looked at this said: Well, yes, to close it. It will sound good. But this passed from the Environment and Pub- there could be a connection between is the only one out there. lic Works Committee of the Senate— man-made gases, CO2, and global warm- Mr. President, I say to my col- the cap and trade bill that has yet to ing. However, it is not a major signifi- leagues, if their interest is to really do be drafted. The chairman of that com- cant contribution. something about keeping Gitmo open, mittee, Senator BOXER, has stated it is Now, to fortify this, then-Vice Presi- there is only one vehicle out there. We going to basically be the framework of dent Gore was trying to build his case are on it right now—the Defense au- the Waxman bill from the House that on why we should ratify this conven- thorization bill. That is amendment was passed by a margin of 219 votes to tion and he did his own study. He hired No. 1559. All it does is prohibit us from 212, I think it was. a guy—one of the top scientists in transferring any detainee from Gitmo Anyway, that at least gives us some- America—named Tom Wigley to do an to any facility in the United States of thing to talk about. I would like to go analysis. Now, here was his challenge. America or its territories; it prohibits back historically to my first exposure If all of the developed nations in the us from constructing, improving, modi- to this whole issue. Back about 10 world—America, France, Western Eu- years ago, when we had the Kyoto fying, or otherwise enhancing any fa- rope and the rest of the developed na- Treaty, the Kyoto Treaty was a treaty cility in the United States or its terri- tions—would ratify this treaty and the Clinton-Gore administration was tories for the purpose of housing any would live by its emission require- trying to get us to ratify in the Senate. detainee described in paragraph 1 ments, how much would that lower the It was a treaty that would establish a above—that is the terrorist; and No. 3, temperature in 50 years? So if all the cap-and-trade type of arrangement to it prohibits us from temporarily or countries in the developed nations did limit the number of CO —and the prop- otherwise incarcerating any detainee 2 this, how much would it lower it in 50 er term is anthropogenic gases—an- years? The result of the study was described in paragraph 1 in the United thropogenic, man-made gases, meth- seven one-hundredths of a degree Cel- States or its territories. Period. That ane, CO2. sius. Well, I said that is not even meas- is all it does. The theory behind that, and I be- I say to those two-thirds people of urable. And I said, if his own scientist lieved it at that time because everyone says that, we have to have a wake-up America, there is a vehicle now we can said it was true, was that these man- call here in America. And that is when use to make sure that facility, one of made gases were causing global warm- I made this statement that people have the really true state-of-the-art re- ing. I assumed the science was there been throwing at me for 10 years—the sources we have in this country, stays and was settled. As I say, everybody idea of the notion that man-made gases open and keeping those detainees, thought it was. It was at that time significantly contribute to global those terrorists out of America. If you that the Wharton School of Economics warming is probably the greatest hoax want to keep them out of America, this came out with the Wharton econo- ever perpetrated on the American peo- is the way to do it. metrics survey. That survey quantified ple. Mr. President, I yield the floor and how much it would cost America in Well, when we stop and look back suggest the absence of a quorum. taxes if we in the United States rati- now at what has happened in the sci- The ACTING PRESIDENT pro tem- fied the treaty and lived by its require- entific community, many members of pore. The clerk will call the roll. ments. The result was in the range be- the community were the recipients of The legislative clerk proceeded to tween $300 billion and $330 billion a grants and had those grants held up un- call the roll. year. less they would come in and say, yes, Mr. INHOFE. Mr. President, I ask Now, I have often said one of the we are going to have to do something unanimous consent that the order for most egregious votes ever taken in the about CO in order to stop global the quorum call be rescinded. 2 Senate was the vote that took place in warming. The ACTING PRESIDENT pro tem- October of 2008 when we gave an By the way, I have to just say that at pore. Without objection, it is so or- unelected bureaucrat the $700 billion to this time we are in our ninth year of a dered. do with as he wished. It was just un- global cooling. People seem to forget GLOBAL WARMING conscionable. I voted against it. I was we have been going through these ups Mr. INHOFE. Mr. President, I notice opposed to it, but we lost. We did it, and downs all throughout recorded his- no one else is on the floor right now. I and now, most of the people who voted tory. God is still up there, and we are was only going to address those three for it, are sorry. I tried to equate at going to have warming and cooling pe- subjects, but I do want to make a cou- that time what $700 billion was, and I riods. ple of additional comments. If anyone said if you take all of the families who The same individuals who are so comes in and seeks the floor, I will file tax returns and pay taxes and do hysterically behind this idea of passing come to a close. your math, it is $5,000 a family—$5,000 a cap and trade—putting a huge tax on There is one other major issue that for every American family, not just the America at this time—are the same we are dealing with right now—we have ones in Oklahoma but everywhere. So I ones in 1975 that were saying we are had a number of hearings—and I would thought, as bad as that was, that was a going to have to do something because like to kind of put it in perspective so one-shot deal. If we pass cap and trade, another ice age is coming. Well, any- people will understand. we are talking about a $300-plus billion way, this has been going on for a long There are a lot of complaints around tax increase every year, not just once. period of time. the country about the cap and trade So at the time we looked at this, and So as we have progressed through the bill that was passed by the House of the Wharton School came out with years, more and more scientists have

VerDate Mar 15 2010 14:38 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00032 Fmt 0686 Sfmt 0634 E:\BR09\S15JY9.001 S15JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD July 15, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 13 17789 come over who were on the other side. cap-and-trade system and what that That isn’t going to happen, Mr. Presi- And I call to mind now, just from mem- would do to the farmers of my State of dent. People are so sensitive right now ory, Claude Allegra, from France. Oklahoma and all throughout America. with the level of spending that is going Claude Allegra is a socialist over Stop and think about it. Seventy-one on in this country. there—very prominent scientist. He percent of the cost of a bushel of wheat I can remember in 1993, it was the was marching through the aisles with is in fertilizer and in energy costs. first year of the Clinton administra- Al Gore 15 years ago, and he has now That is what would go up. So you tion, and I was complaining at that reversed his position and said, wait a would be talking about doubling the time on the floor—I was serving in the minute, everything we thought from price of wheat, or I could use soybeans House of Representatives—of the huge the modeling didn’t happen. This thing or any other commodity. It would be tax increase he was pushing, and all of is not real. He is solidly on the skeptic disastrous for our farmers in America. the things that were going on—with side now, saying I was wrong back So the years have gone by, and slow- gun control, the Hillary health care, then. This Claude Allegra is the guy ly people have caught onto this thing, which we all remember. At that time, I Sarkozy now is talking about putting and that is why there is such a sense of remember complaining on the floor: He in as the environmental minister of the urgency by people who want to pass even has a budget of $1.5 trillion. Well, country of France. Now that is the cal- this before the public realizes what it guess what. This one is $3.5 trillion. We iber of people we are talking about. is. Fortunately, the public already un- can’t sustain that. We can’t do that in David Bellamy was the top scientist derstands, and the vast amount of re- America. in the U.K. and David Bellamy was sol- cent polling shows that, just like the So I think one at a time we are going idly on the other side 10, 12 years ago. issue of closing Gitmo, which I talked to have to stop these expensive pro- He is now saying, we have looked at about a few minutes ago, they are sol- grams, one being the health care pro- the modeling and we have changed and idly on the side of not passing a cap- gram—I know we can’t afford that—an- this is just flat not true. and-trade tax which would constitute other being cap and trade. I think we A guy named Nir Shaviv from Israel, the largest tax increase in the history will defeat that, and I believe America another top scientist, he was on the of America to address a problem that is now going to look a lot more care- other side of this issue and he has now people aren’t really sure exists to start fully, and they are going to applaud come over. with. the efforts being made to make sure And for my colleagues who want to So I think we will defeat that in the any bill that comes up for consider- really see the fortification, see the Senate. It will, of course, pass out of ation of this magnitude should be on a numbers we are talking about in terms the committee. It is a very liberal com- Web site, as Mr. BOEHNER suggested, of scientists who have reversed their mittee. I love everyone on that com- and several other Senators have sug- position, go to my Web site, mittee, but they will pass anything gested, including myself, for at least 72 Inhofe.Senate.Gov, and look it up. that has to do with a cap-and-trade hours so we and the American people There are a lot of speeches I have made package, so it will be on the floor of can read and see what it is going to be. from the floor of the Senate, but one the Senate. But it will not pass the I can assure you, if that had happened was about the 700 scientists, most of Senate. And the reason I say that is we when the cap-and-trade bill passed the whom were on the other side of the have had several votes in the Senate— House, it would not have passed the issue and are now saying the same the House had never had any votes. We House. With that, I see there is someone else thing as Claude Allegra, David Bel- have considered this five times, and ac- on the floor wanting to have the floor, lamy, Nir Shaviv, and others have said tually voted three times—2003, 2005, so I yield the floor. because they have changed their minds and 2008. The ACTING PRESIDENT pro tem- on this thing. In 2003, it was called the McCain-Lie- pore. The Senator from New Jersey is So clearly the science has turned berman bill. At that time, I was the recognized. around, and that gives a sense of ur- only one on the floor. For 5 days, 10 Mr. MENENDEZ. Mr. President, what gency for some people who want to re- hours a day, I talked about this and is the status of the Senate right now? spond to some of the extremists—most- was trying to defeat that thing. For 50 The ACTING PRESIDENT pro tem- ly in California, and mostly in Holly- hours, only two or three Senators came pore. The Senate is in consideration of wood—to go ahead and pass something. down for a short period of time to help S. 1390. Get something passed and get it passed me. Now, fast forward from 2003 to 2005 Mr. MENENDEZ. Mr. President, I quickly. It is kind of like health care. to 2008. The bill was called the Warner- rise to talk about the pending amend- They want to get it passed before peo- Lieberman bill. We had 23 Senators ment. Let’s all imagine a situation. ple have a chance to read it. who came down, and it didn’t take 5 You are a 25-year-old, a father of two, So now we have a bill that is going to days to defeat it; it was just 2 days. it is night and you are walking home be put together and drafted in the En- So I think in terms of passing the tax across a park. A group of teenagers vironment and Public Works Com- increase called cap and trade, they come near and they throw a slur at mittee, which was going to be coming have about maybe 34, 35 of votes, and it you. When you respond and their to the floor of the Senate prior to the takes 60 votes in the Senate to pass it. verbal attacks escalate, they are nasty. August recess—just a few weeks from Really, I am happy our forefathers They seek to dehumanize you because now—but Chairman BOXER has now de- were divined and inspired when they of where you were born, how you look cided to put it off until after the re- thought of the two Houses so we could or how you speak. There is a fight, four cess. I applaud her for that, because have checks and balances. on one, in which you are pummeled to time is not the friend of the people who So I think that is what will happen. the ground and kicked in the skull re- are trying to make believe we are I know there are other names I could peatedly. going to have to pass an expensive tax mention but cannot because some of As you lie on the pavement in con- to address what they consider to be a the things I know are at a level of con- vulsions, foam oozing from your more serious problem than I consider it fidence. But some of the new Senators mouth, life slipping away, there is one to be. And during the August recess, who have been elected, they don’t real- more insult. They yell a warning to during those 30 days, you are going to ly want to go back and say—whether anyone who looks like you or talks have a lot of Members of this Senate be Democrats or Republicans, but, in fact, like you that they will do the same approached by people—such as people it is the Democrats I have in mind— thing. in the agricultural community. saying to the people who have just Imagine you are this man’s two little I had the opportunity of going and elected them: Aren’t I doing a good job children. Your father spends 2 days in talking to the National Farm Coop the for you, coming back from my first ses- intensive care, his face bruised and other day and discussing with them sion and passing the largest annual tax swollen, his head bandaged, tubes ev- what would happen if we were to pass a increase in the history of America? erywhere, and then he passes on from

VerDate Mar 15 2010 14:38 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00033 Fmt 0686 Sfmt 0634 E:\BR09\S15JY9.001 S15JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD 17790 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 13 July 15, 2009 this world. You will never remember they are determined to serve justice in senseless gang of teenagers on Long Is- your father holding you or feeding you each and every one of these cases. If we land, driving around in search of ‘‘some or kissing you; you are too young. are to make sure hate crimes are treat- Mexicans to [expletive] up.’’ What you will remember is growing up ed with the seriousness they deserve, if Here is how the prosecutor described without a father. He was the victim of we are to make sure would-be perpetra- this assault: a needless death from a senseless beat- tors think twice, Federal law enforce- Like a lynch mob, the defendant and his ing, a beating fueled by red-hot hatred ment must have a greater involvement. friends got out of a car and surrounded Mr. for the type of person he was. I can hear opponents of this legisla- Lucero. The one hope for some small measure tion, this particular amendment: This Like a lynch mob—in the 21st cen- of fairness so that these two young is 2009. The President is African Amer- tury in the United States—they beat children will one day know that justice ican. It is a reaction to an insignificant Marcelo and stabbed him to death. was served after their daddy was killed problem. How many more of these stories? would be an appropriate conviction for Ask Luis Ramirez, if you could. I How many more? Do we have to hear this unthinkable crime. But in the would ask them to consider this, from another story such as that of Walter courthouse the verdict is read. The the Leadership Conference on Civil Sanchez? His horrific story happened most serious charges, the most appro- Rights: Between 2003 and 2007, hate earlier this year and it happened in my priate charges, are discarded. At most, crimes reported against Hispanics in- home State of New Jersey. two of the four young men who com- creased not just a little bit but by 40 Walking to a restaurant with his mitted this murder in a bigoted rage percent. In 2007, Hispanics were the cousin, a car with five men pulled up. will spend less than 2 years—less than target of 60 percent of hate crimes Calling Walter a Hispanic son of a [ex- 2 years—behind bars. But they could be committed based on ethnicity, signi- pletive], they beat him senseless. He there for as little as 6 months—6 fying an increasingly sharp rise. was one of the lucky ones, escaping months in jail. But this man, this fa- But this is not just a problem con- with his life, but he still underwent ther, he is gone forever. fined to the Hispanic community. The hours of reconstructive surgery to put It is as sad and heart wrenching a sit- man who packed up his rifle, got in his many of the bones in his face back to- uation as you can imagine. How we car, drove to Washington, entered a gether. wish it was only that, a horror story building, opened fire, and claimed the Again, how many stories do we have we simply imagined. But it is not a fig- life of a noble security guard—he didn’t to tell? It is time to stop asking and it ment of our imagination, it is a dose of just do that at any building. He did it is time to start acting. We can pass reality. This nightmare scene actually at the Holocaust Museum, because this this legislation and know, while there happened, and it did not happen in a murderer hates Jewish people, hates is still a ways to go until we have society less open than ours, nor did it them enough to kill. wiped our society clean of bigotry and happen 100 or 200 years ago. It hap- Let’s never forget the namesake of hatred, we will have made it harder for pened exactly 1 year ago in Shen- this legislation, Matthew Shepard, a the perpetrators of these evil acts to andoah, PA, less than 150 miles from University of Wyoming student who escape justice. As the law is written where this Chamber is; less than 50 had his whole life ahead of him before now, there are too many ways in which miles from my home State of New Jer- it was snatched away on an October those who commit hate crimes can es- sey. night in the countryside near Laramie. cape the kind of justice Federal law en- Luis Ramirez was the target of the Two men, uneasy with Matthew’s sex- forcement is prepared to bring. vitriol and the beating; struck in the ual orientation, drove off from a bar Sometimes these loopholes are bewil- chest so hard he bore a bruise in the with him, only to beat him mercilessly dering, even perverse. Remember the shape of Jesus Christ from the medal- with a pistol and rope him to a fence, story of Luis Ramirez, whose mur- lion he wore on a chain around his as if a warning to the gay community. derers will serve as little as 6 months neck. As he lay, seizing from the dead- They hated Matthew because he was in jail? The cruel irony is that the ly blows, if he had still been conscious gay. He lost his life because he was deadly beating he suffered occurred in what he would have heard were words gay. the street, not in the park 100 feet that, uncensored, do not befit the Sen- I ask those who would argue against away, the park where Luis had walked ate. this legislation, how many more tragic minutes, if not seconds, before he was Tell your [expletive] friends to get the [ex- stories do we have to hear before we battered. If this murder of a hate crime pletive] out of Shenandoah or you will be make our laws tougher? How many had taken place in that park, it would [expletive] laying next to him. more? Do we have to hear another have been Federal law enforcement’s Tell your [expletive] friends to get the [ex- story, such as the one of Jose Osvaldo business. The delivery of justice may pletive] out of Shenandoah or you will be Sucuzhanay, a father of two and native have been different. As it turned out, [expletive] laying next to him. of Ecuador who ran a real estate agen- local law enforcement, some of whom This in the 21st century, in the cy, who was headed home with his were related to the assailants, took 2 United States of America, the land of brother from a bar after a church weeks to arrest the four men, and we the free—all men created equal—life, party. These brothers walked around know how the rest of the process liberty, and the pursuit of happiness. the Brooklyn street with arms around turned out. Not for Luis Ramirez. He may have each other, like men in Latino cultures We can all agree, a hate crime is a been born originally in a different often do. hate crime—whether it is in the park country, but he was just as human as Up drove three men, yelling slurs or in the street, on the grass or on the you or I. It did not matter. He was that were both homophobic and racist, pavement, 100 feet this way or 100 feet cursed and battered and put down like they belted Jose on the head with a that way. A hate crime is a hate crime. an abused animal would be, in the glass bottle. They smashed his head in I sponsored, when I was back in the United States of America. with a metal bat. They continued to New Jersey legislature, the law that The people who did this, the people beat him and kick him and beat him became one of the first landmark who beat their fellow man to death, and kick him. He clung to life for 2 pieces of legislation on hate crimes in treating him as subhuman—this gang days in a hospital and then he died. our country. I said then that we cannot gets a veritable slap on the wrist. How many more stories? Do we have eliminate hate with the passage of a We can change that—no more cir- to hear another story such as that of law, but we can send a clear societal cumstances such as that, not with this Marcelo Lucero? He, too, was born in message that we do not tolerate such legislation. There is no better pros- Ecuador and he, too, was a real estate crimes against individuals because of ecutor of hate crimes in our country professional and he, too, was killed their race, because of their religion, be- than Federal law enforcement. They simply for the way he looked and the cause of their ethnicity or, for that are tough on these hate criminals and way he spoke, the innocent victim of a matter, their sexual orientation.

VerDate Mar 15 2010 14:38 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00034 Fmt 0686 Sfmt 0634 E:\BR09\S15JY9.001 S15JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD July 15, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 13 17791 Hate crimes are hate crimes. They Recognizing the heroic and patriotic can cost our servicemembers as much are all an affront to the set of values actions of the ATG members, in 2000 as $2,000 out of pocket. upon which this great Nation stands, Congress passed a law that made Other times, they opt to sell their and they all deserve the full scrutiny of former members of the ATG eligible for second vehicle prior to the move and our Federal law enforcement. veterans’ benefits. In 2008, approxi- repurchase a second personally owned It is time to pass this legislation. I mately 25 of these guardsmen, mostly vehicle upon arrival of duty station. urge my colleagues to vote in favor of Native Alaskans in their mid-to-late This is a costly option resulting in se- the amendment and make sure each eighties, were issued military retire- vere financial loss. hate crime is met appropriately with ment credit for their period of service The current policy of reimbursing justice. in the ATG and began receiving a mod- military families for only transport of I ask you to remember, as I started est $500 a month in retirement pay. one personally owned vehicle is an out- this speech, that father kicked to However, in January of this year, the dated policy that unfairly impacts the death, with the two children who will Defense Finance and Accounting Serv- finances of these families who rely on a never ever know their father as so ice abruptly ended these payments second vehicle to sustain their needs. many of us are fortunate to know ours. based on a finding that a misinter- Authorizing reimbursement for a sec- Remember when you cast your vote. pretation of the law had resulted in er- ond privately owned vehicle will great- Think that, but for the grace of God, it roneously awarding these payments. ly enhance the quality of life for our could be you. That is how momentous These men, who live in remote areas servicemembers and their families sta- this decision is. That is how important and rely on this payment for day-to- tioned in Alaska, Hawaii, and Guam, this legislation is. That is why justice day needs, were devastated by the un- and those returning to the lower 48 is served with the passage of this expected decrease in their monthly in- States and the District of Columbia amendment. come. from those locations, and will alleviate I yield the floor and suggest the ab- Understanding the significant finan- the unnecessary financial burdens on sence of a quorum. cial impact experienced by these he- these families. I ask my colleagues to The ACTING PRESIDENT pro tem- roes and their contributions during support this amendment. pore. The clerk will call the roll. World War II, the Secretary of the Mr. CHAMBLISS. Mr. President, I The assistant legislative clerk pro- Army provided them 2 months of pay have listened to the debate all day with ceeded to call the roll. from the emergency and extraordinary regard to the national defense author- Mr. REID. I ask unanimous consent expense fund. The Alaska Legislature, ization bill, and, frankly, it is one of that the order for the quorum call be further cushioning the economic loss the frustrating aspects of serving in rescinded. experienced by this courageous group, this great body, to sit here and debate The ACTING PRESIDENT pro tem- enacted a bill that temporarily re- an issue like we have debated over the pore. Without objection, it is so or- stores the entitlement to the ATG last couple of days and to think that dered. members until the earlier of the date you are going to come to the floor of Mr. INOUYE. Mr. President, the fa- that the Federal Government restores the Senate and to cast a vote on a very cilities and services located at Ohana the entitlement or February 1, 2010. important measure that has been char- Nui and Camp Catlin, and designated My amendment permanently restores acterized by Senator MCCAIN earlier as as excess, were established at the be- the earned Federal entitlement benefit one of the most important pieces of hest of the U.S. Navy in the 1950s for to members of the ATG for their serv- legislation or amendments that we will the benefit of our military and their ice. As Members of the Senate, it is our have—and I agree with him that is the families. Not-for-profit organizations responsibility to take care of those case—and all of a sudden we are thrown responded to the needs identified by who have served and sacrificed. Earlier into an entirely different atmosphere the Navy to assist our military. The re- this year, this body supported restor- with regard to what has taken place on lationships formed between the mili- ing this entitlement to the ATG in the the floor. tary and surrounding community have Senate-passed budget resolution, S. All of a sudden we are not talking grown over the past 50 years at Ohana Con. Res. 13. I ask my colleagues to about defense, we are not talking about Nui and Camp Catlin including schools support this amendment to honor those our troops, we are not talking about for children in prekindergarten who have served. the national security of the United through high school. It is my hope the Mr. President, amendment No. 1573 States, we are talking about hate Department of the Navy will consider to S. 1390 would authorize the Depart- crimes. the Federal Real Property Manage- ment of Defense to reimburse military We are in some very difficult times ment Regulations regarding adjusted families for costs incurred for trans- with respect to the national security of fair market value when making their port of a second personally owned vehi- our country. While Senator MCCAIN determination for the Ohana Nui and cle on a change of permanent duty sta- and I disagree on the issue of the F–22 Camp Catlin property. tion to or from Alaska, Hawaii, or and this amendment, he and I agree Mr. BEGICH. Mr. president, today I Guam. strongly—and it is why he is my dear submitted amendment No. 1572 to S. Current law only authorizes service- friend and why we agree on most 1390 that would provide for earned re- members to be reimbursed for the cost things—about the fact that we ought to tirement payments to be restored to a to transport one personally owned ve- be here debating defense issues and group of selfless heroes in Alaksa. hicle. As with their counterparts in ci- voting on defense issues. In 1942, after the Alaska National vilian life, many military families It truly is frustrating. I know our Guard was called overseas, a group of today own and rely on a second vehicle. soldiers in the field can’t understand brave Alaska Native men formed a For example, a significant number of what in the world is going on in the group called the Alaska Territorial military members live off base and Senate now, when they thought we Guard, ATG. These men helped protect commute to work, while their spouses were going to be debating and voting the territory of Alaska during and work as well, making ownership of just on amendments that pertained to after World War II by conducting a single vehicle impractical for most them—issues such as their pay raise, scouting patrols and constructing mili- families. their quality of life, weapon systems— tary airstrips. The brave men received Some military families ship their and all of a sudden we are thrown into no pay or benefits for their sacrifices second vehicle back to the lower 48 doing something else. So I just want to during their time of service in the States or Alaska, Hawaii, or Guam at associate myself with the remarks of ATG. After disbanding in 1947, many of their personal expense. Shipment of a my friend, Senator MCCAIN, with re- these former ATG members continued second personally owned vehicle to spect to why we are here. their service in the army and Alaska Alaska, Hawaii, or Guam, or to the With regard to what Senator LEVIN National Guard and other services. lower 48 States from these locations said, frankly, Senator DODD, on the

VerDate Mar 15 2010 14:38 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00035 Fmt 0686 Sfmt 0634 E:\BR09\S15JY9.001 S15JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD 17792 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 13 July 15, 2009 other side of the aisle, who has been was referring to is two different work prod- their tactical air eggs in one basket, working very closely with me on the F– ucts, one by the Program Analysis and Eval- Mr. President. That is a very dan- 22 amendment, he and I had a meeting uation shop and one by the Air Force. Not so gerous road down which we should not much a study. with Senator LEVIN and Senator travel with respect to the national se- MCCAIN on Monday, and informally—or So what has happened is there have curity of the United States and the actually formally agreed between the been discussions within the Pentagon safety and security of our men and four of us—which is an informal agree- to attempt to validate the number of women. ment—that we would have a vote on 187. It is pretty obvious what I said on APPOINTMENT TO THE HELP COMMITTEE the Levin-McCain amendment on the floor of the Senate remains true, Mr. REID. Mr. President, under an Wednesday morning. We thought that and that is that of all the dozens of order of May 5 and under the auspices was kind of a done deal. studies that have been done on the F– of S. Res. 18, I made a temporary ap- Now, all of a sudden we have debated 22 requirement, the minimum number pointment of SHELDON WHITEHOUSE to and we have talked about this, we have that has ever been validated is 243. The serve on the HELP Committee, while debated it again, we have talked about number goes up from there all the way retaining my authority to make a per- the amendment, and now we are to 781, which I think was our original manent appointment to the HELP thrown into an entirely different sce- number. The number of 381 is the num- Committee. I now announce that as of nario on the Senate floor when we have ber that has been used in most of the today, Senator AL FRANKEN is ap- been prepared to vote. I would hope we recent studies as the number we need. pointed to serve on a permanent basis still have the opportunity to vote in Also, with respect to other state- to the slot that was occupied by Sen- the short term on the issue of the F–22. ments regarding the Secretary of De- ator SHELDON WHITEHOUSE. On that point, just very briefly, Mr. fense, the Chairman of the Joint SENATOR WHITEHOUSE President, I want to state a couple of Chiefs, and others who are saying that Mr. President, SHELDON WHITEHOUSE, things with regard to that issue. I 187 is the number, that is leadership at since coming to the Senate, has truly made a very long statement yesterday, the Pentagon. The leadership at the been a workhorse. There isn’t anything and I am not going to go back into all Pentagon has the responsibility for I have asked this fine man to do that the detail with the reference to the sending a budget to the Senate and to he has not come forward with enthu- why-fors of the F–22 and its value to the House, but it is our obligation as siasm to do it. We have seen the bril- the national security of the United Members of the Senate and the House liant work he has done on so many dif- States, but there have been some com- to review that budget—sometimes to ferent occasions as a member of the Ju- ments made on the Senate floor that I agree with it; sometimes to disagree diciary Committee. think are important to address. with it. We often disagree with it. His other assignments in the Senate One of those comments made by Sen- In this case, a number of us disagree have been just as auspicious as his ator LEVIN was that I had made a with the number of 187 as being the top work on the Judiciary Committee. His statement that there had never been a line for the F–22. That is not unusual. background is significant. He has a real study by the Air Force which validated But with respect to what the leader- interest in health care. His work on the the requirement that 187 aircraft be ship at the Pentagon has said, let me bill that was reported out of the HELP the top line number for the F–22. go back to a letter I talked about yes- Committee today was essential. All What I said was there have been doz- terday, and it is a letter that has been members of the committee, Democrats ens of studies out there over the years received from Rebecca Grant, the Di- and Republicans, are astounded at how on the F–22, and there has only been rector of the Mitchell Institute for Air- good he was. one study—and it was an internal power Studies. What she says in her I repeat, he enthusiastically accepted study at the Department of Defense, letter to me is: In the letter of July 13 this temporary assignment while we without the input of the Air Force— from Admiral Mullen and Secretary waited for the long, never-ending situa- that said 187 is the number. I want to Gates, the characterization of F–35 as a tion in Minnesota to come to a close. make sure everybody in this body un- ‘‘half-generation newer aircraft than Senator WHITEHOUSE was far from just derstands every single other study the F–22 and more capable in a number a seat-warmer. He dove into the issues done internally, as well as outside the of areas such as electronic warfare and and, to no one’s surprise, was a sub- Pentagon, outside the Air Force, out- combating enemy air defenses’’ is in- stantive contributor to one of the most side the Office of the Secretary of De- correct and misleading. important bills the committee has ever fense, or inside, has concluded that the Air Force Secretary Donley and Gen- marked up in the history of this coun- requirement for the number of F–22s we eral Schwartz have repeatedly stated: try. need far exceeds the number of 187. The ‘‘The F–22 is, unquestionably, the most Without belaboring the point, on be- minimum number that has ever been capable fighter in our military inven- half of the entire Senate, I greatly ap- referred to is 243, which is some 56 air- tory.’’ preciate his service on the committee, planes more than the 187 we are talk- The F–22 was designed with twice the and I personally thank him, as does the ing about now. fighting speed and altitude of the F–35 entire Democratic caucus. I bet if a Last week, in a hearing before the to preserve U.S. advantages in the air poll were taken of those who serve as Senate Armed Services Committee, we even if adversaries contest our elec- Republicans on the HELP Committee, had GEN James Cartwright, who is a tronic countermeasures or reach parity they would acknowledge his brilliance Joint Chiefs of Staff Vice Chairman, with us. and hard work. I know Senator KEN- and I asked General Cartwright if there She also States in that letter: NEDY, whom we have missed on that was any study or any analysis done at If electronic jamming fails, the speed, alti- committee and the vital work he has the Pentagon that validated the num- tude and maneuverability advantages of F–22 done for decades in the Senate, is ber 187. General Cartwright told me: remain. The F–35 was designed to operate someone who has watched from afar There is a study in the Joint Staff that we after F–22s secure the airspace and does not and applauded Senator WHITEHOUSE. just completed and partnered with the Air have the inherent altitude and speed advan- Mr. President, I came to the House of Force which validates the number of 187. tages to survive every time against peers Representatives in 1982. In that class of with counter electronic measures. Only five Well, on Monday afternoon, a re- F–35s are flying today. The F–35 has com- 1982 was a young man from Arizona, porter asked a Pentagon official, and pleted less than half its testing. Develop- someone who came with a certain de- the top spokesman from the Pentagon, mental tests will not be completed until 2013. gree of fame. His name is JOHN MCCAIN. Geoff Morrell, made the statement in It is impossible to assess the full capabilities He had served our country valiantly response to that reporter’s inquiry of the F–35 until operational test is complete during the Vietnam conflict and spent about that study as follows: in 2014. 5 years in a prisoner-of-war camp in Well, it is not so much a study as work The Secretary of Defense and others Vietnam. I have great admiration and products. What I think General Cartwright in the administration are putting all of respect for him. I want the RECORD to

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reflect that my respect for JOHN related amendment he demands today. Another Republican Senator offered MCCAIN is very deep. Not only did we In fact, that issue went to the Supreme an amendment about union dues to come to the House together, but we Court, where the Supreme Court de- that same Omnibus appropriations bill, also came to the Senate together. We clared it illegal, unconstitutional. having nothing to do with what we were elected together in 1986. Our se- It was a year before that that Sen- were trying to accomplish here. niority is as close as it can get. We ator MCCAIN offered the same amend- Another Republican Senator offered both have the same amount of service ment to a research bill. Again, it is an amendment about congressional pay in the House of Representatives, so se- hard to understand how his was the to another appropriations bill, having niority is determined by how many kind of related amendment he demands no relationship whatsoever. people are in the State of Nevada and today. Another Republican Senator offered the State of Arizona. There are more Additionally, Senator MCCAIN offered an amendment about rules surrounding people in the State of Arizona than in an amendment that would change Sen- charitable donations to the national the State of Nevada, so he is one up on ate rules about tax increases to a bill service bill—no relationship whatso- me in overall seniority in the Senate. about unemployment compensation. It ever. I did not hear my friend say one Having said that, recognizing who is hard to understand how his was the word about that. The Senator from Ar- this man is, he was proudly the nomi- kind of related amendment that he izona did not complain 1 minute about nee for Republicans in the last elec- suddenly today demands. that. tion. I watched his campaign and ad- He also offered his line-item veto Another Republican Senator offered mired his courage, the stands he took. amendment to a bill that would give an amendment about national lan- While I may not have agreed with him, more rights to blind Americans. It is guage to a bill that helps us crack I recognize he has strong feelings. But hard to understand how the line-item down on mortgage fraud. Now try that so do I. veto had anything to do with the vis- one. That is something that might stir The senior Senator from Arizona ually impaired. But it appears this was up a little outrage but not from my today said he was ‘‘deeply, deeply dis- the kind of amendment he demands friend from Arizona. Another Republican Senator offered appointed’’ that what he considers an today. Again, Senator MCCAIN offered an an amendment on auto dealers to a bill unrelated amendment; that is, the amendment about Medicare to a bill that funds our troops in Iraq and Af- Matthew Shepard Hate Crimes bill, has funding energy and water development, ghanistan. Where was the outrage on been added to this bill, the Defense au- having no relation, obviously. It is that—an amendment on auto dealers thorization bill. I wonder on which re- hard to understand how his was a kind on a bill that funds our troops in Iraq cent morning did the Senator from Ari- of related amendment that he demands and Afghanistan, the supplemental ap- zona wake up and suddenly feel so today. propriations bill? strongly. Where has he been in the The third point I want to make is Mr. President, there are lots of other past? Let me make a couple of com- that the Senator from Arizona is not examples. Those are just a few. It is ments about the remarks of my friend alone in offering such unrelated hard to understand how any of these from Arizona. amendments. His Republican col- amendments were the kind of related First, his is a new outrage over a leagues do it all the time. In fact, they amendment Senator MCCAIN demands very old issue. The hate crimes bill was are quite fond of doing it. today. But it is even harder to under- first added to the Defense authoriza- Where has his outrage been when stand why the Senator from Arizona tion bill in a previous Congress. I that has happened, Mr. President? did not feel the need to express, as I didn’t do it. The amendment today was Where has the outrage been from the have said, the outrage he did this an amendment I offered on behalf of Senator from Arizona when, for exam- morning. the chairman of the Judiciary Com- ple, one of his Republican Senator Finally, I want to say that I would mittee and other sponsors of this legis- friends twice offered an amendment gladly, as a matter of principle, keep lation. Senator LEAHY would have been about the ACORN group? This is an or- each of these bills separate; that is, here, but he is a little busy with the ganization around the country that is hate crimes, Defense authorization. Supreme Court nomination. The hate involved in a lot of different things. But the reality is, the Republicans’ re- crimes bill was first added to the De- But he wanted to do an amendment on lentless and reckless strategy of slow- fense authorization bill when George the economic recovery package related ing, stopping, and stalling has made it Bush was President, a Republican. to the ACORN organization. That was a impossible for us to do so. My friend, Where was the Senator’s disappoint- bill, of course, that had nothing to do the senior Senator from Arizona, ment then? I heard no big statements with voting registration. knows the most recent example of this at that time, and no one else did. Another Republican Senator offered all too well. His Republican colleagues Second, the Senator from Arizona an amendment about prescription refuse to let us vote on his amendment, has evidently not always held the be- drugs to a bill that funds homeland se- which I support. I support the F–22 lief he discussed today. This is a new curity—no relation whatsoever. Where amendment. I support that. Why can’t conversion. He has evidently not al- was the outrage of my friend from Ari- we vote on that? This could have been ways believed that bills must only con- zona about that? done yesterday, the day before, today, tain amendments that relate directly Another Republican Senator offered but for the stubbornness of the Senate to the underlying legislation. an amendment about the fairness doc- Republicans. It was just a while ago a bill came be- trine—a fake issue meant exclusively We have lots of work to do, a lot of fore the Senate known as the motor- to excite a very small segment of our priorities to fulfill, and a lot of mis- voter bill, a bill to make it easier for population—to a bill that would give takes in the last 8 years to correct. people to register to vote. When they DC residents, finally, the right to vote. And we are trying to do that. The bot- got their registration changed on their Where was the outrage of my friend tom line is, we would not have to take car, they would at the same time have from Arizona about that? the time for such steps if the Repub- the opportunity to register to vote. It Another Republican Senator offered lican minority would not waste the was a unique and good idea, and it has the same amendment; that is, the fair- American people’s time and money by allowed millions of people to register ness doctrine; another Senator, same making us jump through procedural to vote who ordinarily would not reg- amendment, on the same conjured hoop after procedural hoop just to do ister. issue to the Omnibus appropriations our jobs. Last Congress, 100 filibusters; On that legislation, motor-voter, bill. That is the bill we passed to keep this Congress, I think we are at 21 al- Senator MCCAIN offered a line-item our government running and complete ready this year—21. veto amendment. It had nothing to do unfinished business from the Bush ad- To my knowledge, Senator MCCAIN with registration to vote. So it is hard ministration. Where was my friend’s has never supported hate crimes legis- to understand how his was the kind of outrage about that? lation. If I am mistaken, it certainly

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And that is the real reason violent crimes and conducting the after another one has been committed. the Republicans, I assume, do not like most extensive and expensive inves- It means we always tend to act too to talk about the Matthew Shepard tigations. State and local governments late. But does this mean we should not hate crimes bill. But I am not afraid to will always come first, as they should, act now? Of course not. It means, in talk about the issue. but if those governments are unwilling fact, the opposite: it means we must A man by the name of Luis Ramirez or unable to prosecute hate crimes— act before another one of our sons or was picking strawberries and cherries and if the Justice Department believes daughters or friends or partners is at- to support his three children and a that may mean justice will not be tacked or killed merely because of who woman he wanted to marry. When he served—this law will let the Federal they are. was not working the fields, he worked authorities lend a hand to State and We must act in the name of people a second job in a local factory in Shen- local authorities. such as Thomas Lahey, who, in 2007, andoah, PA. It is a coal town of only I spent some time yesterday with was beaten unconscious in Las Vegas. 5,000 people. Judy Shepard. I have five children. I Why? Because he was gay. As he was walking home one Satur- have four boys. I had never met Judy Not far from my hometown of day night, six high schoolers jumped Shepard until yesterday. My wife, Searchlight, NV, is a place called him in a park. They taunted and within the past few months, had lunch Laughlin, NV—25 miles away. It is on screamed racial slurs at Luis, who with her and a number of other people the river, a little resort community. came to this small town in the middle and sat next to her. She told me what We must act in the name of Jammie of Pennsylvania from a small town in a wonderful person she is. When I met Ingle, who, in 2002, was beaten and the middle of Mexico. But the boys did with her yesterday, the thing she said bludgeoned to death in Laughlin, NV. not stop with the taunting and scream- that was so traumatic to me was: I Why? They thought he was gay. ing racial slurs. That was not enough. only have one boy left. Two children; We must act in the name of Tony They punched, beat, and kicked him. Matthew is dead. Montgomery, who was shot and killed When Luis’s friend pleaded with the The bill we have is named after Mat- in Reno. Why? Because he was an Afri- teenagers to stop, one yelled back: Tell thew Shepard, Judy’s son. He was a 21- can American. your Mexican friends to get out of year-old college student when he was We must act in the name of those town, or you’ll be lying next to him. tortured and killed for being gay—and who worship at Temple Emanu-El in These boys stomped on Luis so hard did they torture, did they torture. And Reno, a synagogue that has been that an imprint of the necklace he was that was not good enough for them. In firebombed time and time again by wearing was embedded into his chest. the cold Wyoming night, they took skinheads. We must act in the name of They beat him so badly and so brutally him, before he was dead, and hung him Luis Ramirez, whom I already talked that Luis never regained conscious- on a barbed-wire fence. about who died 1 year ago this week. ness. He is dead. On July 14, 2008—2 When Wyoming police pursued jus- We must act in the name of Judy days after the beating and exactly 1 tice in Matthew’s murder, they needed Shepard, of her son, Matthew Shepard, year ago yesterday—Luis Ramirez died. resources they did not have. Laramie, whose family has fought tirelessly He was 25 years old. WY, is where it is. Police could not call since his brutal death, his brutal mur- Hate crimes embody a unique brand in Federal law enforcement for help— der, so others may know justice. If of evil, and that is why the legislation the law would not allow it—and their their country doesn’t stand for them, if is so important. It is terrorism; it is expensive investigation devastated we don’t stand for them, who will? just a different kind than we normally that small police department. It was a The F–22 is an airplane I have seen. A see or think of. A violent act may police department of 40 people—not all number of them are stationed at Nellis physically hurt just a single victim and police officers. As all police officers, Air Force Base. Nellis Air Force Base cause grief for loved ones. But hate some of them took care of the little has almost 15,000 people who are in- crimes do more. They distress entire jail, did jail duty, and they were re- volved in that air base, civilian and communities, entire groups of people, sponding to phone calls. Out of this 40- military personnel. We are so proud of and our country. person police department, they had to that. Nellis Air Force Base is named Our friend, Senator TED KENNEDY, lay off 5 people so they could prosecute after Bill Nellis from Searchlight, NV. has for many years courageously this crime, this vicious crime, this hate Bill Nellis was a war hero in World War fought for the legislation Senator crime. But it cost that little town a II. He joined then the Army Air Corps, LEAHY and I offered as an amendment lot. When this bill becomes law, that already having two children, was way today to the Defense authorization bill. will never happen again in Laramie, beyond the age when he would be draft- Senator KENNEDY has correctly called WY, or anyplace else in the country. ed, but he volunteered. He served 69 hate crimes a form, I repeat, of domes- We must not be afraid to call these missions before a dive bomber went tic terrorism. It is our obligation to crimes what they are. The American down in Belgium where he is now bur- protect Americans from this domestic people know this is the right thing to ied. We are proud of Nellis. We are terror. do. Hundreds of legal, law enforcement, proud the F–22s are there. But we have The hate crimes bill will help bring civil rights, and human rights groups had enough F–22s at Nellis Air Force justice to those who intentionally know this is the right thing to do. The Base. We have enough F–22s anyplace choose their victims based on race, U.S. Senate knows this is the right else. color, religion, nationality, ethnicity, thing to do. The F–22 is a Cold War weapon that gender, sexual orientation, sexual iden- This bill simply recognizes that there has not flown a single mission over tity, or disability. Disability—there is a difference between assaulting Iraq or Afghanistan—not one; not a are examples all the time of someone someone to steal his money or doing so training mission, not any kind of a who may not be what ‘‘normal’’ may because he is gay or disabled or Latino mission. It is a powerful plane built to be; maybe they are mentally chal- or Jewish; that there is a difference be- fight superpowers. But as we all know, lenged. There are all kinds of examples tween setting fire to an office building the wars we fight today are not against of people for that reason taking advan- and setting fire to a church, a syna- superpowers. This generation of our tage and hurting them. That is a hate gogue, or a mosque; that there is a dif- military bravely fights a new genera- crime. ference, as we learned so tragically last tion of warfare against terrorists and

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The Pentagon, after tomorrow’s wars. I support moving our billion to keep making more of them. they had been stationed there for a military into today’s century the 21st That is only the first step. Actually, it matter of months, made a decision: century, not go back to the last cen- is $1.75 billion. I rounded it off to $2 bil- That is not good. We need to move tury. lion. It is a very expensive plane to them to New Mexico to an airbase. Now, finally, let me say this: I have build and a very expensive plane to fly. Pete Domenici, my friend, was con- called my friend, the Republican lead- It costs taxpayers $42,000 an hour to op- cerned about whether they should go to er, and he will call in just a minute erate. New Mexico or Nevada. I said: Pete, I when he has some time because I didn’t This technology is not suited for to- got a deal for you. I, personally, don’t call him while he was in a meeting. I day’s warfare. The radar in the F–22 believe that what we do for the mili- wanted to speak to him before I came means that when it flies over heavily tary is a jobs program. I think it is to to the floor, but I have something else populated cities such as the ones in make our Nation more secure. Let’s I have to do tonight. We are going to Iraq and Afghanistan, its position is have the General Accounting Office do vote on invoking cloture. We will see if easily given away. We have at Nellis a study, and if they come back and say we can get 60 votes on this hate crimes Air Force Base in the ranges there it will save the country money and it amendment that is on this bill. I would what we call red flag activities. will make our country more secure if like to work it out so we can do it con- A couple times a year, we bring our they move them to New Mexico, I am veniently for everyone, sometime to- fighting forces there, our air fighting not going to say a word about it. It morrow. What I would like to do is set forces, and they do mock exercises. It took the General Accounting Office a aside some more time if we want to de- is a wonderful place, one of the few matter of a few months to do this. bate more the hate crimes, set aside places in the world this can take place. They came back and said these stealth more time to do that, and if people They do all kinds of good things. Air- aircraft would be better off in New want to do the F–22, let’s do that. Let’s craft from all over the world come Mexico, and it will make our country get these two out of the way. I can’t force an amendment vote on the F–22, there to participate in these war more secure; they can train better but I can force a vote on cloture, and games. If the F–22’s radar is turned off there because of how much activity we are going to do that. We will do to avoid being so easily detected, its there is at Nellis, and it will save the that tomorrow. Tomorrow may spill agility is significantly compromised. country money. We know that. This was proven re- That is how I feel about the military. over until a little after midnight Fri- cently in a recent exercise at Nellis Air I think we have to have the most so- day morning, but we are going to do this. So everyone should understand Force Base, when an F–16 brought down phisticated, secure weapons systems the hate crimes bill is going to be in a war game an F–22 that simply had that exist, but it has to be something voted on either tomorrow or very early turned its radar off in a test fight. that is good for our country. It is obvi- Friday morning. I have said Friday There is broad bipartisan consensus ous—with all these people from Presi- there will be no votes, and that is by that ending the F–22’s production is in dent Obama to President Bush to the day. This will be in the middle of the our national security interests. Here is Secretaries of Defense in the past to night. I hope we don’t have to do that, a list of some who agree: Chairman now—these airplanes are not nec- but that is when time runs out on this. LEVIN; Ranking Member MCCAIN; Com- essary. They prudently point out that I think these two amendments are mander in Chief Barack Obama; the buying more F–22s that we don’t need important. I understand the anxiety of previous Commander in Chief, Presi- means doing less of something else those who would rather not have hate dent Bush; the Secretary of Defense; that we do need. crimes legislation on this bill. I accept the previous Secretary of Defense; the I repeat: Some have encouraged us to that. But I spent a lot of my time here chairman of the Senate Armed Serv- continue making this airplane because on the floor, as I have outlined, won- ices Committee, I repeat; the ranking it creates jobs for those who build it. I dering why in the world other people member, I repeat, of the Senate Armed don’t believe that is the purpose of why don’t complain when they offer these Services Committee; the Chairman of we are here. I understand the impor- ridiculous amendments on legislation the Joint Chiefs of Staff; the Vice tance of jobs, but a more advanced jet, that is so important. I have indicated Chairman of the Joint Chiefs of Staff; the F–35, which can be used by all that we are going to go back to the the Secretary of the Air Force; the branches of the military service, would way we used to do business in the Sen- Chief of Staff of the Air Force. Can you create similar jobs—jobs that actually ate. I have done that during the time I believe that? And we are going to try will enhance our national security. have had this job. We have this—this to move forward in doing this, and no That is what this is all about. That is year we have had an open amendment one wants it in the military. All of what this bill is about, the Defense au- process except on rare occasions. I have those have prudently pointed out that thorization bill. stood here when we have done abortion buying more F–22s that we don’t need Finally, President Obama has amendments, gun amendments, you means doing less of something we do pledged to veto this Defense authoriza- name it. I have told Senator MCCON- need. tion bill if it includes continuing to NELL I wish this were not the case, but Some have encouraged us to continue build this obsolete airplane. And he that is why we are here, to make tough making this Cold War-era plane be- will veto it. That is a risk, and why votes and easy votes both. cause it creates jobs for those who would anyone want to take it? I spoke So I hope we can work something build them. Being a little bit personal to the President’s Chief of Staff yester- out, where we can resolve this matter here, the stealth airplane was devel- day. The President is going to veto this tomorrow during the daylight hours; oped in the deserts of Tonopah, NV. It bill. This is kind of an: Oh, he will otherwise, we will do it tomorrow was a wonderful thing our country did. never do that. He will. night. Each of these airplanes had its own Cutting funding for wasteful pro- The PRESIDING OFFICER (Mr. BEN- hangar up in the desert because the So- grams is good for our economy, good NET). The Senator from Arizona is rec- viet satellites came over, and they for our workers, and good for the con- ognized. couldn’t come out in the daytime. tinued military dominance of our coun- Mr. MCCAIN. Mr. President, I thank These pilots were trained so effi- try. I oppose continuing to build a the majority leader for his words con- ciently; everything they did was in weapon that will compromise our na- cerning the parliamentary situation we

VerDate Mar 15 2010 14:38 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00039 Fmt 0686 Sfmt 0634 E:\BR09\S15JY9.001 S15JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD 17796 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 13 July 15, 2009 are in. Of course, I am very appre- ary Committee, move it to the floor, I proposed earlier a unanimous-con- ciative of his words about the long and allow us to amend, debate, and dis- sent request, which was rejected by the service we have shared together, both cuss the issue? Instead, it is put, as an majority, that we move back to the F– in the other body and in the Senate. amendment, on the Defense authoriza- 22 amendment, that we dispose of this Since I have returned from the cam- tion bill. legislation, and then that we move to paign trail, I have appreciated his kind That is not right, Mr. President. The the hate crimes bill, the Matthew words about my service to the country. fact is, the amendment the majority Shepard Hate Crimes Prevention Act, I must say, while the majority leader is leader just, very rightfully, extolled, even bypassing the Judiciary Com- still on the floor, I might point out the Levin-McCain amendment—and I mittee, which is not a normal thing to that they are dramatically different appreciate his strong remarks about do given the complexity of the issue. from the comments he made about me the importance of it—is the one he I am deeply moved by the stories the during the campaign—not just our po- wanted withdrawn. The reason we are majority leader told, and both Sen- litical differences but my qualifica- not debating it now is because the ma- ators from California came to the tions to serve and other statements jority leader told the chairman of the floor, and many others have given very about my character. All those things committee to withdraw the amend- graphic and dramatic and compelling are said in political campaigns, but I ment. stories recounting terrible things that am certainly glad to see sort of a sig- I appreciate his passionate advocacy have happened to our citizens—hor- nificant change in his comments con- of this issue. I also want to reempha- rible, awful, horrifying things. I under- cerning me, and I am always very size this isn’t just about $1.75 billion. stand that and my sympathies and grateful. This amendment is about whether we thoughts and prayers go out to their Can I also say that the distinguished are going to change, fundamentally, families. We must do everything in our leader said he couldn’t understand that the way we do business. power to make sure these kinds of hor- I couldn’t understand. Well, the thing I If the opponents of the amendment rendous acts are never repeated. can’t understand is the fact that the succeed, and we fund additional F–22 Let me point out another thing, if I aircraft, which as the majority leader majority leader can, by virtue of being could. There are also men and women pointed out has never flown in Iraq or majority leader, put legislation at any in the military who are in harm’s way Afghanistan, that signal to the mili- time before this body. I have never now and who have been gravely wound- tary industrial complex, which Presi- been majority leader, and in all candor ed. The sooner we enact this legisla- dent Eisenhower warned us about is I never want to be majority leader. I tion, we will make preparation and be business as usual in our Nation’s Cap- think the majority leader in the Sen- able to better care for them. itol. Mr. President, I don’t usually tell ate has a very tough job. I appreciate So this is an amendment that has these anecdotes. I heard a lot today, the hard work he does in trying to transcendent importance. The Presi- and I sympathize with them. Before the move legislation through the Senate. dent has guaranteed a veto. The Sec- majority leader took the floor, I was My former colleague and one-time ma- retary of Defense came out and staked outside the Senate Chamber. There was jority leader, Senator Lott, once said his reputation on succeeding here and a young man there who said he wanted that being majority leader of the Sen- eliminating, bringing to an end the F– to meet me—a young marine in a ate was like herding cats, and I cer- 22 production line and moving forward wheelchair, badly wounded. He was tainly agree with that assessment. with the F–35 production line. there with his family. He was escorted So let me say I appreciate the work A lot of my friends ought to under- by Congressman KENNEDY. I was grati- the majority leader does, but if I had stand this is not just about cutting or fied and moved that he wanted to meet been majority leader, I would never eliminating or ending production of the me. have had to do any of those amend- F–22. It is also about the F–35 aircraft. Do you know what. That made me ments. The majority leader sets the If I had been majority leader, I would want to come back here and pass this agenda for the Senate. All he has to do have—when he described those amend- legislation as quickly as possible be- if he wants the hate crimes bill up is to ments I put on bills that were before cause this legislation, No. 1, provides schedule it to be taken up and debated the Senate, it was because I could not fair compensation and first-rate health and discussed and amended—but in the get them up in any other way. care and addresses the needs of the in- regular order of the Senate. Instead, he Let me say this: Hate crimes legisla- jured and improves the quality of life chooses to put it on the Defense au- tion deserves the attention of the Sen- of the men and women of the All-Vol- thorization bill, a bill that is vital to ate in the normal legislative process unteer Force—Active Duty, National the future of the security of this Na- with amendments, debate, and discus- Guard, Reserve, and their families. tion. sion. If it is so important, and speaker That is the No. 1 priority of this legis- I understand his passion concerning after speaker, including the majority lation. hate crimes. I have heard speakers leader, came to the Senate floor talk- Instead of moving this legislation as come to the Senate floor all day, and ing about how important and vital it is quickly as possible through the Senate, they, in very graphic and moving and all of the terrible things that have we have now withdrawn the amend- terms, described events, as I am sure happened as a result of, in their view, ment and moved on to a piece of legis- the next speaker will—about the ter- not having this bill—although that is lation that has nothing to do with the rible crimes committed in this country not in agreement with the U.S. Com- purpose and our obligation to the men by some of the worst of the worst peo- mission on Civil Rights. But the fact and women serving this country. ple who have ever inhabited this coun- is, then you would think we would I understand what numbers are, and I try. want to take it up in the regular fash- understand what the outcome of elec- But the question remains: Why ion and debate it, and that we would tions is. I understand there is a major- should a bill of this importance—the want to improve it and make it more ity on the other side of the aisle. But hate crimes legislation—not have been, effective through the amending proc- what is being done by withdrawing an at the majority leader’s direction, ess. But, no, we are not going to do amendment that has transcendent im- moved through the Judiciary Com- that. We are going to take down the portance and putting another totally mittee, reported out, and reported to pending amendment that is probably unrelated piece of legislation in—it the floor of the Senate? We have been one of the most significant amend- may set a dangerous precedent for this in session since January. I am sure the ments we have had in recent history of body. Judiciary Committee has a lot to do. the Senate—at least as far as defense is This is not a one-shot deal; this the This has been described by proponents, concerned—and replace it with a piece hate crimes bill. This is not an amend- as they come to the floor, as one of the of legislation that is complex, cer- ment to say you can carry a gun in a most important issues of our time. If it tainly controversial, and certainly de- national park. This is not a single spe- is, why not move it through the Judici- serves the full attention of the Senate. cific issue bill—hate crimes. We are

VerDate Mar 15 2010 14:38 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00040 Fmt 0686 Sfmt 0634 E:\BR09\S15JY9.001 S15JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD July 15, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 13 17797 talking about a very large, encom- It is a critically important amendment germane to offer an amendment to a passing piece of legislation that, by for the reasons he has given and for the pending bill. We don’t have that rule, any rational observation, demands to reasons I hopefully have given persua- never had that rule, and probably never be considered through the proper com- sively around here, and others have as will have that rule. mittee and on the floor through the well. But that is the way the Senate oper- proper process. We have this President, the previous ates. These are important amend- We are now holding up the progress President, this Secretary of Defense, ments. Again—and I am going to close of legislation that is important to the the previous Secretary of Defense, this with this—I don’t get the logic of not future security of this country and the Chairman of the Joint Chiefs, the pre- allowing us to proceed to the Levin- men and women who serve it, to give vious Chairman of the Joint Chiefs, the McCain amendment because another them the resources, training, tech- Vice Chairman of the Joint Chiefs, the amendment that some people don’t nology, equipment, force protections, Chief of Staff of the Air Force, and the like and don’t think should be offered and authorities they need to succeed in Secretary of the Air Force saying we is going to be offered on this bill, when combat and stability operations. have enough F–22s. We have to move on what is certain is that both amend- I understand and appreciate the pas- to the F–35, which is under production, ments are going to be offered on this sion of the advocates of hate crime leg- by the way. We have 30 F–35s funded in bill. Nothing is accomplished by refus- islation. They have made it very clear this bill. ing that vote on the Levin-McCain and told compelling stories on the Sen- We have tried to get the Levin- amendment except delay. That is the ate floor. I believe we must take it up McCain amendment to a vote. We tried only thing accomplished by the refusal and enact it as immediately as pos- to reach an agreement and a time. We of whoever it was who refused to agree sible. What we should be doing is tak- could not get an agreement on the to a time to vote on Levin-McCain, ing up the hate crimes bill in the Sen- time. That is what has then precip- nothing was accomplished except ate for full debate and discussion as itated the decision of the majority delay. And that, I don’t think, is in soon as we finish the Defense author- leader to move on to the hate crimes anybody’s interest, for the reasons ization bill. There is no connection be- amendment. We have simply tried, day Senator MCCAIN gave. tween the Defense authorization bill after day, to get a vote, without suc- We want to get this bill passed. We and hate crimes. It is a complex and cess. want to get it conferenced. We want to I could not agree more that this is a detailed—26 pages, as I recall—piece of get it to the President, hopefully, by critically important amendment, and legislation. the time this fiscal year is over be- we have to end production of a weapon Again, I appreciate the kind com- cause the troops deserve us to act. system that we no longer need, accord- I am going to vote for the hate ments of the majority leader, who ing to top civilian and military ex- crimes amendment. I believe it is very came to the floor and said he couldn’t perts, and focus more on the F–35, appropriate that it be on this bill. I understand certain things I have done. which is going to be used by all three spoke 2 years ago to this effect, and I I hope the majority leader understands of the services, not just one. It will will speak again at the right time, per- better now. If he doesn’t, I will be glad have greater capabilities in very crit- haps tomorrow if there is time, as to to come to the floor again and point ical areas than the F–22, and it will why the hate crimes amendment be- out that what we are doing is wrong. It cost significantly less than the F–22. longs on this bill. It is an important is wrong for us to get off the legisla- But we could not achieve that. amendment. It involves acts, as the tion that provides for the defense and I don’t understand the logic or the leader and others have said, of domes- security of this Nation. It is wrong to strategies involved that say we cannot tic terrorism. The values reflected in take up a piece of legislation that have a vote on the amendment that is the hate crimes legislation are values should go through the appropriate pending—Levin-McCain amendment— which our men and women who put on committee. and then when faced with the majority the uniform of this country fight for This is what we teach kids in school leader’s amendment on hate crimes, and put their lives on the line for, a in Civics 101—that a bill is proposed forces that to a cloture vote, which is country which believes in diversity, a and goes through the proper com- going to be held—in other words, ev- country that believes you ought to be mittee, is reported out, and then it erybody understands both of these able to have whatever religion you comes to the floor of the Senate for de- amendments are going to be addressed want, be whatever ethnic group, what- bate and amendment. Instead, we are on this bill one way or the other. No- ever religious group, whatever racial violating the fundamental rules of pro- body can guarantee the outcome on group you are part of, whatever your cedure of the Senate. these amendments. But what can be sexual orientation, whether you are As we continue and vote at 2 a.m.—or guaranteed is that these amendments disabled, regardless of your gender, whatever it is that we are going to do— are going to be debated on this bill be- that you should be free from terror and all we will have done is delay the re- cause the majority leader has made physical abuse. sponsibility we have, which is to pro- that clear for a long time. The proce- That is what the hate crimes law vide for the security of this Nation. dures of this body allow for it. does now, except it does not include I yield the floor. The precedents of this body are full some groups who should be included, The PRESIDING OFFICER. The Sen- of amendments such as this. As a mat- including the disabled and including ator from Michigan is recognized. ter of fact, the hate crimes amendment people who are gay. That is what is in- Mr. LEVIN. Mr. President, I ask was adopted on the Senate Defense au- volved here. unanimous consent that after my re- thorization bill 2 years ago, after the It is not a new debate. We debated it marks, which will be no more than 5 same kind of debate. Debate is fair. De- 2 years ago. It is not new on this bill. minutes, Senator BROWN be recognized bate is important. Every one of us It was added in the Senate 2 years ago. for up to 10 minutes, and then Senator should protect the right of everyone I hope we can reach an agreement to CHAMBLISS be recognized for 15 min- else to debate. Whether it should go on get to a vote on both these amend- utes. this bill or another, we can debate ments. They are both going to be re- The PRESIDING OFFICER. Without that. But it is offered on this bill, as solved on this bill. That is a certainty. objection, it is so ordered. was noticed by the majority leader Again, how they are going to be re- Mr. LEVIN. Mr. President, first, my days ago. It is what we have done years solved no one knows. We can guess as dear friend from Arizona has spoken ago. It is totally consistent with the to what the outcome will be. They will very eloquently about the transcendent rules of the Senate. As a matter of both be close votes, I believe. Let’s get importance of the Levin-McCain fact, it has been done repeatedly in the on it and get through those votes. amendment. I could not agree with him Senate. I yield the floor. more. We tried for 2 days to get an Maybe we should adopt a new rule The PRESIDING OFFICER. The Sen- agreement to vote on that amendment. that says you have to be relevant or ator from Ohio.

VerDate Mar 15 2010 14:38 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00041 Fmt 0686 Sfmt 0634 E:\BR09\S15JY9.001 S15JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD 17798 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 13 July 15, 2009 Mr. BROWN. Mr. President, I ask who cannot afford to provide health in- So when this bill passes, when the unanimous consent to speak as in surance. Maybe they lost their job. President signs this bill in October or morning business. Maybe they cannot afford their share November, there is a reasonably good The PRESIDING OFFICER (Mr. of the premium for employer-sponsored chance that the cost of your insurance, BEGICH). Without objection, it is so or- coverage. Maybe they have a pre- whether you are the employer, whether dered. existing condition that makes them you are the employee, will stabilize. AFFORDABLE HEALTH CHOICES ACT undesirable to the insurance industry. The costs will stabilize and maybe go Mr. BROWN. Mr. President, I grew up Maybe they cannot pay their mort- down. in Mansfield, OH, a middle-class town gage, feed their children, and pay for I mentioned this bill was developed of about 50,000 people, halfway between nongroup health coverage. Unfortu- with a few core principles in mind. No. Cleveland and Columbus, in north cen- nately, for many Americans, some- 1, people who like their current insur- tral Ohio. It is a town similar to thou- thing had to give. But not anymore. ance can keep it. No. 2, people under- sands of other cities in Ohio such as This bill is for them. insured or uninsured should be able to Marion, Zanesville, Xenia, Springfield, Two weeks ago in Columbus, I was find good coverage and pay a reason- Portsmouth, Chilcote, and Ravenna. It having breakfast with my daughter and able premium for it. They will have is a town not much different from doz- a friend—a young woman who teaches full choice of private insurance or, the ens of cities around our Nation. voice lessons. She just graduated from third point is, Americans should have My dad was a family doctor. He prac- college. She is working at this res- choices they want. This bill includes a ticed into his late seventies. He lived taurant part time while she finds more strong public health insurance option to be 89 and died about 9 years ago. My and more students to teach voice les- designed to increase price competition dad for years made house calls, caring sons as she begins her business. She in the health insurance industry and to for his friends and neighbors, regard- does not have health insurance. She help keep private insurers honest. less of their ability to pay. One pa- came up and said: Are you going to And speaking of honest, another tient, I remember, gave my dad a little give me health insurance this year? principle behind this bill is that health arrowhead collection after my dad had I said: Yes. It is a commitment of the insurers should do what they are paid done very important work for his President of the United States. We are to do. This bill includes new rules to health. going to finish this bill this year. prevent insurers from denying you cov- Today the Health, Education, Labor, I am going to send her a note tonight erage for preexisting conditions, termi- and Pensions Committee passed his- telling her what we did today. nating your coverage just to save toric health reform legislation that re- Not too long ago, I was at a grocery money or excluding you from coverage stores my dad’s sense of quality and store in Avon, OH, near my home. My because of your age or health history. compassion in our health care system. wife asked me to find water crackers. I There are two things going on here: This legislation was not written for didn’t know what water crackers were. One, we are putting rules on the insur- the insurance industry. It was not I was standing in the aisle, and I asked ance industry so they cannot keep drafted by the drug industry or any a guy: Do you know what water crack- gaming the community rating system, other segment of the health care indus- ers are? can’t keep imposing preexisting condi- try. We remember not that long ago in He said: They are right there. This is tions on potential people they insure, this Chamber—I remember it more in- a gentleman who is self-employed and can’t lock people out who are too sick tensely at the other end of the Hall in sells food products, mostly crackers and they don’t want to cover. the House of Representatives where I and cookies, for a national company. First is the rules. Second is creation sat on the Health Committee—we re- He sells them to local grocery stores in of a public option, which will mean member in those days the drug compa- Lorain County. He said to me: I am competition. We make sure insurance nies wrote the Medicare laws, and the self-employed. Are you going to pass companies are doing the right thing by health insurance industry wrote health the public option I need to make sure the rules, but we also inject competi- care legislation. Those days are gone. you can keep the health insurance in- tion, so public option will compete This bill is not for them; it is for the dustry honest and I can get decent with private insurance companies. American people. health coverage? This bill was written for American The health care industry does not I said: Yes, we are—because we are. families, for American patients, for like this bill that much. That is be- This bill is for them. It is for the American businesses, and for American cause they did not get their way on young woman in Columbus, it is for the taxpayers. This bill is a victory for the issue after issue. They did sometimes. younger man in Avon, the man ap- thousands of Ohioans who shared with They did dramatically on occasion in proaching middle age, it is for him. me their struggle for our health care our committee. But, by and large, this This bill was developed with a few system. It is about retiree Christopher bill is not for them. This bill is for the core principles in mind. First, Ameri- from Cincinnati. He is worried his shat- American people. It is for American cans who like their current health cov- tered retirement savings and small families who are afraid that erage should be able to keep it. If you pension won’t keep up with rising in- unaffordable health care costs will have good insurance, if you like your surance premiums. deny their children a chance for a employer-based insurance, by all This bill is about breast cancer sur- healthy life. means keep that insurance. Keep what vivor Michelle from Willoughby, OH, Everybody in this Chamber has met you have. This bill is designed to pro- Lake County, east of Cleveland, who dozens of children such as that who tect existing coverage while putting should no longer live, in her words, needed the Children’s Health Insurance downward pressure on health insurance ‘‘for the sum of my work is to pay for Program to keep their families from premiums. What is going to happen to insurance.’’ going bankrupt and to keep their those people who now have insurance? It is about the children that Darlene, health care going. Children who need Right now if you have decent insur- a school nurse from Cleveland, treats this health care legislation, families ance, you are also paying the cost; each day who struggle in school be- who need this bill too often choose be- when you go to the emergency room cause they are worried about a sick tween medicine and food, between with your insurance, you are also pay- parent or grandparent who cannot get heating their homes in the winter and ing the cost of somebody who goes to the health care they need. cooling their homes in the summer on the emergency room without insur- It is about small business owner the one hand and going to the doctor ance. You are paying the cost that doc- Kathleen from Rocky River, who is on the other. tors and hospitals and, frankly, tax- trying to do right for her employees This bill is for American families payers provide for those people without but whose small business is being that do not have health insurance at insurance. You are absorbing those crushed by exorbitant health insurance all. Maybe they work for an employer costs. costs.

VerDate Mar 15 2010 14:38 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00042 Fmt 0686 Sfmt 0634 E:\BR09\S15JY9.001 S15JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD July 15, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 13 17799 It is about Karen from Toledo, whose providing health care to those in need. where march with you.’’ These words adult son has advanced MS, and for 5 Senator KENNEDY’s activism and deter- ring true, even after 65 years, as our years she has seen her savings drained, mination made this day possible. My military continues to challenge threats forcing her to drop out of college. Senate colleagues and I and millions of to freedom, democracy and the Amer- It is about these Ohioans. It is about Americans who may finally see the day ican way of life. Ohioans in Lima, Springfield, Volare, when there is quality affordable health Our country continues to do its best St. Clairsville, Pickaway, and Troy. It care owe him our gratitude and thanks. to honor the incredible bravery and is about people around this country, In closing, of all injustices, Martin sacrifice of our men and women in uni- the millions who work hard, play by Luther King once observed: ‘‘Injustice form. The Honor Flight Program is a the rules, who still struggle each day in health care is the most shocking and reflection of the admiration and appre- with disease and despair. It is about inhumane.’’ ciation that all Americans have for the their stories, those who have inspired This day is a victory for Ohio fami- military. I take great pride in rep- us to stand with them and not be in- lies, it is a victory for seniors and mid- resenting many brave veterans from timidated by the special interests that dle-class families around the Nation Kentucky and in doing what I can to are spending $1 million every single who deserve the humane justice of an show our Nation’s reverence for them. day lobbying to try to write this bill— affordable health care system that The names of the 66 World War II vet- the insurance companies, the drug works for all of them. erans from the Commonwealth are as companies that have had such a huge We have a historic opportunity to follows: influence in the Halls of Congress over make fundamental improvements to Richard Straub; George Hoffman; Robert the last several years but this time did our Nation’s health care system. We Willman; Charles Junkins; Norman Reiss; William Taylor; Mary Phillips; Walter not have the kind of influence they must not squander it—not in this Na- Brumfield, Sr.; Raymond Bumann; Lawrence wanted. tion, not at this time. Mayfield; Thomas Crump; Albert Because of this bill, more Americans f Tomassetti; Eugene Heimerdinger; Fletcher will be able to afford health care. Cru- Williams; Paul Lawson; Millard Allen; Paul cial national priorities will not be MORNING BUSINESS Jordan; Joseph McConnell; Harry Greavesl; crowded out by health care spending. Mr. BROWN. Mr. President, I ask Robert Bohan. No longer will exploding health care unanimous consent that the Senate John McCord, Jr.; Louis Stafford; Walter proceed to a period for the transaction Martin; Stanley Adkins; James Thomas; Wil- costs cut into family budgets, wear liam Wilson; Harold Hoover; Kenneth Elliott; down businesses, drain tax dollars from of morning business, with Senators Johnie Hayes; Peter Johnson, Sr.; Robert local governments, from State govern- permitted to speak for up to 10 minutes O’Bryan; Frank Rose; Norbert Gnadinger; ments or from Federal budgets. each. Martin Lambright; Robert Zangmeister, Sr.; This bill uses market competition The PRESIDING OFFICER. Without Walter Jewell, Jr.; James Keene; George and common sense to squeeze out an ef- objection, it is so ordered. Pope; Richard Thompson; Orland Warth. ficiency, to maximize quality to ensure Raymond Ludwick; Arthur Lowe; Ralph f Hammerle; Roy Six; Arthur Wissing; Louis every American has access to quality, HONOR FLIGHT VETERANS Guettzow; Howard Mather; Allen Kessler; affordable coverage. TRIBUTE Harold Finnell; William Boyd; Wilbert More work is yet to be done. We have Block; Claude Decker; George Garth; Joseph taken a long step toward the day that Mr. MCCONNELL. Mr. President, I Wilson; Lloyd Hoagland; William Zeitz; Vin- generations before us have prepared us would like to take a moment to recog- cent Heuser; Oscar Disney, Jr.; Nat Bailen; for, that pushed this government to do nize an inspiring group of World War II George Keltner; Richard Zogg; Taylor David- more and do better. veterans from the Commonwealth who son; Pauline Thompson; Henry Hardy, Jr.; Abner McMaster; Stanley Fischer. This started in the 1930s when Harry visited our Nation’s Capitol on the 65th Truman wanted to include Medicare or anniversary of the D-day invasion. The f some version of national health care noble work of the Honor Flight Pro- HIV TRAVEL AND IMMIGRATION with Social Security but thought he gram and the leaders at its Bluegrass BAN Chapter made it possible for these could not get it passed and settled for Mr. DURBIN. Mr. President, the De- Social Security. Harry Truman tried in World War II veterans to visit their partment of Health and Human Serv- the late 1940s. Lyndon Johnson success- memorial on the National Mall free of ices has taken an important and over- fully pushed through Congress, with charge. I have been privileged to par- due step toward ending our Nation’s strong Democratic majorities in each ticipate in previous Honor Flights from discriminatory ban on HIV-positive House, to create Medicare. We have Kentucky, and I very much regret that visitors and immigrants. tried ever since. This is the time. my schedule prevented me from at- On July 2, 2009, the Department of I thank Senator DODD for his leader- tending the one that took place on Health and Human Services published ship of the HELP Committee over the June 6, 2009. I hope to have the oppor- proposed regulations that would lift last few weeks. It was an impressive tunity to join participants from my the HIV travel and immigration ban. and productive process from beginning home State on Honor Flight trips in This policy change would remove HIV to end. We worked in a deliberate, bi- the near future. from the list of ‘‘communicable dis- partisan manner. I wish to express my tremendous eases of public health significance.’’ The PRESIDING OFFICER. The Sen- gratitude to the 66 Kentucky veterans While we all know that HIV infection ator’s time has expired. who were here that day for having is a serious health condition, it does Mr. BROWN. I ask unanimous con- served to protect our great Nation’s not represent a communicable disease sent for 2 additional minutes. principles from the enemies of freedom. that is a significant threat for trans- The PRESIDING OFFICER. Without As Americans, we are forever indebted mission and spread to the U.S. popu- objection, it is so ordered. to the heroic men and women of the lation through casual contact. Offi- Mr. BROWN. We worked in a delib- U.S. military who defend this great Na- cially ending this long-standing ban erate, bipartisan manner, spanning 13 tion and all it represents. In fighting will help remove the stigma and dis- days, 287 amendments were debated, for prosperity and freedom around the crimination often associated with HIV. and 161 Republican amendments were world, the veterans of World War II The United States is one of 12 coun- included in this bill. We worked hard to risked everything, earning the title of tries in the world that ban HIV-posi- make sure this bill reflects broad the ‘‘greatest generation.’’ tive visitors, nonimmigrants and im- ranges of views and best serves the As General Eisenhower said in his migrants. It seems illogical that the American people. message to the troops just before the United States, a country that is a lead- A special thank you to my friend and invasion at Normandy: ‘‘The eyes of er in the fight against the global HIV/ colleague, Chairman KENNEDY, whose the world are upon you. The hopes and AIDS epidemic, should legally ban all Senate career has been dedicated to prayers of liberty loving people every- non-Americans who are HIV-positive.

VerDate Mar 15 2010 14:38 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00043 Fmt 0686 Sfmt 0634 E:\BR09\S15JY9.001 S15JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD 17800 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 13 July 15, 2009 The current travel and immigration proposed regulation finalized in the companies and bank accounts, and lax ban prohibits HIV-positive foreign na- coming months. rules for identification of account hold- tionals from entering the United f ers, make it relatively easy to launder States unless they obtain a special illicit money. The lack of information COMBATING CORRUPTION IN waiver. This waiver is difficult to ob- across borders hampers investigations AFRICA tain and only allows for short-term and prosecution efforts and slows the travel. Immigrants who want to be- Mr. LEAHY. Mr. President, as the return of stolen money. come legal permanent residents by ap- world goes through this difficult eco- The New York Times article tells the plying for a green card are subject to a nomic period it is important that we story of Nuhu Ribadu, the former di- medical exam. Many individuals who continue efforts that began when times rector of the Economic and Financial have been denied a green card because were better. Crimes Commission in Nigeria, who led of their HIV status confront a di- A June 10, 2009 article in the New a courageous effort to begin to rid Ni- lemma—either they go home where York Times entitled ‘‘Battle to Halt geria of its endemic corruption prob- they might not have access to effective Graft Scourge in Africa Ebbs’’ notes lem but barely avoided an assassina- treatment or violate American law by that because of a series of assassina- tion attempt and was dismissed last remaining in the United States. tions, dismissals, and changes in power year after reportedly refusing a $15 The ban undermines public health ef- across the African Continent, some of million bribe from a state official he forts by keeping researchers, advocates Africa’s previous efforts to fight cor- was investigating. In testimony before and experts from even entering the ruption are weakening. It is estimated the House Financial Services Com- country. The current regulation stig- that a trillion dollars obtained through mittee earlier this year, Mr. Ribadu matizes and discriminates against peo- corrupt practices changes hands every pleaded that this country do all that it ple living with HIV and AIDS without year around the world, and a large part can to fight this global problem saying, justification and has serious con- of it in Africa. This staggering amount ‘‘What can you do as a country, as a sequences on individuals, families and is often the revenues from the extrac- good people of the world, as leaders, to our Nation. It separates loved ones, de- tion of natural resources like oil or help be on the side of the 140 million nies American businesses access to tal- diamonds, but instead of going to help desperately poor Nigerians?’’ ented workers, and bars students and the impoverished people of the country While there is no question that this tourists from accessing opportunities where the resources are located, it too is a problem that requires the hard and supporting our economy. Due to often goes to line the pockets of cor- work and sacrifice of citizens of the the ban, there have not been any inter- rupt officials. If it were possible to re- countries where these crimes are tak- national conferences on HIV/AIDS in duce by just one-quarter the amount of ing place, we also need to do what we the United States since 1990. money stolen, the amount saved would can in the United States to stand with The ban originated in 1987, and was be five times as much as we spend an- those people who are taking risks to explicitly codified by Congress in 1993, nually on foreign aid. rid their countries of the corruption despite efforts in the public health On his recent visit to Accra, Ghana, that destroys governments and whole community to remove the ban when President Obama made it clear that societies. Congress reformed U.S. immigration the responsibility for good government There are a few things we can start law in the early 1990s. While immigra- and with it, development, in Africa ul- doing now. We can do more to hold our tion law excludes foreigners with any timately rests on the shoulders of Afri- domestic banks accountable for the ‘‘communicable disease of public cans. He said ‘‘repression can take money they have. We can put regula- health significance’’ from entering the many forms, and too many nations, tions in place that will make the hold- U.S., only HIV was ever explicitly sin- even those that have elections, are ing of illegal international money no gled out in the Immigration and Na- plagued by problems that condemn longer a profitable enterprise. We can tionality Act. For all other commu- their people to poverty. No country is open up international channels of com- nicable diseases, the Secretary of going to create wealth if its leaders ex- munication to make sure that, while Health and Human Services determines ploit the economy to enrich themselves maintaining appropriate levels of pri- whether a particular disease is of pub- . . . or if police can be bought off by vacy, we provide investigators overseas lic health significance and should drug traffickers. No business wants to access to the records they need to therefore constitute a ground for ex- invest in a place where the government track down and prosecute cases of graft cluding noncitizens from entering or skims twenty percent off the top . . . in their countries. We should do all we immigrating to the United States. or the head of the port authority is can to prosecute those who receive Last year, I strongly supported the corrupt. No person wants to live in a bribes by cutting off funds and, as Tom Lantos and Henry Hyde United society where the rule of law gives way much is possible, expanding our courts’ States Global Leadership Against HIV/ to the rule of brutality and bribery. jurisdictions to prosecute those who AIDS, Tuberculosis, and Malaria Reau- That is not democracy, that is tyr- extort money. And finally, we can thorization Act of 2008, which Congress anny, even if occasionally you sprinkle come down hard on companies in the passed and the President signed into an election in there. And now is the United States that are using bribery to law. Included was a provision that re- time for that style of governance to increase their profitability in third moved the language from the Immigra- end.’’ world markets. tion and Nationality Act mandating I wholeheartedly agree with the This is a problem that many brave that HIV be on the list of diseases that President, and I also know that bribery Africans have tried to tackle head on, bar entry to the United States. This depends on at least two parties—those and it has cost some of them their provision returned regulatory author- who get paid and those who pay. Halli- lives. Let us make sure that we are ity to the Secretary of Health and burton/KBR, a name we have all be- doing all we can to help. Human Services to determine whether come familiar with for brazenly over- f HIV should remain on a list of commu- charging American taxpayers in Iraq, nicable diseases that bar foreign na- is reportedly under investigation for COMMENDING TOM AND MAGGIE tionals from entering the United allegedly paying over $100 million in RYAN States. bribes in Nigeria in order to secure oil- Mr. LEAHY. Mr. President, I would By proposing this regulation the ad- field contracts. Although we do our like to salute Tom Ryan and his daugh- ministration is making a clear state- best to investigate terrorist financing, ter, Maggie, of Shelburne, VT, for their ment that the United States does not U.S. banks are not required to fully in- goodwill gesture at a recent Boston discriminate against people with HIV vestigate the sources of their funds, Red Sox game. and does not endorse misconceptions of and the proceeds of corruption can Last week, Tom and Maggie were at the past. I look forward to seeing the sometimes get through. Offshore shell Fenway Park cheering on the Red Sox,

VerDate Mar 15 2010 14:38 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00044 Fmt 0686 Sfmt 0634 E:\BR09\S15JY9.001 S15JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD July 15, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 13 17801 and they ended up with the baseball room opened and in walked Ortiz, grinning ery Act is based on a bill that, first David Ortiz—better known in Red Sox from ear to ear. Senator TALENT, and now Senator Nation as Big Papi—hit over the Green He’s a mountain of a man,’’ Ryan said. THUNE and I have been working on for Monster for the 300th home run of his ‘‘Big smile, big hands, big heart. He was a number of years. genuinely very grateful, kind of giddy, kind As included in the economic recovery career. of excited.’’ I had the good fortune to meet Big Ryan said he asked Ortiz what he was package, the Build America Bonds pro- Papi last year at the White House cele- going to do with the ball and said Ortiz told vision allows any State or local gov- bration honoring the 2007 Red Sox him and Maggie that he had talked to his ernment that can issue tax exempt World Series championship, and I was dad that morning and was going to give the bonds to issue what are called Build delighted to learn Tom and Maggie had ball to his father while visiting him during America Bonds. These bonds can offer the opportunity to meet Big Papi too the upcoming All Star break. either a tax credit for investors or a and present him with the historic ball. In return for the ball, Ortiz gave Ryan and Federal subsidy to issuers, of 35 per- Maggie one of his bats and signed it. Maggie, In honor of the Ryans, and this im- cent of the interest earned over the life 17 and an incoming Champlain Valley Union of the bond. portant moment in Red Sox history, I High School senior, was with her dad in Bos- ask unanimous consent that a copy of The bonds can only be issued through ton to check out colleges, and happened to the end of 2010, but during that time the Burlington Free Press’s story, be wearing an Ortiz Red Sox T-shirt. Vermont Man, Daughter Make Big So Ortiz signed that, too. there is no limit on the number or Papi’s Day, by Sam Hemingway be ‘‘It was just luck,’’ Maggie said of the shirt amount of Build America Bonds that can be issued. One of the reasons I am printed in the RECORD. she chose to wear that day. ‘‘I also have a There being no objection, the mate- (Jason) Varitek and a (Jacoby) Ellsbury talking to my colleagues today about rial was ordered to be printed in the shirt.’’ Varitek is the Red Sox catcher, them is that the clock is ticking on Ellsbury the team’s center fielder. that deadline, and I want to make sure RECORD as follows: Dad and daughter eventually returned to every Senator here knows how much [From the Burlington Free Press, July 12, their seats and passed the Ortiz bat around Build America Bonds can benefit the 2009] among their seatmates. folks back home. The end of 2010 will VERMONT MAN, DAUGHTER MAKE BIG PAPI’S Later in the game, the Major League Base- ball person again asked to speak to them, be here before you know it. DAY As communities deal with the reces- (By Sam Hemingway) questioning them some more in order to make sure the ball Ryan gave Ortiz wasn’t sion, they need new tools to finance es- SHELBURNE.—Going to Fenway Park is one slugged into the stands during batting sential construction projects. Build akin to going to church for die-hard Boston practice. America Bonds has put a new tool in Red Sox fan Tom Ryan. The Ortiz bat now sits on a shelf in the their toolbox. So imagine what it was like for the 46 Ryan living room. Maggie has her signed Before these bonds started being year-old Shelburne resident to meet David Ortiz T-shirt, but it’s unlikely she’ll be wear- ‘‘Big Papi’’ Ortiz, Boston’s beloved slugger— issued, the market for normal munic- ing—or washing—it much more in the future. inside the team clubhouse and within sight ipal bonds was frozen. It was very hard Ryan said he asked the Red Sox for one of the locker room. to sell municipal bonds, but that didn’t last favor on Thursday night. Ryan and his daughter, Maggie, had that mean the need for financing infrastruc- Would it be possible, he queried, for him to Red Sox dream-come-true moment Thursday ture wasn’t still there. bring his wife Lucia, and the family’s other night when Ryan ended up in possession of two children all of them passionate Sox Tax credit bonds, in the form of Build the baseball that Ortiz ripped for his 300th fans—back to Fenway Park sometime this America Bonds, were designed to help homer in the first inning of what ended in an summer and visit with Ortiz again? thaw the bond markets. 8–6 loss to the Kansas City Royals. And it has worked. They are selling ‘‘It didn’t get out by much,’’ Ryan said, re- ‘‘They told me they did not think it would be a problem.’’ like hotcakes. calling the moment the ball zoomed off Or- Tax-exempt or tax-deferred inves- tiz’s bat and hit the top ledge of the Green f tors, such as pension funds and IRAs, Monster wall in left field. BUILD AMERICA BONDS The ball ricocheted off the wall and fell to aren’t usually interested in municipal the ground below Section 33, Box 165, Row Mr. WYDEN. Mr. President, these bonds. But by providing the option of a LL, a spot that overlooks left field half way days the country’s attention has right- direct payment instead of tax-exempt between third base and the Green Monster. ly been focused on turning its financial interest, Build America Bonds have That’s where Ryan and Maggie were, in fortunes around and getting people opened up new markets for State and Seats 5 and 6, when Royals’ leftfielder Jose back to work. The President, his advis- local governments. Guillen picked up the ball and, acknowl- I am not surprised that Build Amer- edging the appeals in the seats above, tossed ers, folks in the agencies, and in Con- gress have been working night and day ica Bonds are proving to be very at- the ball into the stands—and into Ryan’s tractive to investors. They are a good hands. to find the solutions that will help the ‘‘We were just excited because it was a Big nation climb out of the financial hole deal for both the investors and our Papi home run,’’ Ryan said. ‘‘People around it is in. communities. They have freed up fi- us were all charged up, too.’’ I would like to point out that there is nancing for badly needed infrastruc- Moments later, a security guard ap- one portion of the American Recovery ture construction and created jobs and proached Ryan and asked him to come with a foundation for long-term economic and Reinvestment Act that is doing him. Ryan thought perhaps he had done growth. something wrong and that maybe he and just that, but it is not getting a lot of So far, more than $9.5 billion worth Maggie were going to get kicked out of attention. It is a creative solution. It is of Build America Bonds have been Fenway Park. putting jobs back in our economy. And, issued, making it easier and cheaper Instead, the guard told him the homer was most importantly, it is working. for cash-strapped State and local gov- Ortiz’s 300th and that Big Papi had asked for The Build America Bonds portion of someone to find out if he could get the ball ernments to access capital and grow the Recovery Act has been a great suc- jobs. The State of California, the New back. Ryan said he was glad to comply with cess, allowing State and local govern- Ortiz’s request. Jersey Turnpike Authority, the Uni- ‘‘To me, it was the right thing to do,’’ he ments to issue more than $9.5 billion versity of Virginia, and the Milan Area said. worth of these innovative bonds. They School District in Michigan are just So he, Maggie and the security guard have already begun shoring up our in- some of the issuers of Build America walked over to the team’s clubhouse. frastructure and putting jobs back in Bonds since the passage of ARRA. Along the way, a representative of Major communities where times are tough. Build America Bonds have earned League Baseball approached them and ques- That $9.5 billion of investment sup- support from organizations across the tioned Ryan about how he got the ball, just ports more than 3,000 jobs. country that understand how the ur- to make sure it really was the one that Ortiz had just hit. Only 19 active baseball players Build America Bonds have been such gent need is to shore up our infrastruc- have hit 300 or more homers. a quiet success, so some of you might ture and create jobs: the American As- When the group entered the clubhouse to not be familiar with what they do. The sociation of State Highway and Trans- make the ball exchange, a door across the provision that ended up in the Recov- portation Officials, the Chamber of

VerDate Mar 15 2010 14:38 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00045 Fmt 0686 Sfmt 0634 E:\BR09\S15JY9.001 S15JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD 17802 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 13 July 15, 2009 Commerce, and the National Associa- Build America Bonds are an example ings where she lived her life are essen- tion of Manufacturers. I appreciate of the creative solutions people are tial to protecting her legacy. Harriet that support. looking for Congress to implement dur- Tubman’s impressive life story is an We recently had another positive ing these uncertain economic times. I example of how one should fight milestone in the story of Build Amer- urge my colleagues and your constitu- against injustice and work to alleviate ica Bonds. The Treasury Department ents to use them. the suffering of those around them. Her gave cities and counties around the f courageous spirit and compassion to- country the authority to issue $10 bil- wards others still makes her a role REMEMBERING HARRIET TUBMAN lion worth of Recovery Zone Build model nearly 100 years after her death. America Bonds. Mr. SCHUMER. Mr. President, I rise I am proud that Harriet Tubman made Recovery Zone Bonds are like Build today in support of S. 227, the Harriet Upstate New York her home, and I will America Bonds. They provide a Federal Tubman National Historical Park and continue to support the preservation of tax credit to the buyer or a subsidy to Harriet Tubman Underground Railroad New York’s numerous historic sites. the issuer, but with an even more gen- National Historical Park Act. This leg- erous subsidy of 45 percent of the inter- islation, which will create the Harriet f Tubman National Historical Park as a est. REMEMBERING LORRAINE PERONA Only areas hurt by the weakened part of the National Park System, will ROONEY economy can issue these bonds. They preserve one of Upstate New York’s are very targeted to the places they most important historic sites. Mr. LIEBERMAN. Mr. President, it is can do the most good. Treasury allo- Harriet Tubman entered American with the heaviest of hearts that I rise cated them based on employment de- life as a runaway slave from Maryland to remember a dear friend and com- clines in 2008. So the harder an area who made history by leading hundreds mitted public servant, Lorraine Perona has been hit, the more Recovery Zone of slaves to freedom through the Un- Rooney, who passed away early this Build America Bonds it can issue, cre- derground Railroad. Although her cou- morning. I am deeply saddened by ating jobs where they are needed most. rageous actions before and during the Lorraine’s death and will keep her In some cases, these bonds will make Civil War are well known to many friends and family in my thoughts and the difference between whether these Americans, Tubman’s dedication to prayers during this difficult time. projects come to fruition or not. In bettering the lives of former slaves Lorraine, who served the U.S. Senate other cases, they will lower the cost of after the war has been largely unrecog- for over 27 years, was one of a small projects and allow the community to nized in American History. In 1857, group of staff members I assembled to reinvest those savings in other Tubman moved from Canada to Au- assist me when I first took office as a projects. burn, NY, where her close friend and U.S. Senator from the State of Con- As with the regular Build America U.S. Senator, William Seward, bravely necticut on January 3, 1989. I was tre- Bonds, Recovery Zone bonds are only broke the law by selling her a modest, mendously fortunate to have a person authorized under current law through two-story brick house. After the Civil of Lorraine’s extensive knowledge and the end of 2010. War ended in 1865, Harriet Tubman re- years of Senate staff experience to set That is why I am encouraging State turned to Auburn where she continued up my office. She did a wonderful job and local governments that are going her humanitarian efforts by aiding and kept my office running smoothly to issue bonds to sit down and do the aged African Americans and eventually for more than 15 years—as office man- math so they can see if Build America opening a group home in 1908. Before ager and financial director—and did so Bonds will work for them. And if they her death 5 years later, the house pro- with style and grace. Many staff mem- do, I encourage those governments to vided refuge for 12 to 15 people. Harriet bers and interns passed through my of- take advantage of them while they are Tubman was also an active suffragist fice during her tenure, and all bene- available. There is no time like the during the later years of her life. Her fitted from Lorraine’s caring guidance, present to strengthen the Nation’s in- close proximity to Seneca Falls kept common sense, and expertise. Those frastructure and our communities with the city of Auburn a focal point in the who worked with her recall her willing- the jobs folks back home need. women’s rights movement. Harriet ness to go the extra mile to help her I also encourage my colleagues in Tubman died in 1913 and is buried in coworkers. One member of my staff re- Congress to begin working now to con- the Fort Hill Cemetery overlooking the members that Lorraine worked to se- tinue the success of Build America city of Auburn. cure her a parking space closer to the Bonds. As Congress struggles to find Whether it is the American Revolu- office so that she wouldn’t have very funding for a new transportation bill, tion, the War of 1812, or the women’s far to walk to get to her car after dark. innovative approaches like Build rights movement, Upstate New York After graduating from American Uni- America Bonds should be part of the has been home to many of our Nation’s versity with a degree in international solution. Recently, the Obama admin- most historic figures. Harriet Tub- relations, Lorraine subsequently istration has proposed delaying the man’s legacy is an important part of worked at Dartmouth College in charge Transportation reauthorization bill for Upstate New York’s history. The Har- of foreign study programs. Through a 18 months. If that were to happen, and riet Tubman National Historical Park contact there, she learned of an open- I hope it doesn’t, Build America Bonds and Harriet Tubman Underground Rail- ing in the office of Senator John could provide additional funding to road National Historical Park Act will Durkin, Democrat from New Hamp- bridge the gap between our Nation’s establish the Harriet Tubman National shire, and thus began her Senate career transportation needs and current fund- Historical Park to preserve many sig- in March 1977. Following her work in ing levels. nificant sites relating to her life in Au- Senator Durkin’s office, Lorraine built Mr. President, I hope my colleagues burn, such as the Tubman Home, the her career in the Senate setting up of- in Congress will also look into the ben- Tubman Home for the Aged, the fices for newly elected Members, in- efits of Build America Bonds and en- Thompson Memorial AME Zion cluding Senator CARL LEVIN, Democrat sure these unsung financial tools will Church, and her gravesite in the Fort from Michigan, in 1979, Senator FRANK continue to work helping their con- Hill Cemetery. LAUTENBERG, Democrat from New Jer- stituents and their communities from I am committed to preserving Up- sey, in 1982, and, of course, myself in coast to coast. They are effective. They state New York’s historic treasures so 1989. Throughout her time with the give benefits to both those who issue that future generations can learn the Senate, Lorraine demonstrated an ex- them and those who buy them. And lessons of the past by visiting the pertise in creating attractive, func- most of all, they solve the kinds of homes of the people who changed tional and comfortable work spaces, problems that affect the daily lives of American history. Preserving Tub- not an easy task given our limited every American. man’s home, gravesite, and other build- space and resources then.

VerDate Mar 15 2010 14:38 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00046 Fmt 0686 Sfmt 0634 E:\BR09\S15JY9.001 S15JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD July 15, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 13 17803 During Lorraine’s last few years at The hard work and dedication of Owners Steve and Rhonda Jones pur- my office, she was faced with many se- those involved with the Sheriff’s Vol- chased the inn in August 2005. Steve rious health problems. Despite her suf- unteer Services Unit not only helps had operated a convenience store and fering and hardship, she continued to save lives throughout Contra Costa catering business in the Farmington do her utmost in service to me and the County, but also saves the county the area for 23 years, while Rhonda worked citizens of Connecticut. The courage equivalent of $5 million in salaries and at the University of Maine at Farm- she demonstrated as she faced these benefits at a time when funding for ington. Depending on the season, the personal challenges served as an inspi- such programs has been reduced. inn employs between 40 and 65 people. ration for me and my staff. The dedicated men and women of the The inn has 26 rooms, plus an addi- Those of us who were lucky enough Contra Costa County Office of the tional 5 guest rooms in a newer build- to know Lorraine could not help but be Sheriff’s Volunteer Services Unit are ing. The banquet and conference cen- touched by her kindness and warmth. the embodiment of community service ter, built in 1999, has become tremen- She formed many lasting friendships in and involvement. For over 150 years, dously popular, hosting approximately the Senate community; she often spoke these volunteers have, often without 100 weddings each year. of the Senate as ‘‘home.’’ She was question for their own safety or com- The Lucerne Inn also makes dining widely respected and beloved among fort, taken heroic actions throughout out an event with a four-course meal in her Senate colleagues for her char- the County and beyond while assisting an elegant room with a scenic view acter, judgment, and professionalism. with a variety of programs. from every window. Chef Douglas Wins- It is no wonder that after her retire- I commend the men and women of low serves quality cuisine that encom- ment she continued to stay in touch the Contra Costa County Office of the passes brunch, a full dinner menu, and with so many with whom she had Sheriff’s Volunteer Services Unit for a seafood buffet, as well as a tradi- worked. their inspiring dedication to their com- tional broiled Maine lobster dinner, ∑ Lorraine was a dedicated public serv- munity. adding to the authentic Maine experi- ant who enriched this institution. I ex- f ence. The inn also hosts special wine tend my deepest condolences to COMMENDING LUCERNE INN dinners each month to showcase a di- Lorraine’s husband Bernie Rooney and ∑ Ms. SNOWE. Mr. President, summer verse array of the world’s greatest daughter Shannon for their irreplace- wines. In fact, just last Thursday able loss. is finally upon us, and as people travel evening, the inn hosted an Argentine- Mr. President, we honor Lorraine to Maine to discover and explore the themed wine dinner, with a full five- Perona’s memory and we cherish her pristine beauty of our State’s outdoors, decency and her friendship. I rise to recognize a historic Maine course meal complemented by special wine from Argentina. f lodging establishment that has hosted these travelers and adventurers for The inn maintains a historical ambi- ADDITIONAL STATEMENTS nearly two centuries. Located conven- ance by furnishing every room with an- iently between Bangor and Bar Harbor tiques. Most accommodations at the in the small town of Dedham, the Lu- inn boast a view of the lake and a gas CONTRA COSTA COUNTY burning fireplace. That said, fine din- VOLUNTEER SERVICES UNIT cerne Inn boasts fine dining and accom- modations and a picturesque golf ing and accommodations are only a ∑ Mrs. BOXER. Mr. President, one of course complemented by a stunning fraction of the Lucerne Inn experience. America’s greatest strengths is its view of beautiful Phillips Lake. The inn also boasts a 9-hole golf course spirit of volunteerism, particularly Listed on the National Register of conceived by famed course designer within the law enforcement commu- Historic Places since June of 1982, the Donald Ross, as well as a large outdoor nity. I take this opportunity to honor inn is a legendary business with an im- swimming pool and picturesque out- and recognize members of the Contra pressive history. Indeed, Dedham’s first door patios. Costa County Office of the Sheriff’s family, the Phillips, built a family At the Lucerne Inn, visitors and Volunteer Services Unit. These brave home called the Lake House in the Mainers alike are afforded the chance men and women have repeatedly dem- early 1800s. John Phillips had been to escape their daily routines and relax onstrated their dedication to their granted the land for his service in the by enjoying the serenity of Maine’s community during a time when budget American Revolution. Soon thereafter, natural beauty. Whether for pleasure cuts are paralyzing our State and local in 1814, the building became a halfway or business, the Lucerne Inn offers an law enforcement forces. house, operating as a stagecoach stop authentic taste of Maine, something Since its founding in 1850, the Contra between Bangor and Ellsworth, with that is truly irreplaceable. I congratu- Costa County Volunteer Services Unit guests partaking in food, spirits, and late Steve and Rhonda Jones and all of has grown to coordinate the activities lodging. Indeed, today’s Lucerne Inn is the employees at the Lucerne Inn for of several Sheriff’s Volunteer Groups, still housed in the original building exquisitely maintaining this gem of including an Air Squadron, Amateur built by the Phillips family. Later, dur- our State, and I offer my best wishes Radio Communications, Cadet Explore ing the 1920s, the inn and the 5,000 for their continued success.∑ Post 2406, Chaplains Program, Deputy acres around it were designed to be one f Sheriff Reservers, Dive Team, Radio of America’s first planned commu- Amateur Civil Emergency Service, nities. As such, the Maine Legislature MESSAGES FROM THE PRESIDENT RACES, Sheriff’s All Volunteer Ex- created the village of Lucerne in 1927 Messages from the President of the tended Services, SAVES, Program, and to bring people to this beautiful region, United States were communicated to Search and Rescue Unit. but the economic troubles of the 1930s the Senate by Mrs. Neiman, one of his The Contra Costa Sheriff’s Volunteer forced the idea to be scrapped. secretaries. Services Unit has the largest volunteer Given its prime location—less than f search and rescue team of any county an hour from the beautiful waters of north of San Bernardino. With over 700 Bar Harbor and the hiking trails of EXECUTIVE MESSAGES REFERRED volunteers, the unit contributes the Acadia National Park—the Lucerne As in executive session the Presiding same amount of service hours as ap- Inn offers visitors a true Maine get- Officer laid before the Senate messages proximately 50 full-time, paid posi- away. A recipient of the 2009 Bride’s from the President of the United tions. This unit has also assisted in Choice Award, the inn offers profes- States submitting sundry nominations several missing persons cases both sional service for a variety of occasions which were referred to the appropriate within Contra Costa County and be- from weddings to business meetings committees. yond, including the heartbreaking and banquets, and provides a variety of (The nominations received today are search earlier this year for 8-year-old travel packages to accommodate all printed at the end of the Senate pro- Sandra Cantu of Tracy. budgets. ceedings.)

VerDate Mar 15 2010 14:38 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00047 Fmt 0686 Sfmt 0634 E:\BR09\S15JY9.001 S15JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD 17804 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 13 July 15, 2009 MESSAGE FROM THE HOUSE Case 2007–D008)) received in the Office of the cation of a proposed amendment to a manu- President of the Senate on July 10, 2009; to facturing license agreement for the export of At 11:15 a.m., a message from the the Committee on Armed Services. defense articles or services, including tech- House of Representatives, delivered by EC–2336. A communication from the Direc- nical data, and defense services to support Mrs. Cole, one of its reading clerks, an- tor of Defense Procurement and Acquisition the manufacture of X1100-Series trans- nounced that the House has passed the Policy, Department of Defense, transmit- missions in the Republic of Korea in the following bills, in which it requests the ting, pursuant to law, the report of a rule en- amount of $100,000,000 or more; to the Com- concurrence of the Senate: titled ‘‘Defense Acquisition Regulation Sup- mittee on Foreign Relations. plement; Government Property’’ ((RIN0750– H.R. 402. An act to designate the Depart- EC–2344. A communication from the Assist- AF92) (DFARS Case 2007–D020)) received in ment of Veterans Affairs Outpatient Clinic ant Secretary, Bureau of Legislative Affairs, the Office of the President of the Senate on in Knoxville, Tennessee, as the ‘‘William C. Department of State, transmitting, pursuant July 10, 2009; to the Committee on Armed Tallent Department of Veterans Affairs Out- to the Arms Export Control Act, the certifi- Services. patient Clinic’’. cation of a proposed transfer of technical EC–2337. A communication from the Direc- H.R. 1037. An act to direct the Secretary of data, defense services, and defense articles tor of Defense Procurement and Acquisition Veterans Affairs to conduct a five-year pilot involving the sale of six JAS–39 Gripen Policy, Department of Defense, transmit- project to test the feasibility and advis- Fighter Aircraft and one Airborne Early ting, pursuant to law, the report of a rule en- ability of expanding the scope of certain Warning System for Sweden in the amount titled ‘‘Defense Acquisition Regulation Sup- qualifying work-study activities under title of $50,000,000 or more; to the Committee on plement; Clarification of Central Contractor 38, United States Code. Foreign Relations. Registration and Procurement Instrument EC–2345. A communication from the Assist- The message also announced that, Identification Data Requirements’’ ant Secretary, Bureau of Legislative Affairs, pursuant to section 4 of the Ronald ((RIN0750–AG05) (DFARS Case 2008–D010)) re- Department of State, transmitting, pursuant Reagan Centennial Commission Act, ceived in the Office of the President of the to the Arms Export Control Act, the certifi- Public Law 111–25, and the order of the Senate on July 10, 2009; to the Committee on cation of a proposed manufacturing license House of January 6, 2009, the Minority Armed Services. agreement for the export of defense articles Leader appoints the following Member EC–2338. A communication from the Direc- or services, including technical data, and tor of Defense Procurement and Acquisition hardware to support manufacture, assembly, of the House of Representatives to the Policy, Department of Defense, transmit- Ronald Reagan Centennial Commis- and verification of Small Unmanned Aerial ting, pursuant to law, the report of a rule en- Vehicles and associate Components for the sion: Mr. ELTON GALLEGLY of Cali- titled ‘‘Defense Acquisition Regulation Sup- Commonwealth of Australia; to the Com- fornia. plement; Peer Reviews of Contracts’’ mittee on Foreign Relations. f ((RIN0750–AG28) (DFARS Case 2008–D035)) re- EC–2346. A communication from the Assist- ceived in the Office of the President of the MEASURES REFERRED ant Secretary, Bureau of Legislative Affairs, Senate on July 10, 2009; to the Committee on Department of State, transmitting, pursuant The following bills were read the first Armed Services. to the Arms Export Control Act, the certifi- and the second times by unanimous EC–2339. A communication from the Gen- cation regarding the proposed transfer of eral Counsel of the Federal Housing Finance consent, and referred as indicated: major defense equipment involving the per- Agency, transmitting, pursuant to law, the manent transfer of the ex-HMAS Adelaide, a H.R. 402. An act to designate the Depart- report of a rule entitled ‘‘Privacy Act Imple- Frigate of the Oliver Hazard Perry Class, to ment of Veterans Affairs Outpatient Clinic mentation’’ (RIN2590–AA07) received in the the Australian state government of New in Knoxville, Tennessee, as the ‘‘William C. Office of the President of the Senate on July Wales; to the Committee on Foreign Rela- Tallent Department of Veterans Affairs Out- 13, 2009; to the Committee on Banking, Hous- tions. patient Clinic’’; to the Committee on Vet- ing, and Urban Affairs. EC–2347. A communication from the Assist- erans’ Affairs. EC–2340. A communication from the Assist- ant Secretary, Bureau of Legislative Affairs, H.R. 1037. An act to direct the Secretary of ant Secretary for Communications and Infor- Department of State, transmitting, pursuant Veterans Affairs to conduct a five-year pilot mation, National Telecommunications and to law, a report relative to the justification project to test the feasibility and advis- Information Administration, Department of for the President’s waiver of the restrictions ability of expanding the scope of certain Commerce, transmitting, pursuant to law, on the provision of funds to the Palestinian qualifying work-study activities under title the report of a rule entitled ‘‘Broadband Authority; to the Committee on Foreign Re- 38, United States Code; to the Committee on Technology Opportunities Program’’ lations. Veterans’ Affairs. (RIN0660–ZA28) received in the Office of the EC–2348. A communication from the Direc- f President of the Senate on July 10, 2009; to the Committee on Commerce, Science, and tor of the Office of Personnel Management, EXECUTIVE AND OTHER Transportation. transmitting, pursuant to law, the Office’s COMMUNICATIONS EC–2341. A communication from the Assist- Federal Activities Inventory Reform Act In- ant Secretary, Bureau of Legislative Affairs, ventory Summary as of June 30, 2009; to the The following communications were Committee on Homeland Security and Gov- laid before the Senate, together with Department of State, transmitting, pursuant to the Arms Export Control Act, the certifi- ernmental Affairs. accompanying papers, reports, and doc- cation of a proposed manufacturing license EC–2349. A communication from the Acting uments, and were referred as indicated: for the export of defense articles or services, Chief Acquisition Officer, General Services EC–2333. A communication from the Sec- including technical data, and defense serv- Administration, Department of Defense, and retary of Defense, transmitting a report on ices for the manufacture of the 737 Airborne National Aeronautics and Space Administra- the approved retirement of Lieutenant Gen- Early Warning and Control (AWE&C) Sys- tion, transmitting, pursuant to law, the re- eral Ronald F. Sams, United States Air tem, Project Wedgetail for end-use by the port of a rule entitled ‘‘Federal Acquisition Force, and his advancement to the grade of Australian Ministry of Defense in the Regulation; Federal Acquisition Circular lieutenant general on the retired list; to the amount of $100,000,000 or more; to the Com- 2005–35; Introduction’’ (Docket No. FAR2005– Committee on Armed Services. mittee on Foreign Relations. 35) received in the Office of the President of EC–2334. A communication from the Direc- EC–2342. A communication from the Assist- the Senate on July 13, 2009; to the Com- tor of Defense Procurement and Acquisition ant Secretary, Bureau of Legislative Affairs, mittee on Homeland Security and Govern- Policy, Department of Defense, transmit- Department of State, transmitting, pursuant mental Affairs. ting, pursuant to law, the report of a rule en- to the Arms Export Control Act, the certifi- EC–2350. A communication from the Direc- titled ‘‘Defense Acquisition Regulation Sup- cation of a proposed technical service agree- tor, Administrative Office of the United plement; Contract Reporting’’ ((RIN0750– ment for the export of defense articles or States Courts, transmitting, pursuant to AF77) (DFARS Case 2007–D006)) received in services, including technical data, and de- law, a report relative to applications for de- the Office of the President of the Senate on fense services related to the supply and sup- layed-notice search warrants and extensions July 10, 2009; to the Committee on Armed port of the torpedo propulsion system for the during fiscal year 2008; to the Committee on Services. Spearfish Heavyweight Torpedo for use by the Judiciary. EC–2335. A communication from the Direc- the United Kingdom in the amount of EC–2351. A communication from the Assist- tor of Defense Procurement and Acquisition $100,000,000 or more; to the Committee on ant Attorney General, Office of Legislative Policy, Department of Defense, transmit- Foreign Relations. Affairs, Department of Justice, transmit- ting, pursuant to law, the report of a rule en- EC–2343. A communication from the Assist- ting, pursuant to law, an annual report on titled ‘‘Defense Acquisition Regulation Sup- ant Secretary, Bureau of Legislative Affairs, the Department’s activities during calendar plement; Protection of Human Subjects in Department of State, transmitting, pursuant year 2007 relative to prison rape abatement; Research Projects’’ ((RIN0750–AF96) (DFARS to the Arms Export Control Act, the certifi- to the Committee on the Judiciary.

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REPORTS OF COMMITTEES the Internal Revenue Code of 1986 to re- North Dakota (Mr. DORGAN) and the The following reports of committees move cell phones from listed property Senator from Arkansas (Mr. PRYOR) were submitted: under section 280F. were added as cosponsors of S. 535, a S. 211 bill to amend title 10, United States By Mr. AKAKA, from the Committee on Veterans’ Affairs, without amendment: At the request of Mr. UDALL of New Code, to repeal requirement for reduc- S. 475. A bill to amend the Servicemembers Mexico, his name was added as a co- tion of survivor annuities under the Civil Relief Act to guarantee the equity of sponsor of S. 211, a bill to facilitate na- Survivor Benefit Plan by veterans’ de- spouses of military personnel with regard to tionwide availability of 2-1-1 telephone pendency and indemnity compensation, matters of residency, and for other purposes service for information and referral on and for other purposes. (Rept. No. 111–46). human services and volunteer services, S. 547 By Mrs. BOXER, from the Committee on and for other purposes. Environment and Public Works, with an At the request of Mr. BINGAMAN, the amendment in the nature of a substitute: S. 229 name of the Senator from Massachu- S. 1005. A bill to amend the Federal Water At the request of Mrs. BOXER, the setts (Mr. KERRY) was added as a co- Pollution Control Act and the Safe Drinking name of the Senator from Maine (Ms. sponsor of S. 547, a bill to amend title Water Act to improve water and wastewater COLLINS) was added as a cosponsor of S. XIX of the Social Security Act to re- infrastructure in the United States (Rept. 229, a bill to empower women in Af- duce the costs of prescription drugs for No. 111–47). ghanistan, and for other purposes. enrollees of Medicaid managed care or- f S. 251 ganizations by extending the discounts EXECUTIVE REPORTS OF At the request of Mrs. HUTCHISON, the offered under fee-for-service Medicaid COMMITTEES name of the Senator from Alaska (Mr. to such organizations. BEGICH) was added as a cosponsor of S. S. 572 The following executive reports of 251, a bill to amend the Communica- nominations were submitted: At the request of Mr. WEBB, the name tions Act of 1934 to permit targeted in- of the Senator from Kansas (Mr. By Mrs. BOXER for the Committee on En- terference with mobile radio services BROWNBACK) was added as a cosponsor vironment and Public Works. within prison facilities. *Robert Perciasepe, of New York, to be of S. 572, a bill to provide for the S. 311 Deputy Administrator of the Environmental issuance of a ‘‘forever stamp’’ to honor Protection Agency. At the request of Mrs. BOXER, the the sacrifices of the brave men and *Craig E. Hooks, of Kansas, to be an Assist- name of the Senator from Vermont women of the armed forces who have ant Administrator of the Environmental (Mr. SANDERS) was added as a cospon- been awarded the Purple Heart. Protection Agency. sor of S. 311, a bill to prohibit the ap- S. 584 *Nomination was reported with rec- plication of certain restrictive eligi- bility requirements to foreign non- At the request of Mr. HARKIN, the ommendation that it be confirmed sub- name of the Senator from Maryland ject to the nominee’s commitment to governmental organizations with re- spect to the provision of assistance (Mr. CARDIN) was withdrawn as a co- respond to requests to appear and tes- sponsor of S. 584, a bill to ensure that tify before any duly constituted com- under part I of the Foreign Assistance Act of 1961. all users of the transportation system, mittee of the Senate. including pedestrians, bicyclists, tran- S. 455 f sit users, children, older individuals, At the request of Mr. ROBERTS, the and individuals with disabilities, are INTRODUCTION OF BILLS AND name of the Senator from Idaho (Mr. able to travel safely and conveniently JOINT RESOLUTIONS RISCH) was added as a cosponsor of S. on and across federally funded streets 455, a bill to require the Secretary of The following bills and joint resolu- and highways. the Treasury to mint coins in recogni- tions were introduced, read the first S. 604 and second times by unanimous con- tion of 5 United States Army Five-Star At the request of Mr. SANDERS, the sent, and referred as indicated: Generals, George Marshall, Douglas MacArthur, Dwight Eisenhower, Henry names of the Senator from Wisconsin By Ms. COLLINS: (Mr. FEINGOLD), the Senator from Ar- S. 1457. A bill to amend title 31, United ‘‘Hap’’ Arnold, and Omar Bradley, kansas (Mrs. LINCOLN), the Senator States Code, to authorize reviews by the alumni of the United States Army Comptroller General of the United States of Command and General Staff College, from Arizona (Mr. MCCAIN), the Sen- any credit facility established by the Board Fort Leavenworth, Kansas, to coincide ator from Utah (Mr. BENNETT) and the of Governors of the Federal Reserve System with the celebration of the 132nd Anni- Senator from Wyoming (Mr. BARRASSO) or any Federal reserve bank, and for other versary of the founding of the United were added as cosponsors of S. 604, a purposes; to the Committee on Banking, States Army Command and General bill to amend title 31, United States Housing, and Urban Affairs. Staff College. Code, to reform the manner in which f S. 475 the Board of Governors of the Federal Reserve System is audited by the SUBMISSION OF CONCURRENT AND At the request of Mr. BURR, the name Comptroller General of the United SENATE RESOLUTIONS of the Senator from Wyoming (Mr. ENZI) was added as a cosponsor of S. States and the manner in which such The following concurrent resolutions 475, a bill to amend the audits are reported, and for other pur- and Senate resolutions were read, and Servicemembers Civil Relief Act to poses. referred (or acted upon), as indicated: guarantee the equity of spouses of mili- S. 624 By Mr. CHAMBLISS (for himself, Mr. tary personnel with regard to matters At the request of Mr. DURBIN, the NELSON of Nebraska, and Mr. JOHN- of residency, and for other purposes. name of the Senator from Washington SON): S. Res. 211. A resolution supporting the S. 497 (Ms. CANTWELL) was added as a cospon- goals and ideals of ‘‘National Life Insurance At the request of Mr. DURBIN, the sor of S. 624, a bill to provide 100,000,000 Awareness Month’’; considered and agreed name of the Senator from Hawaii (Mr. people with first-time access to safe to. INOUYE) was added as a cosponsor of S. drinking water and sanitation on a sus- f 497, a bill to amend the Public Health tainable basis by 2015 by improving the Service Act to authorize capitation capacity of the United States Govern- ADDITIONAL COSPONSORS grants to increase the number of nurs- ment to fully implement the Senator S. 144 ing faculty and students, and for other Paul Simon Water for the Poor Act of At the request of Mr. KERRY, the purposes. 2005. name of the Senator from West Vir- S. 535 S. 628 ginia (Mr. ROCKEFELLER) was added as At the request of Mr. NELSON of Flor- At the request of Mr. CONRAD, the a cosponsor of S. 144, a bill to amend ida, the names of the Senator from name of the Senator from New Mexico

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(Mr. BINGAMAN) was added as a cospon- S. 749 trition and health of schoolchildren sor of S. 628, a bill to provide incen- At the request of Mr. COCHRAN, the and protect the Federal investment in tives to physicians to practice in rural name of the Senator from Arkansas the national school lunch and break- and medically underserved commu- (Mrs. LINCOLN) was added as a cospon- fast programs by updating the national nities. sor of S. 749, a bill to improve and ex- school nutrition standards for foods S. 645 pand geographic literacy among kin- and beverages sold outside of school At the request of Mrs. LINCOLN, the dergarten through grade 12 students in meals to conform to current nutrition name of the Senator from Pennsyl- the United States by improving profes- science. vania (Mr. CASEY) was added as a co- sional development programs for kin- S. 951 sponsor of S. 645, a bill to amend title dergarten through grade 12 teachers of- At the request of Mr. NELSON of Flor- 32, United States Code, to modify the fered through institutions of higher ida, the names of the Senator from Department of Defense share of ex- education. California (Mrs. BOXER), the Senator penses under the National Guard Youth S. 775 from Pennsylvania (Mr. CASEY), the Challenge Program. At the request of Mr. VOINOVICH, the Senator from Idaho (Mr. RISCH), the S. 648 name of the Senator from Arkansas Senator from Alaska (Mr. BEGICH), the At the request of Mr. BINGAMAN, the (Mrs. LINCOLN) was added as a cospon- Senator from Hawaii (Mr. AKAKA), the name of the Senator from Oregon (Mr. sor of S. 775, a bill to amend title 10, Senator from California (Mrs. FEIN- WYDEN) was added as a cosponsor of S. United States Code, to authorize the STEIN) and the Senator from Con- 648, a bill to amend title XVIII of the availability of appropriated funds for necticut (Mr. LIEBERMAN) were added Social Security Act to establish a pro- international partnership contact ac- as cosponsors of S. 951, a bill to author- spective payment system instead of the tivities conducted by the National ize the President, in conjunction with reasonable cost-based reimbursement Guard, and for other purposes. the 40th anniversary of the historic and method for Medicare-covered services S. 812 first lunar landing by humans in 1969, provided by Federally qualified health At the request of Mr. BAUCUS, the to award gold medals on behalf of the centers and to expand the scope of such names of the Senator from Louisiana United States Congress to Neil A. Arm- strong, the first human to walk on the covered services to account for expan- (Mr. VITTER) and the Senator from moon; Edwin E. ‘‘Buzz’’ Aldrin Jr., the sions in the scope of services provided Kansas (Mr. BROWNBACK) were added as by Federally qualified health centers cosponsors of S. 812, a bill to amend the pilot of the lunar module and second since the inclusion of such services for Internal Revenue Code of 1986 to make person to walk on the moon; Michael coverage under the Medicare program. permanent the special rule for con- Collins, the pilot of their Apollo 11 mis- S. 660 tributions of qualified conservation sion’s command module; and, the first American to orbit the Earth, John Her- At the request of Mr. HATCH, the contributions. name of the Senator from Vermont schel Glenn Jr. S. 823 (Mr. SANDERS) was added as a cospon- S. 968 At the request of Ms. SNOWE, the sor of S. 660, a bill to amend the Public At the request of Mr. REID, the name name of the Senator from Alabama Health Service Act with respect to pain of the Senator from New Jersey (Mr. (Mr. SESSIONS) was added as a cospon- care. LAUTENBERG) was added as a cosponsor sor of S. 823, a bill to amend the Inter- S. 662 of S. 968, a bill to award competitive nal Revenue Code of 1986 to allow a 5- grants to eligible partnerships to en- At the request of Mr. CONRAD, the year carryback of operating losses, and name of the Senator from Idaho (Mr. able the partnerships to implement in- for other purposes. CRAPO) was added as a cosponsor of S. novative strategies at the secondary 662, a bill to amend title XVIII of the S. 883 school level to improve student Social Security Act to provide for re- At the request of Mr. KERRY, the achievement and prepare at-risk stu- imbursement of certified midwife serv- name of the Senator from Arkansas dents for postsecondary education and ices and to provide for more equitable (Mrs. LINCOLN) was added as a cospon- the workforce. reimbursement rates for certified sor of S. 883, a bill to require the Sec- S. 984 nurse-midwife services. retary of the Treasury to mint coins in At the request of Mrs. BOXER, the recognition and celebration of the es- S. 711 name of the Senator from Massachu- tablishment of the Medal of Honor in At the request of Mr. BAUCUS, the setts (Mr. KERRY) was added as a co- name of the Senator from Illinois (Mr. 1861, America’s highest award for valor sponsor of S. 984, a bill to amend the in action against an enemy force which BURRIS) was added as a cosponsor of S. Public Health Service Act to provide 711, a bill to require mental health can be bestowed upon an individual for arthritis research and public screenings for members of the Armed serving in the Armed Services of the health, and for other purposes. Forces who are deployed in connection United States, to honor the American S. 1026 with a contingency operation, and for military men and women who have At the request of Mr. CORNYN, the other purposes. been recipients of the Medal of Honor, name of the Senator from Idaho (Mr. S. 714 and to promote awareness of what the RISCH) was added as a cosponsor of S. At the request of Mr. WEBB, the name Medal of Honor represents and how or- 1026, a bill to amend the Uniformed and of the Senator from Arkansas (Mrs. dinary Americans, through courage, Overseas Citizens Absentee Voting Act LINCOLN) was added as a cosponsor of S. sacrifice, selfless service and patriot- to improve procedures for the collec- 714, a bill to establish the National ism, can challenge fate and change the tion and delivery of marked absentee Criminal Justice Commission. course of history. ballots of absent overseas uniformed S. 738 S. 931 service voters, and for other purposes. At the request of Ms. LANDRIEU, the At the request of Mr. FEINGOLD, the S. 1065 name of the Senator from Arkansas name of the Senator from Pennsyl- At the request of Mr. BROWNBACK, the (Mrs. LINCOLN) was added as a cospon- vania (Mr. CASEY) was added as a co- names of the Senator from North Da- sor of S. 738, a bill to amend the Con- sponsor of S. 931, a bill to amend title kota (Mr. DORGAN), the Senator from sumer Credit Protection Act to assure 9 of the United States Code with re- Idaho (Mr. RISCH) and the Senator from meaningful disclosures of the terms of spect to arbitration. Louisiana (Mr. VITTER) were added as rental-purchase agreements, including S. 934 cosponsors of S. 1065, a bill to authorize disclosures of all costs to consumers At the request of Mr. HARKIN, the State and local governments to direct under such agreements, to provide cer- name of the Senator from New Mexico divestiture from, and prevent invest- tain substantive rights to consumers (Mr. UDALL) was added as a cosponsor ment in, companies with investments under such agreements, and for other of S. 934, a bill to amend the Child Nu- of $20,000,000 or more in Iran’s energy purposes. trition Act of 1966 to improve the nu- sector, and for other purposes.

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S. 1067 S. 1197 S. 1362 At the request of Mr. FEINGOLD, the At the request of Mr. VOINOVICH, the At the request of Mr. REED, the name name of the Senator from New York name of the Senator from North Da- of the Senator from New Mexico (Mr. (Mr. SCHUMER) was added as a cospon- kota (Mr. DORGAN) was added as a co- BINGAMAN) was added as a cosponsor of sor of S. 1067, a bill to support sta- sponsor of S. 1197, a bill to establish a S. 1362, a bill to provide grants to bilization and lasting peace in northern grant program for automated external States to ensure that all students in Uganda and areas affected by the defibrillators in elementary and sec- the middle grades are taught an aca- Lord’s Resistance Army through devel- ondary schools. demically rigorous curriculum with ef- opment of a regional strategy to sup- S. 1201 fective supports so that students com- port multilateral efforts to success- At the request of Mr. BINGAMAN, the plete the middle grades prepared for fully protect civilians and eliminate name of the Senator from New York success in high school and postsec- the threat posed by the Lord’s Resist- (Mrs. GILLIBRAND) was added as a co- ondary endeavors, to improve State ance Army and to authorize funds for sponsor of S. 1201, a bill to amend title and district policies and programs re- humanitarian relief and reconstruc- XVIII of the Social Security Act to in- lating to the academic achievement of tion, reconciliation, and transitional clude costs incurred by the Indian students in the middle grades, to de- justice, and for other purposes. Health Service, a Federally qualified velop and implement effective middle S. 1090 health center, an AIDS drug assistance grades models for struggling students, At the request of Mr. WYDEN, the program, certain hospitals, or a phar- and for other purposes. name of the Senator from Michigan maceutical manufacturer patient as- S. 1389 (Ms. STABENOW) was added as a cospon- sistance program in providing prescrip- At the request of Mr. NELSON of Ne- sor of S. 1090, a bill to amend the Inter- tion drugs toward the annual out of braska, the name of the Senator from nal Revenue Code of 1986 to provide tax pocket threshold under part D of the Georgia (Mr. ISAKSON) was added as a credit parity for electricity produced Medicare program. cosponsor of S. 1389, a bill to clarify from renewable resources. S. 1265 the exemption for certain annuity con- ORNYN S. 1091 At the request of Mr. C , the tracts and insurance policies from Fed- names of the Senator from Alaska (Ms. At the request of Mr. WYDEN, the eral regulation under the Securities name of the Senator from New Hamp- MURKOWSKI) and the Senator from Act of 1933. Idaho (Mr. RISCH) were added as co- shire (Mrs. SHAHEEN) was added as a co- S. 1399 sponsors of S. 1265, a bill to amend the sponsor of S. 1091, a bill to amend the At the request of Mrs. FEINSTEIN, the National Voter Registration Act of 1993 Internal Revenue Code of 1986 to pro- name of the Senator from Rhode Island to provide members of the Armed vide for an energy investment credit (Mr. WHITEHOUSE) was added as a co- Forces and their family members equal for energy storage property connected sponsor of S. 1399, a bill to amend the access to voter registration assistance, to the grid, and for other purposes. Commodity Exchange Act to establish and for other purposes. S. 1097 a market for the trading of greenhouse S. 1284 At the request of Mr. WYDEN, the gases, and for other purposes. At the request of Ms. SNOWE, the name of the Senator from Wyoming name of the Senator from Alaska (Mr. S. 1400 (Mr. BARRASSO) was added as a cospon- BEGICH) was added as a cosponsor of S. At the request of Ms. STABENOW, the sor of S. 1097, a bill to require the Sec- 1284, a bill to require the implementa- name of the Senator from Alabama retary of Energy, in coordination with tion of certain recommendations of the (Mr. SESSIONS) was added as a cospon- the Secretary of Labor, to establish a National Transportation Safety Board, sor of S. 1400, a bill to amend the Inter- program to provide for workforce to require the establishment of na- nal Revenue Code of 1986 to make per- training and education, at community tional standards with respect to flight manent the depreciation classification colleges, in sustainable energy. requirements for pilots, to require the of motorsports entertainment com- S. 1106 development of fatigue management plexes. At the request of Mrs. LINCOLN, the plans, and for other purposes. S. 1415 name of the Senator from Idaho (Mr. S. 1297 At the request of Mr. SCHUMER, the RISCH) was added as a cosponsor of S. At the request of Mr. CONRAD, the names of the Senator from West Vir- 1106, a bill to amend title 10, United name of the Senator from Connecticut ginia (Mr. BYRD), the Senator from States Code, to require the provision of (Mr. LIEBERMAN) was added as a co- Utah (Mr. BENNETT), the Senator from medical and dental readiness services sponsor of S. 1297, a bill to amend the New Mexico (Mr. UDALL), the Senator to certain members of the Selected Re- Internal Revenue Code of 1986 to en- from Hawaii (Mr. INOUYE), the Senator serve and Individual Ready Reserve courage guaranteed lifetime income from California (Mrs. FEINSTEIN), the based on medical need, and for other payments from annuities and similar Senator from Illinois (Mr. DURBIN), the purposes. payments of life insurance proceeds at Senator from Washington (Mrs. MUR- S. 1156 dates later than death by excluding RAY), the Senator from Virginia (Mr. At the request of Mr. HARKIN, the from income a portion of such pay- WARNER), the Senator from Texas (Mrs. name of the Senator from Maryland ments. HUTCHISON), the Senator from Ten- (Mr. CARDIN) was added as a cosponsor S. 1301 nessee (Mr. ALEXANDER) and the Sen- of S. 1156, a bill to amend the Safe, Ac- At the request of Mr. MENENDEZ, the ator from Texas (Mr. CORNYN) were countable, Flexible, Efficient Trans- name of the Senator from Maryland added as cosponsors of S. 1415, a bill to portation Equity Act: A Legacy for (Mr. CARDIN) was added as a cosponsor amend the Uniformed and Overseas Users to reauthorize and improve the of S. 1301, a bill to direct the Attorney Citizens Absentee Voting Act to ensure safe routes to school program. General to make an annual grant to that absent uniformed services voters S. 1158 the A Child Is Missing Alert and Recov- and overseas voters are aware of their At the request of Ms. STABENOW, the ery Center to assist law enforcement voting rights and have a genuine op- name of the Senator from Massachu- agencies in the rapid recovery of miss- portunity to register to vote and have setts (Mr. KERRY) was added as a co- ing children, and for other purposes. their absentee ballots cast and count- sponsor of S. 1158, a bill to authorize S. 1304 ed, and for other purposes. the Secretary of Health and Human At the request of Mr. GRASSLEY, the S. 1445 Services to conduct activities to rap- name of the Senator from Oklahoma At the request of Mr. LAUTENBERG, idly advance treatments for spinal (Mr. INHOFE) was added as a cosponsor the names of the Senator from New muscular atrophy, neuromuscular dis- of S. 1304, a bill to restore the eco- Jersey (Mr. MENENDEZ) and the Sen- ease, and other pediatric diseases, and nomic rights of automobile dealers, ator from Indiana (Mr. BAYH) were for other purposes. and for other purposes. added as cosponsors of S. 1445, a bill to

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RES. 155 HUTCHISON) was added as a cosponsor of AMENDMENT NO. 1538 At the request of Mr. BROWN, the amendment No. 1491 intended to be pro- At the request of Mr. UDALL of New name of the Senator from Delaware posed to S. 1390, an original bill to au- Mexico, the name of the Senator from (Mr. KAUFMAN) was added as a cospon- thorize appropriations for fiscal year New Mexico (Mr. BINGAMAN) was added sor of S. Res. 155, a resolution express- 2010 for military activities of the De- as a cosponsor of amendment No. 1538 ing the sense of the Senate that the partment of Defense, for military con- intended to be proposed to S. 1390, an Government of the People’s Republic of struction, and for defense activities of original bill to authorize appropria- China should immediately cease engag- the Department of Energy, to prescribe tions for fiscal year 2010 for military ing in acts of cultural, linguistic, and military personnel strengths for such activities of the Department of De- religious suppression directed against fiscal year, and for other purposes. fense, for military construction, and the Uyghur people. AMENDMENT NO. 1513 for defense activities of the Depart- S. RES. 200 At the request of Mrs. LINCOLN, the ment of Energy, to prescribe military At the request of Mr. UDALL of Colo- name of the Senator from Idaho (Mr. personnel strengths for such fiscal rado, the name of the Senator from RISCH) was added as a cosponsor of year, and for other purposes. Wisconsin (Mr. FEINGOLD) was added as amendment No. 1513 intended to be pro- f a cosponsor of S. Res. 200, a resolution posed to S. 1390, an original bill to au- SUBMITTED RESOLUTIONS designating September 12, 2009, as ‘‘Na- thorize appropriations for fiscal year tional Childhood Cancer Awareness 2010 for military activities of the De- Day’’. partment of Defense, for military con- SENATE RESOLUTION 211—SUP- S. RES. 210 struction, and for defense activities of PORTING THE GOALS AND At the request of Mrs. LINCOLN, the the Department of Energy, to prescribe IDEALS OF ‘‘NATIONAL LIFE IN- name of the Senator from Hawaii (Mr. military personnel strengths for such SURANCE AWARENESS MONTH’’ AKAKA) was added as a cosponsor of S. fiscal year, and for other purposes. Mr. CHAMBLISS (for himself, Mr. Res. 210, a resolution designating the AMENDMENT NO. 1515 NELSON of Nebraska, and Mr. JOHNSON) week beginning on November 9, 2009, as At the request of Mr. NELSON of Flor- submitted the following resolution; National School Psychology Week. ida, the names of the Senator from which was considered and agreed to: AMENDMENT NO. 1478 Oklahoma (Mr. INHOFE), the Senator S. RES. 211 At the request of Mr. REID, the from Maryland (Mr. CARDIN), the Sen- names of the Senator from Maine (Ms. ator from Alaska (Ms. MURKOWSKI), the Whereas life insurance is an essential part of a sound financial plan; SNOWE) and the Senator from Arkansas Senator from Maine (Ms. SNOWE), the Whereas life insurance provides financial (Mrs. LINCOLN) were added as cospon- Senator from North Dakota (Mr. DOR- security for families by helping surviving sors of amendment No. 1478 intended to GAN), the Senator from Arkansas (Mrs. members meet immediate and long-term fi- be proposed to S. 1390, an original bill LINCOLN), the Senator from Louisiana nancial obligations and objectives in the to authorize appropriations for fiscal (Ms. LANDRIEU) and the Senator from event of a premature death in the family; year 2010 for military activities of the West Virginia (Mr. BYRD) were added as Whereas approximately 68,000,000 United Department of Defense, for military cosponsors of amendment No. 1515 in- States citizens lack the adequate level of life construction, and for defense activities tended to be proposed to S. 1390, an insurance coverage needed to ensure a secure of the Department of Energy, to pre- original bill to authorize appropria- financial future for their loved ones; Whereas life insurance products protect scribe military personnel strengths for tions for fiscal year 2010 for military against the uncertainties of life by enabling such fiscal year, and for other pur- activities of the Department of De- individuals and families to manage the fi- poses. fense, for military construction, and nancial risks of premature death, disability, AMENDMENT NO. 1484 for defense activities of the Depart- and long-term care; At the request of Mr. GREGG, the ment of Energy, to prescribe military Whereas individuals, families, and busi- names of the Senator from North Caro- personnel strengths for such fiscal nesses can benefit from professional insur- ance and financial planning advice, including lina (Mr. BURR) and the Senator from year, and for other purposes. an assessment of their life insurance needs; AMENDMENT NO. 1516 Utah (Mr. BENNETT) were added as co- and sponsors of amendment No. 1484 in- At the request of Mr. CASEY, the Whereas numerous groups supporting life tended to be proposed to S. 1390, an names of the Senator from Massachu- insurance have designated September 2009 as original bill to authorize appropria- setts (Mr. KENNEDY) and the Senator ‘‘National Life Insurance Awareness Month’’ tions for fiscal year 2010 for military from Wisconsin (Mr. FEINGOLD) were as a means to encourage consumers to be- activities of the Department of De- added as cosponsors of amendment No. come more aware of their life insurance fense, for military construction, and 1516 intended to be proposed to S. 1390, needs, seek professional advice regarding life for defense activities of the Depart- an original bill to authorize appropria- insurance, and take the actions necessary to achieve financial security for their loved ment of Energy, to prescribe military tions for fiscal year 2010 for military ones: Now therefore, be it personnel strengths for such fiscal activities of the Department of De- Resolved, That the Senate— year, and for other purposes. fense, for military construction, and (1) supports the goals and ideals of ‘‘Na- AMENDMENT NO. 1487 for defense activities of the Depart- tional Life Insurance Awareness Month’’; At the request of Mrs. LINCOLN, the ment of Energy, to prescribe military and names of the Senator from West Vir- personnel strengths for such fiscal (2) calls on the Federal Government, States, localities, schools, nonprofit organi- ginia (Mr. BYRD) and the Senator from year, and for other purposes. zations, businesses, and the people of the AMENDMENT NO. 1534 Pennsylvania (Mr. CASEY) were added United States to observe the month with ap- as cosponsors of amendment No. 1487 At the request of Mr. VOINOVICH, the propriate programs and activities. intended to be proposed to S. 1390, an name of the Senator from Arkansas f original bill to authorize appropria- (Mrs. LINCOLN) was added as a cospon- tions for fiscal year 2010 for military sor of amendment No. 1534 intended to AMENDMENTS SUBMITTED AND activities of the Department of De- be proposed to S. 1390, an original bill PROPOSED fense, for military construction, and to authorize appropriations for fiscal SA 1539. Mr. REID (for Mr. KENNEDY) pro- for defense activities of the Depart- year 2010 for military activities of the posed an amendment to amendment SA 1511

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proposed by Mr. LEAHY (for himself, Ms. COL- Ms. MURKOWSKI, Mr. HATCH, Mrs. LINCOLN, SA 1570. Mr. FRANKEN submitted an LINS, Mr. KENNEDY, Ms. SNOWE, Mr. LEVIN, and Ms. LANDRIEU) submitted an amendment amendment intended to be proposed by him Mrs. FEINSTEIN, Mr. SCHUMER, Mr. DURBIN, intended to be proposed by him to the bill S. to the bill S. 1390, supra; which was ordered Mr. CARDIN, Mr. WHITEHOUSE, Ms. KLO- 1390, supra; which was ordered to lie on the to lie on the table. BUCHAR, Mr. SPECTER, Mr. FRANKEN, Ms. MI- table. SA 1571. Mr. JOHANNS (for himself, Mr. KULSKI, Mr. MERKLEY, Mrs. GILLIBRAND, Mr. SA 1555. Mr. NELSON, of Nebraska (for BUNNING, Mr. CRAPO, Mr. INHOFE, Mr. MAR- MENENDEZ, Mrs. SHAHEEN, Mr. KERRY, Mr. himself and Mr. GRAHAM) submitted an TINEZ, Mr. BOND, Mr. COBURN, Mr. BENNETT, UDALL of Colorado, Mr. DODD, Mr. HARKIN, amendment intended to be proposed by him Mr. KYL, and Mr. ROBERTS) submitted an Mr. WYDEN, Mr. CASEY, Ms. CANTWELL, Mr. to the bill S. 1390, supra; which was ordered amendment intended to be proposed by him LAUTENBERG, Mr. LIEBERMAN, Mrs. BOXER, to lie on the table. to the bill S. 1390, supra; which was ordered Mr. BROWN, Mr. AKAKA, Mr. SANDERS, Mrs. SA 1556. Mr. FEINGOLD submitted an to lie on the table. SA 1572. Mr. BEGICH submitted an amend- MURRAY, Mr. REED, Mr. BINGAMAN, Mr. amendment intended to be proposed by him ment intended to be proposed by him to the KAUFMAN, Mr. INOUYE, Ms. STABENOW, and to the bill S. 1390, supra; which was ordered bill S. 1390, supra; which was ordered to lie Mr. REID) to the bill S. 1390, to authorize ap- to lie on the table. on the table. propriations for fiscal year 2010 for military SA 1557. Mrs. LINCOLN (for herself, Mr. TESTER, and Mr. WYDEN) submitted an SA 1573. Mr. BEGICH submitted an amend- activities of the Department of Defense, for ment intended to be proposed by him to the military construction, and for defense activi- amendment intended to be proposed by her to the bill S. 1390, supra; which was ordered bill S. 1390, supra; which was ordered to lie ties of the Department of Energy, to pre- on the table. scribe military personnel strengths for such to lie on the table. SA 1558. Mr. NELSON, of Florida (for him- SA 1574. Mr. BEGICH submitted an amend- fiscal year, and for other purposes. ment intended to be proposed by him to the SA 1540. Mr. THUNE submitted an amend- self, Mr. BYRD, and Ms. SNOWE) submitted an amendment intended to be proposed by him bill S. 1390, supra; which was ordered to lie ment intended to be proposed by him to the on the table. bill S. 1390, supra; which was ordered to lie to the bill S. 1390, supra; which was ordered on the table. to lie on the table. f SA 1541. Mr. BROWN submitted an amend- SA 1559. Mr. INHOFE (for himself, Mr. ROB- TEXT OF AMENDMENTS ment intended to be proposed by him to the ERTS, Mr. WICKER, Mr. BUNNING, Mr. CRAPO, Mr. REID (for Mr. KENNEDY) bill S. 1390, supra; which was ordered to lie Mr. CORNYN, Mr. DEMINT, Mr. COBURN, Mr. SA 1539. on the table. MCCONNELL, Mr. RISCH, Mr. GREGG, Mr. BAR- proposed an amendment to amendment SA 1542. Mr. BROWN (for himself and Mr. RASSO, Mr. BOND, Mrs. HUTCHISON, Mr. VIT- SA 1511 proposed by Mr. LEAHY (for TER, Mr. BENNETT, Mr. CHAMBLISS, Mr. ENSIGN) submitted an amendment intended himself, Ms. COLLINS, Mr. KENNEDY, to be proposed by him to the bill S. 1390, HATCH, Mr. BROWNBACK, Mr. THUNE, Mr. KYL, Ms. SNOWE, Mr. LEVIN, Mrs. FEINSTEIN, Mr. ENZI, Mr. SESSIONS, Mr. BURR, and Mr. supra; which was ordered to lie on the table. Mr. SCHUMER, Mr. DURBIN, Mr. CARDIN, SA 1543. Mr. RISCH (for himself and Mr. JOHANNS) submitted an amendment intended to be proposed by him to the bill S. 1390, Mr. WHITEHOUSE, Ms. KLOBUCHAR, Mr. CRAPO) submitted an amendment intended to SPECTER, Mr. FRANKEN, Ms. MIKULSKI, be proposed by him to the bill S. 1390, supra; supra; which was ordered to lie on the table. SA 1560. Mr. BINGAMAN (for himself and Mr. MERKLEY, Mrs. GILLIBRAND, Mr. which was ordered to lie on the table. Mr. UDALL, of New Mexico) submitted an MENENDEZ, Mrs. SHAHEEN, Mr. KERRY, SA 1544. Mr. RISCH (for himself and Mr. amendment intended to be proposed by him DALL ODD CRAPO) submitted an amendment intended to Mr. U of Colorado, Mr. D , Mr. be proposed by him to the bill S. 1390, supra; to the bill S. 1390, supra; which was ordered HARKIN, Mr. WYDEN, Mr. CASEY, Ms. which was ordered to lie on the table. to lie on the table. CANTWELL, Mr. LAUTENBERG, Mr. LIE- SA 1561. Mr. BINGAMAN (for himself, Mr. SA 1545. Ms. LANDRIEU submitted an BERMAN, Mrs. BOXER, Mr. BROWN, Mr. ALEXANDER, Mr. BROWN, Mr. KENNEDY, Mr. amendment intended to be proposed by her AKAKA, Mr. SANDERS, Mrs. MURRAY, UDALL, of Colorado, Mr. VOINOVICH, Ms. MUR- to the bill S. 1390, supra; which was ordered KOWSKI, Mr. UDALL, of New Mexico, Ms. Mr. REED, Mr. BINGAMAN, Mr. KAUF- to lie on the table. CANTWELL, Mr. REID, and Mr. BOND) sub- MAN, Mr. INOUYE, Ms. STABENOW, and SA 1546. Mr. BINGAMAN submitted an mitted an amendment intended to be pro- Mr. REID) to the bill S. 1390, to author- amendment intended to be proposed by him posed by him to the bill S. 1390, supra; which ize appropriations for fiscal year 2010 to the bill S. 1390, supra; which was ordered was ordered to lie on the table. for military activities of the Depart- to lie on the table. SA 1562. Mr. MENENDEZ (for himself and SA 1547. Mr. DORGAN (for himself and Mr. ment of Defense, for military construc- Mr. CORKER) submitted an amendment in- ONRAD) submitted an amendment intended tion, and for defense activities of the C tended to be proposed by him to the bill S. to be proposed by him to the bill S. 1390, Department of Energy, to prescribe 1390, supra; which was ordered to lie on the supra; which was ordered to lie on the table. table. military personnel strengths for such SA 1548. Mr. MENENDEZ (for himself and SA 1563. Mr. UDALL, of New Mexico (for fiscal year, and for other purposes; as Mr. LAUTENBERG) submitted an amendment himself and Mr. BINGAMAN) submitted an follows: intended to be proposed by him to the bill S. amendment intended to be proposed by him At the end of the amendment, insert the 1390, supra; which was ordered to lie on the to the bill S. 1390, supra; which was ordered following: table. to lie on the table. SEC. ll. COMPREHENSIVE STUDY AND SUP- SA 1549. Mr. MENENDEZ (for himself and SA 1564. Mr. TESTER submitted an amend- PORT FOR CRIMINAL INVESTIGA- Mr. LAUTENBERG) submitted an amendment ment intended to be proposed by him to the TIONS AND PROSECUTIONS BY intended to be proposed by him to the bill S. bill S. 1390, supra; which was ordered to lie STATE AND LOCAL LAW ENFORCE- 1390, supra; which was ordered to lie on the on the table. MENT OFFICIALS. table. SA 1565. Mr. LAUTENBERG (for himself, (a) STUDIES.— SA 1550. Mrs. BOXER (for herself, Mr. Mr. ROCKEFELLER, Mrs. HUTCHISON, Mr. (1) COLLECTION OF DATA.— BOND, Ms. LANDRIEU, Ms. MURKOWSKI, Mrs. THUNE, and Mr. WICKER) submitted an (A) DEFINITION OF RELEVANT OFFENSE.—In LINCOLN, Mrs. GILLIBRAND, Mr. WYDEN, and amendment intended to be proposed by him this paragraph, the term ‘‘relevant offense’’ Mr. BURRIS) submitted an amendment in- to the bill S. 1390, supra; which was ordered means a crime described in subsection (b)(1) tended to be proposed by her to the bill S. to lie on the table. of the first section of Public Law 101–275 (28 1390, supra; which was ordered to lie on the SA 1566. Mr. INOUYE submitted an amend- U.S.C. 534 note) and a crime that manifests table. ment intended to be proposed by him to the evidence of prejudice based on gender or age. SA 1551. Mrs. BOXER submitted an amend- bill S. 1390, supra; which was ordered to lie (B) COLLECTION FROM CROSS-SECTION OF ment intended to be proposed by her to the on the table. STATES.—Not later than 120 days after the bill S. 1390, supra; which was ordered to lie SA 1567. Mr. BROWN submitted an amend- date of enactment of this Act, the Comp- on the table. ment intended to be proposed by him to the troller General of the United States, in con- SA 1552. Mrs. BOXER submitted an amend- bill S. 1390, supra; which was ordered to lie sultation with the National Governors’ Asso- ment intended to be proposed by her to the on the table. ciation, shall, if possible, select 10 jurisdic- bill S. 1390, supra; which was ordered to lie SA 1568. Mr. BINGAMAN (for himself and tions with laws classifying certain types of on the table. Mr. UDALL, of New Mexico) submitted an offenses as relevant offenses and 10 jurisdic- SA 1553. Mr. GREGG (for himself and Mrs. amendment intended to be proposed by him tions without such laws from which to col- SHAHEEN) submitted an amendment intended to the bill S. 1390, supra; which was ordered lect the data described in subparagraph (C) to be proposed by him to the bill S. 1390, to lie on the table. over a 12-month period. supra; which was ordered to lie on the table. SA 1569. Mr. BURRIS submitted an amend- (C) DATA TO BE COLLECTED.—The data de- SA 1554. Mr. BURR (for himself, Mr. BAYH, ment intended to be proposed by him to the scribed in this paragraph are— Ms. SNOWE, Mr. UDALL, of Colorado, Mr. bill S. 1390, supra; which was ordered to lie (i) the number of relevant offenses that are WICKER, Mr. THUNE, Mr. ENZI, Mr. JOHANNS, on the table. reported and investigated in the jurisdiction;

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(ii) the percentage of relevant offenses that (4) GRANT AMOUNT.—A grant under this (3) CONFORMING AMENDMENT.—Section 3(9) are prosecuted and the percentage that re- subsection shall not exceed $100,000 for any of the Emergency Economic Stabilization sult in conviction; single case. Act of 2008 (12 U.S.C. 5202(9)) is amended— (iii) the duration of the sentences imposed (5) REPORT AND AUDIT.—Not later than De- (A) in subparagraph (A), by striking ‘‘; for crimes classified as relevant offenses in cember 31, 2008, the Attorney General, in and’’ at the end and inserting a period; the jurisdiction, compared with the length of consultation with the National Governors’ (B) by striking ‘‘means—’’ and all that fol- sentences imposed for similar crimes com- Association, shall— lows through ‘‘residential’’ in subparagraph mitted in jurisdictions with no laws relating (A) submit to Congress a report describing (A) and inserting ‘‘means residential’’; and to relevant offenses; and the applications made for grants under this (C) by striking subparagraph (B). (iv) references to and descriptions of the subsection, the award of such grants, and the (4) DEPOSIT OF FUNDS.— laws under which the offenders were pun- effectiveness of the grant funds awarded; and (A) IN GENERAL.—Section 115(a)(3) of the ished. (B) conduct an audit of the grants awarded Emergency Economic Stabilization Act of (D) COSTS.—Participating jurisdictions under this subsection to ensure that such 2008 (12 U.S.C. 5225(a)(3)) is amended by strik- shall be reimbursed for the reasonable and grants are used for the purposes provided in ing ‘‘outstanding at any one time’’. necessary costs of compiling data collected this subsection. (B) DEPOSIT OF FUNDS INTO TREASURY.— under this paragraph. (6) AUTHORIZATION OF APPROPRIATIONS.— (i) IN GENERAL.—On and after the date of (2) STUDY OF RELEVANT OFFENSE ACTIVITY.— There is authorized to be appropriated enactment of this Act, all repayments of ob- (A) IN GENERAL.—Not later than 18 months $5,000,000 for each of the fiscal years 2008 and ligations arising under the Emergency Eco- after the date of enactment of this Act, the 2009 to carry out this section. nomic Stabilization Act of 2008 (12 U.S.C. Comptroller General of the United States 5201 et seq.), and all proceeds from the sale of shall complete a study and submit to Con- SA 1540. Mr. THUNE submitted an assets acquired by the Federal Government gress a report that analyzes the data col- amendment intended to be proposed by under that Act, shall be paid into the general lected under paragraph (1) and under section him to the bill S. 1390, to authorize ap- fund of the Treasury for reduction of the 534 of title 28, United States Code, to deter- propriations for fiscal year 2010 for public debt, in accordance with section 106(d) mine the extent of relevant offense activity military activities of the Department of that Act (12 U.S.C. 5216(d)), as amended by throughout the United States and the suc- of Defense, for military construction, this subsection. cess of State and local officials in combating (ii) CONFORMING AMENDMENT.—Section and for defense activities of the De- 106(d) of the Emergency Economic Stabiliza- that activity. partment of Energy, to prescribe mili- (B) IDENTIFICATION OF TRENDS.—In the tion Act of 2008 (12 U.S.C. 5216(d)) is amended tary personnel strengths for such fiscal by inserting ‘‘, and repayments of obliga- study conducted under subparagraph (A), the year, and for other purposes; which was Comptroller General of the United States tions arising under this Act,’’ after ‘‘section shall identify any trends in the commission ordered to lie on the table; as follows: 113’’. of relevant offenses specifically by— At the end of title X, add the following: (5) INFLUENCE OF MANAGEMENT DECISIONS.— (i) geographic region; SECTION 1083. GOVERNMENT OWNERSHIP EXIT Title I of the Emergency Economic Sta- (ii) type of crime committed; and PLAN. bilization Act of 2008 (12 U.S.C. 5211 et seq.) is amended by adding at the end the fol- (iii) the number and percentage of relevant (a) DEFINITION.—In this section— lowing: offenses that are prosecuted and the number (1) the term ‘‘ownership interest’’ means for which convictions are obtained. an interest in a troubled asset described in ‘‘SEC. 137. INFLUENCE OF MANAGEMENT DECI- section 3(9)(B) of the Emergency Economic SIONS. (b) ASSISTANCE OTHER THAN FINANCIAL AS- Stabilization Act of 2008 (12 U.S.C. 5202(a)(1)), ‘‘(a) DEFINITIONS.—For purposes of this sec- SISTANCE.—At the request of a law enforce- as in effect on the day before the date of en- tion— ment official of a State or a political sub- actment of this Act, that was purchased by ‘‘(1) the term ‘covered person’ means any division of a State, the Attorney General, the Secretary under section 101(a)(1) of such person who is an officer or employee (includ- acting through the Director of the Federal Act (12 U.S.C. 5211(a)(1)); and ing a special Government employee (as de- Bureau of Investigation and in cases where (2) the term ‘‘Secretary’’ means the Sec- fined in section 202(a) of title 18, United the Attorney General determines special cir- retary of the Treasury. States Code)) of the executive branch of the cumstances exist, may provide technical, fo- (b) RE-PRIVATIZATION OF PRIVATE ENTI- United States (including any independent rensic, prosecutorial, or any other assistance TIES.— agency of the United States); and in the criminal investigation or prosecution (1) PROHIBITION ON FEDERAL GOVERNMENT ‘‘(2) the term ‘significant management de- of any crime that— HOLDING OWNERSHIP INTERESTS.— cision’ includes the appointment of senior (1) constitutes a crime of violence (as de- (A) IN GENERAL.—Beginning on the date of executives or board members, business strat- fined in section 16 of title 18, United States enactment of this Act, the Federal Govern- egies relating to production and manufac- Code); ment may not acquire, directly or indirectly, turing, plant closings, the relocation of the (2) constitutes a felony under the laws of any ownership interest. headquarters of an entity, the modification the State; and (B) DIVESTITURE.—Except as provided in of labor contracts, and other financial deci- (3) is motivated by animus against the vic- paragraph (2), the Secretary shall divest the sions. ‘‘(b) INFLUENCE PROHIBITED.— tim by reason of the membership of the vic- Federal Government of any ownership inter- ‘‘(1) IN GENERAL.—It shall be unlawful for tim in a particular class or group. est not later than 1 year after the date of en- actment of this Act. any covered person to knowingly make, with (c) GRANTS.— (2) LIMITED AUTHORITY.— the intent to influence, a communication re- (1) IN GENERAL.—The Attorney General (A) IN GENERAL.—Beginning 1 year after garding a significant management decision may, in cases where the Attorney General the date of enactment of this Act, the Sec- of a recipient of assistance under this title to determines special circumstances exist, retary may hold an ownership interest with any officer or employee of the recipient. make grants to States and local subdivisions respect to a particular entity for a period of ‘‘(2) CRIMINAL PENALTY.—Any covered per- of States to assist those entities in the in- not more than 6 months if, not later than 1 son who violates paragraph (1) shall be fined vestigation and prosecution of crimes moti- year after the date of enactment of this Act, under title 18, United States Code, impris- vated by animus against the victim by rea- the Secretary submits a report to Congress oned for not more than 1 year, or both. son of the membership of the victim in a par- with respect to that entity stating that— ‘‘(c) CIVIL ACTIONS.— ticular class or group. (i) compliance with paragraph (1)(B) with ‘‘(1) IN GENERAL.—The Attorney General of (2) ELIGIBILITY.—A State or political sub- respect to such entity would have a signifi- the United States may bring a civil action in division of a State applying for assistance cant adverse impact on the taxpayers of the an appropriate United States district court under this subsection shall— United States; and against any covered person to enforce sub- (A) describe the purposes for which the (ii) there is a reasonable expectation that a section (b). grant is needed; and waiver of paragraph (1)(B) would allow the ‘‘(2) CIVIL PENALTY.—Any covered person (B) certify that the State or political sub- Secretary to recover the cost to the Federal who, upon proof by a preponderance of the division lacks the resources necessary to in- Government of acquiring such ownership in- evidence, violates subsection (b) shall be sub- vestigate or prosecute a crime motivated by terest. ject to a civil penalty of not more than animus against the victim by reason of the (B) SINGLE RENEWAL.—The Secretary may $50,000 for each violation. The imposition of membership of the victim in a particular renew an extension under subparagraph (A) a civil penalty under this paragraph shall class or group. for a single period of not more than 6 not preclude any other criminal or civil stat- (3) DEADLINE.—An application for a grant months, if the Secretary submits to Congress utory, common law, or administrative rem- under this subsection shall be approved or a report stating that the conditions de- edy, which is available by law to the United disapproved by the Attorney General not scribed in clauses (i) and (ii) of subparagraph States or any other person. later than 10 days after the application is (A) still exist with respect to the subject ‘‘(3) ORDERS.—If the Attorney General of submitted. ownership interest. the United States has reason to believe that

VerDate Mar 15 2010 14:38 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00054 Fmt 0686 Sfmt 0634 E:\BR09\S15JY9.001 S15JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD July 15, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 13 17811 a covered person is engaging in conduct that tary personnel strengths for such fiscal under chapter 61 of title 10, United States violates subsection (b), the Attorney General year, and for other purposes; which was Code, especially members who were wounded may petition an appropriate United States ordered to lie on the table; as follows: or injured while deployed in a contingency district court for an order prohibiting the operation. covered person from engaging in the con- On page 239, after line 19, add the fol- (c) REPORT ON PLAN.—The Secretary of De- duct. The court may issue an order prohib- lowing: fense shall submit to the congressional de- iting the covered person from engaging in SEC. 733. IMPROVEMENT OF INFORMATION FOR fense committees a report on the following: the conduct if the court finds that the con- MEMBERS AND FORMER MEMBERS (1) A description of how the Secretaries of duct constitutes a violation of subsection OF THE ARMED FORCES ON UP- the military departments can increase the GRADES OF DISCHARGE. (b). The filing of a petition under this para- number of units of the Junior Reserve Offi- (a) CLARIFICATION AND IMPROVEMENT OF IN- graph shall not preclude any other remedy cers’ Training Corps to the number specified FORMATION.— which is available by law to the United in subsection (a), including how many new (1) NOTICE THAT UPGRADE IS NOT AUTO- States or any other person.’’. units may foreseeably be established per MATIC.—Each member of the Armed Forces (6) FEDERAL DEPOSIT INSURANCE CORPORA- year by each service. who is being considered for or processed for TION.—Nothing in this section may be con- (2) The annual funding necessary to sup- an administrative or any other type of dis- strued to impede the ability of the Federal port any increase in units, including the per- charge shall receive written notice that an Deposit Insurance Corporation to maintain sonnel costs associated. upgrade in the characterization of discharge the stability of the banking system. will not automatically result from review of (c) OVERSIGHT BY FINANCIAL STABILITY SA 1543. Mr. RISCH (for himself and the discharge by a board of review under sec- OVERSIGHT BOARD.—Section 104(a) of the Mr. CRAPO) submitted an amendment Emergency Economic Stabilization Act of tion 1533 of title 10, United States Code. The notice shall be dated and shall be provided to intended to be proposed by him to the 2008 (12 U.S.C. 5214(a)) is amended— bill S. 1390, to authorize appropriations (1) in paragraph (2), by striking ‘‘and’’ at the member at least 15 days prior to any the end; deadline to elect a particular characteriza- for fiscal year 2010 for military activi- (2) in paragraph (3), by striking the semi- tion or type of discharge or manner of proc- ties of the Department of Defense, for colon at the end and inserting ‘‘; and’’; and essing. military construction, and for defense (3) by adding at the end the following: (2) NOTICE OF RIGHT TO OBTAIN LEGAL COUN- activities of the Department of Energy, ‘‘(4) reviewing the implementation of sec- SEL.—The written notice required under to prescribe military personnel tion 1083 of the National Defense Authoriza- paragraph (1) shall also advise the member that the member has the right to meet with strengths for such fiscal year, and for tion Act for Fiscal Year 2010.’’. other purposes; which was ordered to (d) REPORTS REQUIRED.— and discuss his or her discharge options with lie on the table; as follows: (1) REPORT ON FEDERAL GOVERNMENT OWN- legal counsel prior to electing a character- ERSHIP.— ization and provide the name, location, On page 100, between lines 2 and 3, insert (A) REPORTS REQUIRED.—The Secretary phone number, and email address of the the following: shall make (and shall publicly disclose) peri- nearest military defense counsel who sup- SEC. 417. AUTHORITY FOR SERVICE SECRETARY odic reports detailing any ownership interest ports the member’s unit. The 15-day election VARIANCES FOR SELECTED RE- held by the Federal Government, including deadline may be extended until the member SERVE END STRENGTHS. any loan or loan guarantee made by the is able to meet with a military defense coun- Section 115(g) of title 10, United States Board of Governors of the Federal Reserve sel should the member so desire. Code, is amended to read as follows: System. (3) RELATED CLARIFICATION.—The notice of ‘‘(g) AUTHORITY FOR SERVICE SECRETARY VARIANCES FOR ACTIVE-DUTY AND SELECTED (B) TIMING OF REPORTS.—The Secretary discharge issued to a member of the Armed shall submit the reports under subparagraph Forces upon discharge may not contain or RESERVE END STRENGTHS.—(1) Upon deter- (A)— include any information, references, or other mination by the Secretary of a military de- (i) not later than 3 months after the date of material that is inconsistent with the notice partment that such action would enhance enactment of this Act; and required under paragraph (1). manning and readiness in essential units or (ii) each quarter of the fiscal year there- (b) RECORD KEEPING.— in critical specialties or ratings, the Sec- after. (1) REQUIREMENT TO MAINTAIN COPY OF RE- retary may— ‘‘(A) increase the end strength authorized (2) REPORTS ON WINDING DOWN OR DIVEST- QUIRED NOTICES.—A copy of each written no- pursuant to subsection (a)(1)(A) for a fiscal MENT.— tice required under subsection (a)(1) shall be year for the armed force under the jurisdic- (A) REPORTS REQUIRED.—The Secretary maintained in the permanent personnel file shall submit to Congress periodic reports on of the member, in addition to any copies di- tion of that Secretary or, in the case of the the plans of the Secretary for compliance rectly provided to the member. Secretary of the Navy, for any of the armed with this section, including any plans to forces under the jurisdiction of that Sec- wind down or divest an ownership interest. SA 1542. Mr. BROWN (for himself and retary, by a number equal to not more than 2 percent of such authorized end strength; (B) TIMING OF REPORTS.—The Secretary Mr. ENSIGN) submitted an amendment shall submit the reports under subparagraph intended to be proposed by him to the and (A)— ‘‘(B) increase the end strength authorized bill S. 1390, to authorize appropriations pursuant to subsection (a)(2) for a fiscal year (i) not later than 6 months after the date of for fiscal year 2010 for military activi- enactment of this Act; and for the Selected Reserve of the reserve com- ties of the Department of Defense, for ponent of the armed force under the jurisdic- (ii) each month thereafter until all owner- military construction, and for defense ship interests are divested under subsection tion of that Secretary or, in the case of the (b)(1)(B). activities of the Department of Energy, Secretary of the Navy, for the Selected Re- (e) PLAN FOR GOVERNMENT SPONSORED EN- to prescribe military personnel serve of the reserve component of any of the TERPRISES.—Not later than 90 days after the strengths for such fiscal year, and for armed forces under the jurisdiction of that date of enactment of this Act, the Secretary other purposes; which was ordered to Secretary, by a number equal to not more than 2 percent of such authorized end shall submit to Congress a report describing lie on the table; as follows: a plan of the Secretary— strength. (1) to end the conservatorship by the Fed- At the end of subtitle C of title V, add the ‘‘(2) Any increase under paragraph (1) of eral Government of the Federal National following: the end strength for an armed force or the Mortgage Association and the Federal Home SEC. 524. INCREASE IN NUMBER OF UNITS OF Selected Reserve of a reserve component of Loan Mortgage Corporation; and JUNIOR RESERVE OFFICERS’ TRAIN- an armed force shall be counted as part of ING CORPS. (2) to eliminate any form of direct owner- the increase for that armed force or Selected (a) PLAN FOR INCREASE.—The Secretary of ship by the Federal Government of the Fed- Reserve for that fiscal year authorized under Defense, in consultation with the Secretaries eral National Mortgage Association and the subsection (f)(1) or subsection (f)(3), respec- of the military departments, may implement Federal Home Loan Mortgage Corporation. tively.’’. a plan to establish and support up to 4,000 SA 1541. Mr. BROWN submitted an Junior Reserve Officers’ Training Corps SA 1544. Mr. RISCH (for himself and amendment intended to be proposed by units not later than fiscal year 2020. Mr. CRAPO) submitted an amendment him to the bill S. 1390, to authorize ap- (b) COOPERATION WITH LOCAL EDUCATIONAL intended to be proposed by him to the AGENCIES.—The Secretary of Defense, in im- bill S. 1390, to authorize appropriations propriations for fiscal year 2010 for plementing a plan under subsection (a), shall military activities of the Department work with local educational agencies to in- for fiscal year 2010 for military activi- of Defense, for military construction, crease the employment in Junior Reserve Of- ties of the Department of Defense, for and for defense activities of the De- ficers’ Training Corps units of retired mem- military construction, and for defense partment of Energy, to prescribe mili- bers of the Armed Forces who are retired activities of the Department of Energy,

VerDate Mar 15 2010 14:38 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00055 Fmt 0686 Sfmt 0634 E:\BR09\S15JY9.001 S15JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD 17812 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 13 July 15, 2009 to prescribe military personnel MENT.—Not later than December 31, 2009, the base for unmanned aircraft in fiscal year strengths for such fiscal year, and for Secretary of the Air Force, in consultation 2010; and other purposes; which was ordered to with the United States Special Operations (2) a description of the policies with re- lie on the table; as follows: Command, shall submit to the congressional spect to use of the national airspace, flight defense committees an assessment of the re- standards, and operating procedures that At the end of subtitle E of title III, add the duction in the service life of AC–130 gunships will be implemented by the Department of following: of the Air Force as a result of the acceler- Defense and the Federal Aviation Adminis- SEC. 342. REPORT ON STATUS OF AIR NATIONAL ated deployments of such gunships that are tration to accommodate the operational GUARD FLEET. anticipated during the seven- to ten-year pe- needs of the Global Hawk unmanned aircraft Not later than 90 days after the date of the riod beginning with the date of the enact- and training requirements with respect to enactment of this Act, the Secretary of De- ment of this Act, assuming that operating fense, in consultation with the Secretary of the Predator-class unmanned aircraft as- tempo continues at a rate per year of the av- the Air Force, the Chief of the National signed to Grand Forks Air Force Base. erage of their operating rate for the last five (b) REPORT.—Not later than 180 days after Guard Bureau, the Director of the Air Na- years. the date of the enactment of this Act, the tional Guard, and such other officials as the (b) ELEMENTS.—The report required by sub- Secretary of Defense considers appropriate, Secretary of Defense and the Secretary of section (a) shall include the following: shall submit to Congress a report on— Transportation shall submit to the congres- (1) An estimate by series of the mainte- (1) the status of the fleet of the Air Na- sional defense committees, the Committee nance costs for the AC–130 gunships during tional Guard; and on Commerce, Science, and Transportation the period described in subsection (a), in- (2) the plans of the Department of Defense of the Senate, and the Committee on Trans- cluding any major airframe and engine over- to ensure that the forces of the Air National portation and Infrastructure of the House of hauls of such aircraft anticipated during Guard remain ready, reliable, and relevant Representatives a report containing the plan that period. to the missions of the Department in Iraq required by subsection (a). (2) A description by series of the age, serv- and Afghanistan and future missions of the iceability, and capabilities of the armament Mr. MENENDEZ (for himself Department. SA 1548. systems of the AC–130 gunships. and Mr. LAUTENBERG) submitted an SA 1545. Ms. LANDRIEU submitted (3) An estimate by series of the costs of amendment intended to be proposed by an amendment intended to be proposed modernizing the armament systems of the him to the bill S. 1390, to authorize ap- AC–130 gunships to achieve any necessary ca- propriations for fiscal year 2010 for by her to the bill S. 1390, to authorize pability improvements. appropriations for fiscal year 2010 for (4) A description by series of the age and military activities of the Department military activities of the Department capabilities of the electronic warfare sys- of Defense, for military construction, of Defense, for military construction, tems of the AC–130 gunships, and an estimate and for defense activities of the De- and for defense activities of the De- of the cost of upgrading such systems during partment of Energy, to prescribe mili- partment of Energy, to prescribe mili- that period to achieve any necessary capa- tary personnel strengths for such fiscal tary personnel strengths for such fiscal bility improvements. year, and for other purposes; which was year, and for other purposes; which was (5) A description by series of the age of the ordered to lie on the table; as follows: avionics systems of the AC–130 gunships, and ordered to lie on the table; as follows: On page 553, between lines 15 and 16, insert an estimate of the cost of upgrading such the following: At the end of subtitle D of title VII, add systems during that period to achieve any the following: necessary capability improvements. SEC. 2707. USE OF ECONOMIC DEVELOPMENT SEC. 733. REPORT ON USE OF ALTERNATIVE CONVEYANCES TO IMPLEMENT BASE (6) An estimate of the costs of replacing all CLOSURE AND REALIGNMENT PROP- THERAPIES IN TREATMENT OF AC–130 gunships with a similar platform that POST-TRAUMATIC STRESS DIS- ERTY RECOMMENDATIONS. ORDER. meets the requirements of the Air Force for (a) ECONOMIC REDEVELOPMENT CONVEYANCE (a) IN GENERAL.—Not later than December a next-generation gunship, including— AUTHORITY.—Subsection (b)(4) of section 2905 31, 2010, the Secretary of Defense and the (A) a description of the time required for of the Defense Base Closure and Realignment Secretary of Veterans Affairs, in consulta- the replacement of every AC–130 gunship Act of 1990 (part A of title XXIX of Public tion with the Secretary of Health and with a similar next-generation gunship; and Law 101–510; 10 U.S.C. 2687 note) is amended— Human Services, shall jointly submit to the (B) a comparative analysis of the costs of (1) in subparagraph (A), by striking ‘‘job appropriate committees of Congress a report operation of AC–130 gunships by series, in- generation’’ and inserting ‘‘economic rede- on the feasibility and advisability of using cluding costs of operation, maintenance, and velopment’’; alternative therapies in the treatment of personnel, with the anticipated costs of oper- (2) by striking subparagraph (B) and insert- post-traumatic stress disorder, including the ation of various platforms that might be ing the following new subparagraph: therapeutic use of animals. suitable for a next-generation gunship. ‘‘(B) Real or personal property at a mili- (b) APPROPRIATE COMMITTEES OF CONGRESS (c) FORM.—The report required by sub- tary installation shall be conveyed, without DEFINED.—In this section, the term ‘‘appro- section (a) shall be submitted in unclassified consideration, under subparagraph (A) to the priate committees of Congress’’ means— form, but may include a classified annex. redevelopment authority with respect to the (1) the Committee on Armed Services, the SA 1547. Mr. DORGAN (for himself installation if the authority— Committee on Appropriations, the Com- ‘‘(i) agrees that the proceeds from any sale mittee on Veterans’ Affairs, and the Com- and Mr. CONRAD) submitted an amend- or lease of the property (or any portion mittee on Health, Education, Labor, and ment intended to be proposed by him thereof) received by the redevelopment au- Pensions of the Senate; and to the bill S. 1390, to authorize appro- thority during at least the first seven years (2) the Committee on Armed Services, the priations for fiscal year 2010 for mili- after the date of the initial transfer of the Committee on Appropriations, the Com- tary activities of the Department of property under subparagraph (A) or the com- mittee on Veterans’ Affairs, and the Com- Defense, for military construction, and pletion of the initial redevelopment of the mittee on Energy and Commerce of the property, whichever is earlier, shall be used House of Representatives. for defense activities of the Depart- ment of Energy, to prescribe military to support the economic redevelopment of, or related to, the installation; and SA 1546. Mr. BINGAMAN submitted personnel strengths for such fiscal ‘‘(ii) executes the agreement for transfer of an amendment intended to be proposed year, and for other purposes; which was the property and accepts control of the prop- by him to the bill S. 1390, to authorize ordered to lie on the table; as follows: erty within a reasonable time after the re- appropriations for fiscal year 2010 for At the end of subtitle D of title IX, add the quirements associated with subsection (c) military activities of the Department following: are satisfied.’’; and of Defense, for military construction, SEC. 933. PLAN ON ACCESS TO NATIONAL AIR- (3) in subparagraph (C), by adding at the and for defense activities of the De- SPACE FOR UNMANNED AIRCRAFT. end the following new clause: partment of Energy, to prescribe mili- (a) IN GENERAL.—The Secretary of Defense ‘‘(xiii) Environmental restoration, waste and the Secretary of Transportation shall tary personnel strengths for such fiscal management, and environmental compliance jointly develop a plan for providing access to activities provided pursuant to subsection year, and for other purposes; which was the national airspace for unmanned aircraft (e).’’. ordered to lie on the table; as follows: of the Department of Defense. The plan shall (b) RECOUPMENT AUTHORITY.—Subsection At the end of subtitle C of title I, add the include— (b)(4)(D) of such section is amended— following: (1) milestones for providing access to the (1) by striking ‘‘The Secretary’’ and insert- SEC. 125. AC–130 GUNSHIPS. national airspace for unmanned aircraft be- ing ‘‘At the conclusion of the period specified (a) REPORT ON REDUCTION IN SERVICE LIFE fore the transition of Grand Forks Air Force in subparagraph (B) applicable to an instal- IN CONNECTION WITH ACCELERATED DEPLOY- Base, North Dakota, into a main operating lation, the Secretary’’; and

VerDate Mar 15 2010 14:38 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00056 Fmt 0686 Sfmt 0634 E:\BR09\S15JY9.002 S15JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD July 15, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 13 17813 (2) by striking ‘‘for the period specified in At the end of subtitle B of title VII, insert the meaning given the term in section 101(a) subparagraph (B)’’ and inserting ‘‘before the the following: of title 10, United States Code. conclusion of such period’’. SEC. 713. REDUCTION OF MINIMUM DISTANCE OF (c) REGULATIONS AND REPORT CONCERNING TRAVEL FOR REIMBURSEMENT OF SA 1552. Mrs. BOXER submitted an PROPERTY CONVEYANCES.— COVERED BENEFICIARIES OF THE amendment intended to be proposed by (1) REGULATIONS.—Not later than 60 days MILITARY HEALTH CARE SYSTEM FOR TRAVEL FOR SPECIALTY him to the bill S. 1390, to authorize ap- after the date of the enactment of this Act, propriations for fiscal year 2010 for the Secretary of Defense shall prescribe reg- HEALTH CARE. (a) REDUCTION.—Section 1074i(a) of title 10, ulations to implement the amendments military activities of the Department United States Code, is amended by striking made by this section to support the convey- of Defense, for military construction, ‘‘100 miles’’ and inserting ‘‘50 miles’’. ance of surplus real and personal property at and for defense activities of the De- (b) EFFECTIVE DATE.—The amendment closed or realigned military installations to made by subsection (a) shall take effect on partment of Energy, to prescribe mili- local redevelopment authorities for eco- the date that is 90 days after the date of the tary personnel strengths for such fiscal nomic development purposes. enactment of this Act, and shall apply with year, and for other purposes; which was (2) REPORT.—Not later than 180 days after respect to referrals for specialty health care ordered to lie on the table; as follows: the date of the enactment of this Act, the made on or after such effective date. At the end of subtitle F of title V, add the Secretary of Defense shall submit to Con- following: gress a report regarding the status of current SA 1551. Mrs. BOXER submitted an and anticipated economic development con- SEC. 557. SUPPORT OF DUAL-MILITARY COUPLES amendment intended to be proposed by WITH DEPENDENTS. veyances involving surplus real and personal her to the bill S. 1390, to authorize ap- (a) IN GENERAL.—Subchapter I of chapter property at closed or realigned military in- propriations for fiscal year 2010 for 88 of title 10, United States Code, is amended stallations, projected job creation as a result by adding at the end the following new sec- of the conveyances, community reinvest- military activities of the Department tion: ment, and progress made as a result of the of Defense, for military construction, implementation of the amendments made by and for defense activities of the De- ‘‘§ 1789a. Prohibition on concurrent deploy- this section. partment of Energy, to prescribe mili- ment of dual-military married couples with tary personnel strengths for such fiscal minor dependents SA 1549. Mr. MENENDEZ (for himself year, and for other purposes; which was ‘‘(a) PROHIBITION ON CONCURRENT DEPLOY- and Mr. LAUTENBERG) submitted an ordered to lie on the table; as follows: MENT.—The Secretary may not deploy over- seas in connection with a contingency oper- amendment intended to be proposed by At the end of subtitle D of title VI, add the ation an individual who— him to the bill S. 1390, to authorize ap- following: propriations for fiscal year 2010 for ‘‘(1) has a minor dependent; SEC. 652. FLEXIBLE SPENDING ARRANGEMENTS ‘‘(2) is married to a member of the armed military activities of the Department FOR THE UNIFORMED SERVICES. forces who is deployed overseas in connec- of Defense, for military construction, (a) FLEXIBLE SPENDING ARRANGEMENTS FOR tion with a contingency operation; and THE UNIFORMED SERVICES.— and for defense activities of the De- ‘‘(3) is designated by such member in the (1) IN GENERAL.—Not later than 180 days partment of Energy, to prescribe mili- family care plan of such member as the pri- after the date of the enactment of this Act, tary personnel strengths for such fiscal mary care provider of such minor dependent. the Secretary of Defense, with respect to year, and for other purposes; which was ‘‘(b) REINTEGRATION PERIOD.—In the case of members of the Army, Navy, Marine Corps, an individual with a minor dependent whose ordered to lie on the table; as follows: and Air Force, the Secretary of Homeland spouse is a member of the armed forces re- On page 565, after line 20, add the fol- Security, with respect to members of the turning from an overseas deployment in con- lowing: Coast Guard, the Secretary of Health and nection with a contingency operation, the Subtitle D—Other Matters Human Services, with respect to commis- Secretary may not deploy such individual sioned officers of the Public Health Service, SEC. 2841. COMPTROLLER GENERAL REPORT ON during the 90-day period beginning on the NAVY SECURITY MEASURES FOR and the Secretary of Commerce, with respect date on which such member returns from LAURELWOOD HOUSING COMPLEX, to commissioned officers of the National such deployment.’’. NAVAL WEAPONS STATION, EARLE, Oceanic and Atmospheric Administration, (b) CLERICAL AMENDMENT.—The table of NEW JERSEY. shall establish procedures to implement Not later than 180 days after the date of sections at the beginning of such chapter is flexible spending arrangements with respect the enactment of this Act, the Comptroller amended by inserting after the item relating to basic pay under section 204 of title 37, General shall submit to the Committees on to section 1789 the following new item: United States Code, and compensation pay- Armed Services of the Senate and House of able under section 206 of title 37, United ‘‘1789a. Prohibition on concurrent deploy- Representatives a report containing a cost States Code, for health care and dependent ment of dual-military married analysis and audit of the sufficiency of the care on a pre-tax basis in accordance with couples with minor depend- Navy’s security measures in advance of the regulations prescribed under sections 106(c) ents.’’. proposed occupancy by the general public of and 125 of the Internal Revenue Code of 1986. units of the Laurelwood Housing complex on SA 1553. Mr. GREGG (for himself and Naval Weapons Station, Earle. The report (2) CONSIDERATIONS.—In establishing the procedures required by paragraph (1), the Mrs. SHAHEEN) submitted an amend- shall include an estimate of costs to be in- ment intended to be proposed by him curred by Federal, State, and local govern- Secretary of Defense, the Secretary of Home- ment agencies in the following areas: land Security, the Secretary of Health and to the bill S. 1390, to authorize appro- (1) Security and safety procedures. Human Services, and the Secretary of Com- priations for fiscal year 2010 for mili- (2) Land/utilities management and serv- merce shall consider life events of members tary activities of the Department of ices. of the uniformed services that are unique to Defense, for military construction, and (3) Educational assistance. them as members of the uniformed services, for defense activities of the Depart- (4) Emergency services. including changes relating to permanent changes of duty station and deployments to ment of Energy, to prescribe military (5) Community services. personnel strengths for such fiscal (6) Environmental services. overseas contingency operations. (b) DEDUCTIONS NOT PROHIBITED FOR EN- year, and for other purposes; which was SA 1550. Mrs. BOXER (for herself, Mr. LISTED MEMBERS.—Section 701(c) of title 37, ordered to lie on the table; as follows: United States Code, relating to assignment BOND, Ms. LANDRIEU, Ms. MURKOWSKI, On page 553, between lines 15 and 16, insert of the pay of an enlisted member, may not be the following: Mrs. LINCOLN, Mrs. GILLIBRAND, Mr. construed to prohibit or invalidate the ar- WYDEN, and Mr. BURRIS) submitted an SEC. 2707. AUTHORITY TO CONSTRUCT PRE- rangements authorized by this section with VIOUSLY AUTHORIZED ARMED amendment intended to be proposed by respect to the pay or compensation of an en- FORCES RESERVE CENTER IN VICIN- her to the bill S. 1390, to authorize ap- listed member. ITY OF SPECIFIED LOCATION AT propriations for fiscal year 2010 for (c) REVIEW OF APPLICABILITY TO SELECTED PEASE AIR NATIONAL GUARD BASE, military activities of the Department RESERVE.—Not later than November 1, 2009, NEW HAMPSHIRE. of Defense, for military construction, the Secretary of Defense shall submit to the The Secretary of the Army may use funds appropriated pursuant to the authorization and for defense activities of the De- congressional defense committees rec- ommendations on the advisability of author- of appropriations in section 2703 of the Dun- partment of Energy, to prescribe mili- izing flexible spending arrangements for can Hunter National Defense Authorization tary personnel strengths for such fiscal members of the Selected Reserve. Act for Fiscal Year 2009 (Public Law 110–417; year, and for other purposes; which was (d) UNIFORMED SERVICES DEFINED.—In this 122 Stat. 4715) for the purpose of constructing ordered to lie on the table; as follows: section, the term ‘‘uniformed services’’ has an Armed Forces Reserve Center at Pease

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Air National Guard Base, New Hampshire, to (B) by adding at the end the following: ‘‘(j) TUITION-FREE ENROLLMENT OF DEPEND- construct instead an Armed Forces Reserve ‘‘(2) SPOUSES.—A spouse of a servicemem- ENTS OF FOREIGN MILITARY PERSONNEL RE- Center in the vicinity of Pease Air National ber shall neither lose nor acquire a residence SIDING ON DOMESTIC MILITARY INSTALLATIONS Guard Base at a location determined by the or domicile for purposes of taxation with re- AND DEPENDENTS OF CERTAIN DECEASED MEM- Secretary to be in the best interest of na- spect to the person, personal property, or in- BERS OF THE ARMED FORCES.—(1) The Sec- tional security and in the public interest. come of the spouse by reason of being absent retary may authorize the enrollment in an or present in any tax jurisdiction of the education program provided by the Sec- SA 1554. Mr. BURR (for himself, Mr. United States solely to be with the service- retary pursuant to subsection (a) of a de- BAYH, Ms. SNOWE, Mr. UDALL of Colo- member in compliance with the pendent not otherwise eligible for such en- rado, Mr. WICKER, Mr. THUNE, Mr. ENZI, servicemember’s military orders if the resi- rollment who is the dependent of an indi- dence or domicile, as the case may be, is the vidual described in paragraph (2). Enroll- Mr. JOHANNS, Ms. MURKOWSKI, Mr. same for the servicemember and the ment of such a dependent shall be on a tui- HATCH, Mrs. LINCOLN, and Ms. LAN- spouse.’’; tion-free basis. DRIEU) submitted an amendment in- (2) by redesignating subsections (c), (d), (e), ‘‘(2) An individual referred to in paragraph tended to be proposed by him to the and (f) as subsections (d), (e), (f), and (g), re- (1) is any of the following: bill S. 1390, to authorize appropriations spectively; ‘‘(A) A member of a foreign armed force re- for fiscal year 2010 for military activi- (3) by inserting after subsection (b) the fol- siding on a military installation in the ties of the Department of Defense, for lowing new subsection: United States (including territories, com- military construction, and for defense ‘‘(c) INCOME OF A MILITARY SPOUSE.—In- monwealths, and possessions of the United come for services performed by the spouse of States). activities of the Department of Energy, a servicemember shall not be deemed to be ‘‘(B) A deceased member of the armed to prescribe military personnel income for services performed or from forces who died in the line of duty in a com- strengths for such fiscal year, and for sources within a tax jurisdiction of the bat-related operation, as designated by the other purposes; which was ordered to United States if the spouse is not a resident Secretary.’’. lie on the table; as follows: or domiciliary of the jurisdiction in which the income is earned because the spouse is in Mr. FEINGOLD submitted At the end of subtitle G of title V, add the SA 1556. the jurisdiction solely to be with the service- an amendment intended to be proposed following: member serving in compliance with military SEC. 573. GUARANTEE OF RESIDENCY FOR by him to the bill S. 1390, to authorize orders.’’; and appropriations for fiscal year 2010 for SPOUSES OF MILITARY PERSONNEL (4) in subsection (d), as redesignated by FOR VOTING PURPOSES. paragraph (2)— military activities of the Department (a) IN GENERAL.—Section 705 of the (A) in paragraph (1), by inserting ‘‘or the of Defense, for military construction; Servicemembers Civil Relief Act (50 U.S.C. spouse of a servicemember’’ after ‘‘The per- and for defense activities of the De- App. 595) is amended— sonal property of a servicemember’’; and partment of Energy, to prescribe mili- (1) by striking ‘‘For’’ and inserting the fol- (B) in paragraph (2), by inserting ‘‘or the tary personnel strengths for such fiscal lowing: spouse’s’’ after ‘‘servicemember’s’’. year, and for other purposes; which was ‘‘(a) IN GENERAL.—For’’; (b) APPLICATION.—Subsections (a)(2) and (c) (2) by adding at the end the following new of section 511 of such Act (50 U.S.C. App. 571), ordered to lie on the table; as follows: subsection: as added by subsection (a) of this section, At the end of subtitle D of title IX, add the ‘‘(b) SPOUSES.—For the purposes of voting and the amendments made to such section following: for any Federal office (as defined in section 511 by subsection (a)(4) of this section, shall SEC. 933. INCLUSION IN BUDGET MATERIALS OF 301 of the Federal Election Campaign Act of apply with respect to any return of State or AMOUNTS FOR FORCES ASSIGNED 1971 (2 U.S.C. 431)) or a State or local office, local income tax filed for any taxable year THE MISSION OF MANAGING THE a person who is absent from a State because beginning with the taxable year that in- CONSEQUENCES OF INCIDENTS IN the person is accompanying the person’s THE UNITED STATES INVOLVING A cludes the date of the enactment of this Act. CHEMICAL, BIOLOGICAL, RADIO- spouse who is absent from that same State SEC. 575. SUSPENSION OF LAND RIGHTS RESI- LOGICAL, OR NUCLEAR DEVICE, OR in compliance with military or naval orders DENCY REQUIREMENT FOR HIGH-YIELD EXPLOSIVES. shall not, solely by reason of that absence— SPOUSES OF MILITARY PERSONNEL. (a) IN GENERAL.—The Secretary of Defense ‘‘(1) be deemed to have lost a residence or (a) IN GENERAL.—Section 508 of the shall submit to Congress, in the budget jus- domicile in that State, without regard to Servicemembers Civil Relief Act (50 U.S.C. tification materials submitted to Congress whether or not the person intends to return App. 568) is amended in subsection (b) by in- in support of the Department of Defense to that State; serting ‘‘or the spouse of such servicemem- budget for a fiscal year (as submitted with ‘‘(2) be deemed to have acquired a resi- ber’’ after ‘‘a servicemember in military the budget of the President under section dence or domicile in any other State; or service’’. 1105(a) of title 31, United States Code), a con- (b) APPLICATION.—The amendment made by ‘‘(3) be deemed to have become a resident solidated budget justification display, in subsection (a) shall apply with respect to in or a resident of any other State.’’; and classified and unclassified form, that covers servicemembers in military service (as de- (3) in the section heading, by inserting all programs and activities related to oper- ‘‘AND SPOUSES OF MILITARY PER- fined in section 101 of such Act (50 U.S.C. App. 511)) on or after the date of the enact- ations of the forces assigned the mission of SONNEL’’ before the period at the end. ment of this Act. managing the consequences of an incident in (b) CLERICAL AMENDMENT.—The table of the United States involving a chemical, bio- contents in section 1(b) of such Act (50 U.S.C. SA 1555. Mr. NELSON of Nebraska logical, radiological, or nuclear device, or App. 501) is amended by striking the item re- high-yield explosives. lating to section 705 and inserting the fol- (for himself and Mr. GRAHAM) sub- mitted an amendment intended to be (b) REQUIREMENTS FOR BUDGET DISPLAY.— lowing new item: The consolidated budget justification display proposed by him to the bill S. 1390, to ‘‘Sec. 705. Guarantee of residency for mili- required by subsection (a) for a fiscal year tary personnel and spouses of authorize appropriations for fiscal year shall include the following: military personnel.’’. 2010 for military activities of the De- (1) A statement of what percentage of the (c) APPLICATION.—Subsection (b) of section partment of Defense, for military con- requirements originally requested for pro- 705 of such Act (50 U.S.C. App. 595), as added struction, and for defense activities of grams and activities related to operations of by subsection (a) of this section, shall apply the Department of Energy, to prescribe the forces referred to in subsection (a) in the with respect to absences from States de- military personnel strengths for such budget review process that the budget re- scribed in such subsection (b) on or after the fiscal year, and for other purposes; quests funds for. date of the enactment of this Act, regardless which was ordered to lie on the table; (2) A summary of actual or estimated ex- of the date of the military or naval order as follows: penditures for such programs and activities concerned. for the fiscal year during which the budget is At the end of subtitle D of title V, add the submitted and for the fiscal year preceding SEC. 574. DETERMINATION FOR TAX PURPOSES following: OF RESIDENCE OF SPOUSES OF that year. MILITARY PERSONNEL. SEC. 537. AUTHORITY TO EXTEND ELIGIBILITY (3) The amount in the budget for such pro- FOR ENROLLMENT IN DEPARTMENT (a) IN GENERAL.—Section 511 of the grams and activities. OF DEFENSE ELEMENTARY AND SEC- Servicemembers Civil Relief Act (50 U.S.C. ONDARY SCHOOLS TO CERTAIN AD- (4) A detailed explanation of the shortfalls, App. 571) is amended— DITIONAL CATEGORIES OF DEPEND- if any, in the funding of any requirement re- (1) in subsection (a)— ENTS. ferred to in paragraph (1), when compared to (A) by striking ‘‘A servicemember’’ and in- Section 2164 of title 10, United States Code, the amount referred to in paragraph (3). serting the following: is amended by adding at the end the fol- (5) The budget estimate for such programs ‘‘(1) IN GENERAL.—A servicemember’’; and lowing new subsection: and activities for the five fiscal years after

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the fiscal year for which the budget is sub- (2) CLERICAL AMENDMENT.—The table of ‘‘(4) to foster the integrity and prestige of mitted. sections at the beginning of chapter 7 of such the Armed Forces; title, as amended by section 633, is further ‘‘(5) to foster fraternal relations between SA 1557. Mrs. LINCOLN (for herself, amended by inserting after the item relating all branches of the various Armed Forces Mr. TESTER, and Mr. WYDEN) submitted to section 411k the following new item: from which members are drawn; an amendment intended to be proposed ‘‘411l. Travel and transportation allowances: ‘‘(6) to further the education of children of by her to the bill S. 1390, to authorize long distance and certain other members of the Armed Forces; appropriations for fiscal year 2010 for travel to inactive duty training ‘‘(7) to aid members of the Armed forces military activities of the Department performed by members of the and their family members and survivors in of Defense, for military construction; reserve components of the every proper and legitimate manner; and for defense activities of the De- armed forces.’’. ‘‘(8) to present and support legislative pro- (b) EFFECTIVE DATE.—The amendments posals that provide for the fair and equitable partment of Energy, to prescribe mili- treatment of members of the Armed Forces, tary personnel strengths for such fiscal made by subsection (a) shall apply with re- spect to travel expenses incurred after the including the National Guard and Reserves, year, and for other purposes; which was expiration of the 90-day period that begins military retirees, family members, sur- ordered to lie on the table; as follows: on the date of the enactment of this Act. vivors, and veterans; and At the end of subtitle C of title VI, add the ‘‘(9) to encourage recruitment and appoint- following: SA 1558. Mr. NELSON of Florida (for ment in the Armed Forces. SEC. 635. TRAVEL AND TRANSPORTATION ALLOW- himself, Mr. BYRD, and Ms. SNOWE) sub- ‘‘§ 140403. Membership ANCES FOR MEMBERS OF THE RE- ‘‘Eligibility for membership in the cor- SERVE COMPONENTS FOR LONG DIS- mitted an amendment intended to be TANCE AND CERTAIN OTHER TRAV- proposed by him to the bill S. 1390, to poration, and the rights and privileges of EL TO INACTIVE DUTY TRAINING. authorize appropriations for fiscal year members of the corporation, are as provided (a) ALLOWANCES REQUIRED.— 2010 for military activities of the De- in the bylaws of the corporation. (1) IN GENERAL.—Chapter 7 of title 37, partment of Defense, for military con- ‘‘§ 140404. Governing body United States Code, as amended by section ‘‘(a) BOARD OF DIRECTORS.—The composi- 633, is further amended by inserting after struction, and for defense activities of the Department of Energy, to prescribe tion of the board of directors of the corpora- section 411k the following new section: tion, and the responsibilities of the board, ‘‘§ 411l. Travel and transportation allowances: military personnel strengths for such are as provided in the articles of incorpora- long distance and certain other travel to in- fiscal year, and for other purposes; tion and bylaws of the corporation. active duty training performed by members which was ordered to lie on the table; ‘‘(b) OFFICERS.—The positions of officers of of the reserve components of the armed as follows: the corporation, and the election of the offi- forces At the end of subtitle H of title X, add the cers, are as provided in the articles of incor- ‘‘(a) ALLOWANCE REQUIRED.—The Secretary following: poration and bylaws. concerned shall reimburse a member of a re- SEC. 1083. GRANT OF FEDERAL CHARTER TO ‘‘§ 140405. Powers serve component of the armed forces for ex- MILITARY OFFICERS ASSOCIATION ‘‘The corporation has only those powers penses, including mileage traveled and lodg- OF AMERICA. provided in its bylaws and articles of incor- ing and subsistence, incurred in connection (a) GRANT OF CHARTER.—Part B of subtitle poration filed in each State in which it is in- with the following: II of title 36, United States Code, is amended corporated. ‘‘(1) Round-trip travel in excess of 100 miles by inserting after chapter 1403 the following ‘‘§ 140406. Restrictions to an inactive duty training location, regard- new chapter: less of the method of transportation. ‘‘(a) STOCK AND DIVIDENDS.—The corpora- ‘‘CHAPTER 1404—MILITARY OFFICERS ‘‘(2) Round-trip travel of any distance to tion may not issue stock or declare or pay a an inactive duty training location, if such ASSOCIATION OF AMERICA dividend. travel requires a commercial method of ‘‘Sec. ‘‘(b) DISTRIBUTION OF INCOME OR ASSETS.— transportation other than ground transpor- ‘‘140401. Organization. The income or assets of the corporation may tation. ‘‘140402. Purposes. not inure to the benefit of, or be distributed ‘‘(b) RATES OF REIMBURSEMENT.— ‘‘140403. Membership. to, a director, officer, or member of the cor- ‘‘(1) MILEAGE.—In determining the amount ‘‘140404. Governing body. poration during the life of the charter grant- of allowances or reimbursement to be paid ‘‘140405. Powers. ed by this chapter. This subsection does not for mileage traveled under subsection (a)(1), ‘‘140406. Restrictions. prevent the payment of reasonable com- the Secretary concerned shall use the mile- ‘‘140407. Tax-exempt status required as condi- pensation to an officer or employee of the age reimbursement rate for the use of pri- tion of charter. corporation or reimbursement for actual vately owned vehicles by Government em- ‘‘140408. Records and inspection. necessary expenses in amounts approved by ployees on official business (when a Govern- ‘‘140409. Service of process. the board of directors. ment vehicle is available), as prescribed by ‘‘140410. Liability for acts of officers and ‘‘(c) LOANS.—The corporation may not the Administrator of General Services under agents. make a loan to a director, officer, employee, section 5707(b) of title 5. ‘‘140411. Annual report. or member of the corporation. ‘‘(2) COMMERCIAL FARE FOR TRAVEL BY COM- ‘‘140412. Definition. ‘‘(d) CLAIM OF GOVERNMENTAL APPROVAL OR MON CARRIER.—The amount of reimburse- ‘‘§ 140401. Organization AUTHORITY.—The corporation may not claim ment to be paid under subsection (a)(2) for ‘‘(a) FEDERAL CHARTER.—Military Officers congressional approval or the authority of travel covered by that subsection shall be Association of America (in this chapter, the the United States Government for any of its the reasonable commercial fare expense for ‘corporation’), a nonprofit organization that activities. such travel by common carrier. meets the requirements for a veterans serv- ‘‘(e) CORPORATE STATUS.—The corporation ‘‘(3) LODGING AND SUBSISTENCE.—In deter- ice organization under section 501(c)(19) of shall maintain its status as a corporation in- mining the amount of allowances or reim- the Internal Revenue Code of 1986 and is or- corporated under the laws of the Common- bursement to be paid for lodging and subsist- ganized under the laws of the Commonwealth wealth of Virginia. ence under this section, the Secretary con- of Virginia, is a federally chartered corpora- ‘‘§ 140407. Tax-exempt status required as con- cerned shall use the per diem rate as pre- tion. dition of charter scribed by the Administrator of General ‘‘(b) EXPIRATION OF CHARTER.—If the cor- ‘‘If the corporation fails to maintain its Services under section 5707 of title 5. poration does not comply with the provisions status as an organization exempt from tax- ‘‘(4) AUTHORITY TO REIMBURSE AT HIGHER of this chapter, the charter granted by sub- ation under the Internal Revenue Code of RATES.—Subject to the availability of appro- section (a) shall expire. 1986, the charter granted under this chapter priations and the approval of the Secretary shall terminate. of Defense, the Secretary concerned may ‘‘§ 140402. Purposes modify the amount of allowances or reim- ‘‘(a) GENERAL.—The purposes of the cor- ‘‘§ 140408. Records and inspection bursement to be paid under this section poration are as provided in its bylaws and ar- ‘‘(a) RECORDS.—The corporation shall using reimbursement rates in excess of those ticles of incorporation and include— keep— prescribed under paragraphs (1), (2), and (3). ‘‘(1) to inculcate and stimulate love of the ‘‘(1) correct and complete records of ac- ‘‘(c) REGULATIONS.—The Secretary con- United States and the flag; count; cerned shall prescribe regulations to carry ‘‘(2) to defend the honor, integrity, and su- ‘‘(2) minutes of the proceedings of the out this section. Regulations prescribed by premacy of the Constitution of the United members, board of directors, and committees the Secretary of a military department shall States and the United States Government; of the corporation having any of the author- be subject to the approval of the Secretary of ‘‘(3) to advocate military forces adequate ity of the board of directors of the corpora- Defense.’’. to the defense of the United States; tion; and

VerDate Mar 15 2010 14:38 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00059 Fmt 0686 Sfmt 0634 E:\BR09\S15JY9.002 S15JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD 17816 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 13 July 15, 2009 ‘‘(3) at the principal office of the corpora- title 36, United States Code, is amended by namo Bay, Cuba, to any facility in the tion, a record of the names and addresses of inserting after the item relating to chapter United States or its territories; the members of the corporation entitled to 1403 the following new item: (2) construct, improve, modify, or other- vote on matters relating to the corporation. ‘‘1404. Military Officers Association wise enhance any facility in the United ‘‘(b) INSPECTION.—A member entitled to of America ...... 140401’’. States or its territories for the purpose of vote on any matter relating to the corpora- housing any detainee described in paragraph tion, or an agent or attorney of the member, SA 1559. Mr. INHOFE (for himself, (1); or may inspect the records of the corporation Mr. ROBERTS, Mr. WICKER, Mr. BUN- (3) permanently or temporarily house or for any proper purpose at any reasonable NING, Mr. CRAPO, Mr. CORNYN, Mr. otherwise incarcerate any detainee described time. DEMINT, Mr. COBURN, Mr. MCCONNELL, in paragraph (1) in the United States or its territories. ‘‘§ 140409. Service of process Mr. RISCH, Mr. GREGG, Mr. BARRASSO, ‘‘The corporation shall comply with the Mr. BOND, Mrs. HUTCHISON, Mr. VITTER, law on service of process of each State in Mr. BENNETT, Mr. CHAMBLISS, Mr. SA 1560. Mr. BINGAMAN (for himself which it is incorporated and each State in HATCH, Mr. BROWNBACK, Mr. THUNE, and Mr. UDALL of New Mexico) sub- which it carries on activities. Mr. KYL, Mr. ENZI, Mr. SESSIONS, Mr. mitted an amendment intended to be ‘‘§ 140410. Liability for acts of officers and BURR, and Mr. JOHANNS) submitted an proposed by him to the bill S. 1390, to agents amendment intended to be proposed by authorize appropriations for fiscal year ‘‘The corporation is liable for any act of 2010 for military activities of the De- any officer or agent of the corporation act- him to the bill S. 1390, to authorize ap- propriations for fiscal year 2010 for partment of Defense, for military con- ing within the scope of the authority of the struction; and for defense activities of corporation. military activities of the Department the Department of Energy, to prescribe ‘‘§ 140411. Annual report of Defense, for military construction, and for defense activities of the De- military personnel strengths for such ‘‘The corporation shall submit to Congress fiscal year, and for other purposes; an annual report on the activities of the cor- partment of Energy, to prescribe mili- poration during the preceding fiscal year. tary personnel strengths for such fiscal which was ordered to lie on the table; The report shall be submitted at the same year, and for other purposes; which was as follows: time as the report of the audit required by ordered to lie on the table; as follows: On page 508, between lines 15 and 16, insert section 10101(b) of this title. The report may At the end of subtitle F of title X of divi- the following: not be printed as a public document. sion A, insert the following: SEC. 2005. TECHNICAL CORRECTIONS REGARD- ‘‘§ 140412. Definition SEC. 1059. PROHIBITION ON TRANSFER OF GUAN- ING CERTAIN MILITARY CONSTRUC- ‘‘In this chapter, the term ‘State’ includes TANAMO DETAINEES. TION PROJECTS, NEW MEXICO. the District of Columbia and the territories No department or agency of the United Notwithstanding the table in section 4501, and possessions of the United States.’’. States may— the amounts available for the following (b) CLERICAL AMENDMENT.—The table of (1) transfer any detainee of the United projects at the following installations shall chapters at the beginning of subtitle II of States housed at Naval Station, Guanta- be as follows: Air Force: Inside the United States

Senate State Installation Project Title Authorized Amount

New Mexico ...... Holloman Air Force Base ...... Fire-Crash Rescue Station ...... $0

Special Operations Command

Senate State Installation Project Title Authorized Amount

New Mexico ...... Cannon Air Force Base ...... SOF AC 130 Loadout Apron Phase 1 ...... $6,000,000

On page 523, in the table preceding line 1, and for defense activities of the De- carrying out the duties of the Ombudsman in the item relating to Holloman Air Force partment of Energy, to prescribe mili- under this section, the Ombudsman shall Base, New Mexico, strike ‘‘$15,900,000’’ in the tary personnel strengths for such fiscal work with the individual employed by the amount column and insert ‘‘$5,500,000’’. year, and for other purposes; which was National Institute for Occupational Safety On page 525, line 2, strike ‘‘$1,746,821,000’’ and Health to serve as an ombudsman to in- and insert ‘‘$1,736,421,000’’. ordered to lie on the table; as follows: dividuals making claims under subtitle B.’’. On page 525, line 5, strike ‘‘$822,515,000’’ and At the end of subtitle C of title XXXI, in- (b) CONSTRUCTION.—Except as specifically insert ‘‘$812,115,000’’. sert the following: provided in subsection (g) of section 3686 of On page 529, in the table preceding line 1 SEC. 3136. EXPANSION OF AUTHORITY OF OM- entitled ‘‘Special Operations Command’’, in the Energy Employees Occupational Illness BUDSMAN OF ENERGY EMPLOYEES Compensation Program Act of 2000, as the item relating to Cannon Air Force Base, OCCUPATIONAL ILLNESS COM- amended by subsection (a) of this section, New Mexico, strike ‘‘$52,864,000’’ in the PENSATION PROGRAM. nothing in the amendments made by such amount column and insert ‘‘$58,864,000’’. (a) IN GENERAL.—Section 3686 of the En- subsection (a) shall be construed to alter or On page 531, line 16, strike ‘‘$3,284,025,000’’ ergy Employees Occupational Illness Com- affect the duties and functions of the indi- and insert ‘‘$3,290,025,000’’. pensation Program Act of 2000 (42 U.S.C. vidual employed by the National Institute On page 531, line 19, strike ‘‘$963,373,000’’ 7385s–15) is amended— for Occupational Safety and Health to serve and insert ‘‘$969,373,000’’. (1) in subsection (c), by inserting ‘‘and sub- as an ombudsman to individuals making title B’’ after ‘‘this subtitle’’ each place it claims under subtitle B of the Energy Em- SA 1561. Mr. BINGAMAN (for himself appears; ployees Occupational Illness Compensation and Mr. ALEXANDER, Mr. BROWN, Mr. (2) in subsection (d), by inserting ‘‘and sub- Program Act of 2000 (42 U.S.C. 7384l et seq.). KENNEDY, Mr. UDALL of Colorado, Mr. title B’’ after ‘‘this subtitle’’; VOINOVICH, Ms. MURKOWSKI, Mr. UDALL (3) in subsection (e), by inserting ‘‘and sub- of New Mexico, Ms. CANTWELL, Mr. title B’’ after ‘‘this subtitle’’ each place it SA 1562. Mr. MENENDEZ (for himself REID, and Mr. BOND) submitted an appears; and Mr. CORKER) submitted an amend- amendment intended to be proposed by (4) by redesignating subsection (g) as sub- ment intended to be proposed by him section (h); and him to the bill S. 1390, to authorize ap- (5) by inserting after subsection (f) the fol- to the bill S. 1390, to authorize appro- propriations for fiscal year 2010 for lowing new subsection: priations for fiscal year 2010 for mili- military activities of the Department ‘‘(g) NATIONAL INSTITUTE FOR OCCUPA- tary activities of the Department of of Defense, for military construction; TIONAL SAFETY AND HEALTH OMBUDSMAN.—In Defense, for military construction, and

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COOPERATIVE AGREEMENTS, ADMINIS- ment of Energy, to prescribe military CERTIFICATE TO VA OFFICES.—’’ before ‘‘The TRATIVE EXPENSES, AND CON- Secretary of Defense’’; and TRACTING AUTHORITY. personnel strengths for such fiscal Section 109 of title 49, United States Code, year, and for other purposes; which was (2) by adding at the end the following new subsection: is amended— ordered to lie on the table; as follows: (1) by striking the heading for subsection ‘‘(b) INCLUSION OF EMAIL ADDRESS.—The (h) and inserting the following: On page 475, between lines 2 and 3, insert Secretary of Defense shall further modify the following: ‘‘(h) CONTRACTS, COOPERATIVE AGREE- the DD Form 214 in order to permit a mem- MENTS, AND AUDITS.—’’; SEC. 1211. RESTRICTIONS ON COALITION SUP- ber of the Armed Forces to include an email (2) by striking the heading for paragraph PORT FUND REIMBURSEMENTS. address on the form.’’. (a) LIMITATION ON USES OF COALITION SUP- (1) of subsection (h) and inserting the fol- lowing: PORT FUND REIMBURSEMENTS.—Coalition Mr. TESTER submitted an Support Fund reimbursements provided to SA 1564. ‘‘(1) CONTRACTS AND COOPERATIVE AGREE- the Government of Pakistan may only be amendment intended to be proposed by MENTS.—’’; provided for the following purposes: him to the bill S. 1390, to authorize ap- (3) by striking ‘‘make contracts’’ in sub- (1) Military operations of the Government propriations for fiscal year 2010 for section (h)(1) and inserting ‘‘make contracts of Pakistan to destroy the terrorist threat military activities of the Department and cooperative agreements’’; and close the terrorist safe haven, known or (4) by striking ‘‘section and’’ in subsection of Defense, for military construction, (h)(1)(A) and inserting ‘‘section,’’; suspected, in the Federally Administered and for defense activities of the De- (5) by striking ‘‘title 46;’’ in subsection Tribal Areas, the North West Frontier Prov- partment of Energy, to prescribe mili- (h)(1)(A) and insert ‘‘title 46, and all other ince, and other regions of Pakistan. tary personnel strengths for such fiscal Maritime Administration programs;’’; and (2) Military operations of the Government (6) by redesignating subsection (i) as sub- of Pakistan to protect United States and al- year, and for other purposes; which was section (j) and inserting after subsection (h) lied logistic operations in support of Oper- ordered to lie on the table; as follows: the following: ation Enduring Freedom or Operation Iraqi At the end of subtitle C of title VI, add the ‘‘(i) GRANT ADMINISTRATIVE EXPENSES.— Freedom. following: Except as otherwise provided by law, the ad- (b) CONSULTATION WITH THE SECRETARY OF SEC. 635. TRAVEL AND TRANSPORTATION FOR ministrative and related expenses for the ad- STATE.—The Secretary of Defense shall con- SURVIVORS OF DECEASED MEM- ministration of any grant programs by the sult with the Secretary of State before pro- BERS OF THE UNIFORMED SERVICES Maritime Administrator may not exceed 3 viding any Coalition Support Fund reim- TO ATTEND MEMORIAL CERE- percent.’’. MONIES. bursements to the Government of Pakistan. SEC. —03. USE OF FUNDING FOR DOT MARITIME (c) CERTIFICATION REQUIREMENT.—Section (a) ALLOWANCES AUTHORIZED.—Subsection HERITAGE PROPERTY. 1232(b) of the National Defense Authorization (a) of section 411f of title 37, United States Section 6(a)(1) of the National Maritime Act for Fiscal Year 2008 (Public Law 110–181; Code, is amended— Heritage Act of 1994 (16 U.S.C. 5405(a)(1)) is 122 Stat. 392), as amended by section 1217 of (1) by redesignating paragraph (2) as para- amended by striking subparagraph (C) and the Duncan Hunter National Defense Au- graph (3); and inserting the following: thorization Act for Fiscal Year 2009 (Public (2) by inserting after paragraph (1) the fol- ‘‘(C) The remainder, whether collected be- Law 110–417; 122 Stat. 4634), is amended— lowing new paragraph (2): fore or after the date of enactment of the (1) in paragraph (1)(A), by striking ‘‘the ‘‘(2) The Secretary concerned may provide Maritime Administration Authorization Act Secretary of Defense shall submit’’ and in- round trip travel and transportation allow- of 2010, shall be available to the Secretary to serting ‘‘the Secretary of Defense, after con- ances to eligible relatives of a member of the carry out the Program, as provided in sub- sultation with the Secretary of State, shall uniformed services who dies while on active section (b) of this section or, if otherwise de- submit’’; and duty in order that the eligible relatives may termined by the Maritime Administrator, for (2) in paragraph (2)— attend a memorial service for the deceased use in the preservation and presentation to (A) by redesignating subparagraphs (A), member that occurs at a location other than the public of maritime heritage property of (B), and (C) as clauses (i), (ii), and (iii), re- the location of the burial ceremony for the Maritime Administration.’’. spectively, and indenting each clause, as so which travel and transportation allowances SEC. —04. LIQUIDATION OF UNUSED LEAVE BAL- redesignated, 6 ems from the left margin; are provided under paragraph (1). Travel and ANCE AT THE MERCHANT MARINE (B) by striking ‘‘shall include an itemized transportation allowances may be provided ACADEMY. description’’ and inserting the following: under this paragraph for travel of eligible The Maritime Administration may use ap- ‘‘shall include the following: relatives to only one memorial service for propriated funds to make a lump-sum pay- ment at a rate of pay that existed on the ‘‘(A) An itemized description’’; and the deceased member concerned.’’. date of termination or day before conversion (C) by adding at the end the following new (b) CONFORMING AMENDMENTS.—Subsection subparagraph: to the Civil Service for any unused annual (c) of such section is amended— leave accrued by a non-appropriated fund in- ‘‘(B) A certification that the reimburse- (1) by striking ‘‘subsection (a)(1)’’ the first ment— strumentality employee who was terminated place it appears and inserting ‘‘paragraphs if determined ineligible for conversion, or ‘‘(i) is consistent with the national secu- (1) and (2) of subsection (a)’’; and rity interests of the United States; and converted to the Civil Service as a United (2) by striking ‘‘subsection (a)(1)’’ the sec- States Merchant Marine Academy employee ‘‘(ii) will not adversely impact the balance ond place it appears and inserting ‘‘para- of power in the region.’’. during fiscal year 2009. graph (1) or (2) of subsection (a)’’. SEC. —05. PERMANENT AUTHORITY TO HIRE AD- SA 1563. Mr. UDALL of New Mexico JUNCT PROFESSORS AT THE MER- Mr. LAUTENBERG (for him- CHANT MARINE ACADEMY. INGAMAN SA 1565. (for himself and Mr. B ) sub- (a) IN GENERAL.—Chapter 513 of title 46, mitted an amendment intended to be self, Mr. ROCKEFELLER, Mrs. HUTCHISON, Mr. THUNE, and Mr. United States Code, is amended by adding at proposed by him to the bill S. 1390, to the end thereof the following: WICKER) submitted an amendment in- authorize appropriations for fiscal year ‘‘§ 51317. Adjunct professors 2010 for military activities of the De- tended to be proposed by him to the bill S. 1390, to authorize appropriations ‘‘(a) IN GENERAL.—The Maritime Adminis- partment of Defense, for military con- trator may, subject to the availability of ap- struction, and for defense activities of for fiscal year 2010 for military activi- propriations, contract with individuals as the Department of Energy, to prescribe ties of the Department of Defense, for personal services contractors to provide military personnel strengths for such military construction, and for defense services as adjunct professors at the United activities of the Department of Energy, States Merchant Marine Academy, if the fiscal year, and for other purposes; Maritime Administrator determines that which was ordered to lie on the table; to prescribe military personnel strengths for such fiscal year, and for there is a need for adjunct professors and the as follows: need is not of permanent duration. other purposes; which was ordered to At the end of subtitle G of title V, add the ‘‘(b) CONTRACT REQUIREMENTS.—Each con- following: lie on the table; as follows: tract under this section— SEC. 573. INCLUSION OF EMAIL ADDRESS ON At the appropriate place, insert the fol- ‘‘(1) shall be approved by the Maritime Ad- CERTIFICATE OF RELEASE OR DIS- lowing: ministrator; and ‘‘(2) shall be for a duration, including op- CHARGE FROM ACTIVE DUTY (DD TITLE —MARITIME ADMINISTRATION FORM 214). tions, of not to exceed one year unless the Section 596 of the National Defense Au- SEC. —01. SHORT TITLE. Maritime Administration finds that excep- thorization Act for Fiscal Year 2008 (Public This title may be cited as the ‘‘Maritime tional circumstances justify an extension, Law 110–181; 10 U.S.C. 1168 note) is amended— Administration Authorization Act of 2010’’. which may not exceed one additional year.

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‘‘(c) LIMITATION ON NUMBER OF CONTRAC- divisions and agents as needed for project SEC. —11. UNITED STATES MERCHANT MARINE TORS.—In awarding contracts under this sec- planning, design, and construction; and ACADEMY GRADUATE PROGRAM RE- tion, the Maritime Administrator shall en- ‘‘(E) encourage such public-private part- CEIPT, DISBURSEMENT, AND AC- sure that not more than 25 individuals ac- nerships as may be necessary for the devel- COUNTING FOR NON-APPROPRIATED FUNDS. tively provide services in any one academic opment of financial support of the project as Section 51309(b) of title 46, United States trimester, or equivalent, as contractors the Administrator deems necessary. Code, is amended by inserting after ‘‘body.’’ under subsection (a). ‘‘(3) PORT INFRASTRUCTURE DEVELOPMENT the following: ‘‘Non-appropriated funds re- ‘‘(d) EXISTING CONTRACTS.—Any contract FUND.— entered into before the date of enactment of ceived for this purpose shall be credited to ‘‘(A) ESTABLISHMENT.—There is a Port In- the Maritime Administration’s Operations the Maritime Administration Authorization frastructure Development Fund for use by Act of 2010 for the services of an adjunct pro- and Training appropriation, to remain avail- the Administrator in carrying out the port able until expended, for those expenses di- fessor at the Academy shall remain in effect infrastructure development program. The for the trimester (or trimesters) for which rectly related to the purpose of such re- Fund shall be available to the Adminis- ceipts. The Superintendent shall maintain a the services were contracted.’’. trator— (b) CONFORMING AMENDMENTS.— separate and detailed accounting of non-ap- ‘‘(i) to administer and carry out the pro- (1) The table of contents for chapter 513 of propriated fund receipts and all associated gram; title 46, United States Code, is amended by expenses.’’. ‘‘(ii) to receive non-Federal and private adding at the end thereof the following: SEC. —12. AMERICA’S SHORT SEA TRANSPOR- funds from entities which have specific ‘‘51317. Adjunct professors.’’. TATION GRANTS FOR THE DEVELOP- agreements or contracts with the Adminis- MENT OF MARINE HIGHWAYS. (2) Section 3506 of the Duncan Hunter Na- trator; and (a) IN GENERAL.—Chapter 556 of title 46, tional Defense Authorization Act for Fiscal ‘‘(iii) to make refunds for projects that will United States Code, is amended by redesig- Year 2009 (46 U.S.C. 53101 note) is repealed. not be completed. nating sections 55602 through 55605 as sec- SEC. —06. USE OF MIDSHIPMAN FEES. ‘‘(B) CREDITS.—There shall be deposited tions 55603 through 55606 and by inserting Section 51314 of title 46, United States into the Fund— after section 55601 the following: Code, is amended— ‘‘(i) funds from non-Federal and private en- (1) by striking ‘‘1994.’’ in subsection (b) and ‘‘§ 55602. Short sea transportation grant pro- tities which have agreements or contracts gram inserting ‘‘1994, or for calculators, com- with the Administrator and which shall re- puters, personal and academic supplies, mid- ‘‘(a) IN GENERAL.—The Secretary of Trans- main in the Fund until expended; portation shall establish and implement a shipman services such as barber, tailor, or ‘‘(ii) income from investments made pursu- laundry services, and U.S. Coast Guard li- short sea transportation grant program. ant to subparagraph (D); and cense fees.’’; and ‘‘(b) PURPOSE.—The purposes of the pro- ‘‘(iii) such amounts as may be appropriated (2) by adding at the end thereof the fol- gram are to make grants to States and other or transferred to the Fund under this sub- lowing: public entities and sponsors of short sea section. ‘‘(c) USE AND ACCOUNTING.— transportation projects designated by the ‘‘(C) TRANSFERS.—Amounts appropriated ‘‘(1) USE.—Midshipman fees collected by Secretary— the Academy shall be credited to the Mari- or otherwise made available for any fiscal ‘‘(1) to facilitate and support marine trans- time Administration’s Operations and Train- year for an intermodal or marine facility portation initiatives at the State and local ing appropriations, to remain available until comprising a component of the program levels to facilitate commerce, mitigate expended, for those expenses directly related shall be transferred to the Fund and admin- landside congestion, reduce the transpor- to the purposes of the fees. Fees collected in istered by the Administrator. tation energy consumption, reduce harmful excess of actual expenses may be returned to ‘‘(D) INVESTMENTS.—Amounts in the Fund emissions, improve safety, assist in environ- the midshipmen through a mechanism ap- which are not currently needed for the pro- mental mitigation efforts, and improve proved by the Maritime Administrator. gram shall be kept on deposit or invested in transportation system resiliency; and obligations of, or guaranteed by, the United ‘‘(2) ACCOUNTING.—The Maritime Adminis- ‘‘(2) to provide capital funding to address tration shall maintain a separate and de- States. short sea transportation infrastructure and tailed accounting of fee revenue and all asso- ‘‘(E) ADMINISTRATIVE EXPENSES.—Adminis- freight transportation needs for ports, ves- ciated expenses.’’. trative and related expenses for the program sels, and intermodal cargo facilities. for any fiscal year may not exceed 3 percent SEC. —07. CONSTRUCTION OF VESSELS IN THE ‘‘(c) ELIGIBLE PROJECTS.—To be eligible for UNITED STATES POLICY. of the amount available to the program for a grant under the program, a project— Section 50101(a)(4) of title 46, United States that fiscal year. ‘‘(1) shall be designed to help relieve con- Code, is amended by inserting ‘‘constructed ‘‘(F) AUTHORIZATION OF APPROPRIATIONS.— gestion, improve transportation safety, fa- in the United States’’ after ‘‘vessels’’. There are authorized to be appropriated to cilitate domestic and international trade, or SEC. —08. PORT INFRASTRUCTURE DEVELOP- the Fund such sums as may be necessary to encourage public-private partnerships; and MENT PROGRAM. carry out the program, taking into account ‘‘(2) may include development, modifica- Section 50302 of title 46, United States amounts received under subparagraph tion, and construction of marine and inter- Code, is amended by adding at the end there- (A)(ii).’’. modal cargo facilities, vessels, port infra- of the following: SEC. —09. REEFS FOR MARINE LIFE CONSERVA- structure and cargo handling equipment, and ‘‘(c) PORT INFRASTRUCTURE DEVELOPMENT TION PROGRAM. transfer facilities at ports. PROGRAM.— (a) IN GENERAL.—Section 3 of Public Law ‘‘(d) SELECTION PROCESS.— ‘‘(1) ESTABLISHMENT OF PROGRAM.—The 92–402 (16 U.S.C. 1220) is amended by adding ‘‘(1) APPLICATIONS.—A State or other pub- Secretary of Transportation, through the at the end thereof the following: lic entity, or the sponsor of any short sea Maritime Administration, shall establish a ‘‘(d) Any territory, possession, or Common- transportation project designated by the port infrastructure development program for wealth of the United States, and any foreign Secretary under the America’s Marine High- the improvement of port facilities. country, may apply to the Secretary for an way Program (MARAD Docket No. 2008–0096; ‘‘(2) AUTHORITY OF THE ADMINISTRATOR.—In obsolete vessel to be used for an artificial 73 FR 59530), may submit an application to order to carry out any program established reef under this section. The application proc- Secretary for a grant under the short sea under paragraph (1), the Maritime Adminis- ess and reefing of any such obsolete vessel transportation grant program. The applica- trator may— shall be performed in a manner consistent tion shall contain such information and as- ‘‘(A) receive funds provided for the pro- with the process jointly developed by the surances as the Secretary may require. Secretary of Transportation and the Admin- gram from non-Federal and private entities ‘‘(2) PRIORITY.—In selecting projects for istrator of the Environmental Protection that have a specific agreement or contract grants, the Secretary shall give priority to Agency under section 3504(b) of Public Law with the Maritime Administration to further projects that are consistent with the objec- 107–314 (16 U.S.C. 1220 note).’’. the purposes of this subsection; tives of the short sea transportation initia- (b) LIMITATION.—Section 7 of Public Law ‘‘(B) coordinate with other Federal agen- 92–402 (16 U.S.C. 1220c–1) is amended by add- tive and America’s Marine Highway Program cies to expedite the process established ing at the end thereof the following: that will— under the National Environmental Policy ‘‘(d) LIMITATION.—The Secretary may not ‘‘(A) mitigate landside congestion; Act of 1969 (42 U.S.C. 4321 et seq.) for the im- provide assistance under this section to a ‘‘(B) provide the greatest public benefit in provement of port facilities to relieve port foreign country to which an obsolete ship is energy savings, reduced emissions, improved congestion, to increase port security, or to transferred under this Act.’’. system resiliency, and improved safety; provide greater access to port facilities; SEC. —10. STUDENT INCENTIVE PAYMENT ‘‘(C) include and demonstrate the greatest ‘‘(C) seek to coordinate all reviews or re- AGREEMENTS. environmental responsibility; and quirements with appropriate local, State, Section 51509(b) of title 46, United States ‘‘(D) provide savings as an alternative to or and Federal agencies; Code, is amended by striking ‘‘paid before means to avoid highway or rail transpor- ‘‘(D) provide such technical assistance to the start of each academic year,’’ and insert- tation infrastructure construction and main- port authorities or commissions or their sub- ing ‘‘paid,’’. tenance.

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Mr. INOUYE submitted an available to a recipient of a grant under this the Marine View system so that such system amendment intended to be proposed by section shall be used by the recipient for the is able to identify, collect, integrate, secure, him to the bill S. 1390, to authorize ap- protect, store, and securely distribute project described in the application of the re- propriations for fiscal year 2010 for cipient approved by the Secretary.’’. throughout the marine transportation sys- (b) CLERICAL AMENDMENT.—The table of tem information that— military activities of the Department contents for chapter 556 of title 46, United (1) provides access to many disparate ma- of Defense, for military construction, States Code, is amended— rine transportation system data sources; and for defense activities of the De- (1) by redesignating the items relating to (2) enables a system-wide view of the ma- partment of Energy, to prescribe mili- sections 55602 through 55605 as relating to rine transportation system; tary personnel strengths for such fiscal section 55603 through 55606; and (3) fosters partnerships between the Gov- year, and for other purposes; which was ernment of the United States and private en- (2) by inserting after the item relating to ordered to lie on the table; as follows: section 55601 the following: tities; (4) facilitates accurate and efficient mod- On page 565, after line 20, add the fol- ‘‘55602. Short sea transportation grant pro- lowing: gram.’’. eling of the entire marine transportation system environment; SEC. 2832. LAND CONVEYANCES OF CERTAIN PAR- SEC. —13. EXPANSION OF THE MARINE VIEW SYS- CELS IN THE CAMP CATLIN AND TEM. (5) monitors and tracks threats to the ma- rine transportation system, including areas OHANA NUI AREAS, PEARL HARBOR, (a) DEFINITIONS.—In this section: HAWAII. of severe weather or reported piracy; and (1) MARINE TRANSPORTATION SYSTEM.—The (a) REQUIREMENT.—In the event the Sec- (6) provides vessel tracking and rerouting, term ‘‘marine transportation system’’ means retary of the Navy (‘‘the Secretary’’) deter- as appropriate, to ensure that the economic the navigable water transportation system mines that certain parcels of real property viability of the United States waterways is of the United States, including the vessels, under the jurisdiction of the Secretary and maintained. ports (and intermodal connections thereto), located at the Camp Catlin and Ohana Nui (e) AGREEMENTS AND CONTRACTS.—The Ad- and shipyards and other vessel repair facili- ministrator of the Maritime Administration areas, Hawaii (‘‘the property’’), are excess to ties that are components of that system. may enter into cooperative agreements, the needs of the Department of the Navy, the (2) MARINE VIEW SYSTEM.—The term ‘‘Ma- partnerships, contracts, or other agreements Secretary may offer to any person or entity rine View system’’ means the information with industry or other Federal agencies to leasing or licensing such property or any system of the Maritime Administration carry out this section. portion thereof as of the date of the enact- known as Marine View. (f) AUTHORIZATION OF APPROPRIATIONS.— ment of this Act (‘‘the lessee’’) the right to (b) FINDINGS.—Congress finds the fol- There are authorized to be appropriated purchase all right, title, and interest of the lowing: $10,000,000 for each of fiscal years 2010 United States in and to the portion of the (1) Information regarding the marine through 2013 to carry out this section. property respectively leased or licensed by transportation system is comprised of infor- SEC. —14. AUTHORIZATION OF APPROPRIATIONS such person or entity in exchange for pay- mation from the Government of the United FOR FISCAL YEAR 2010. ment of not less than the fair market value States and from commercial sources. (a) IN GENERAL.—There are authorized to of such property or any portion thereof, be- (2) Marine transportation system informa- be appropriated to the Secretary of Trans- fore the property or portion thereof is made tion includes information regarding water- portation, for the use of the Maritime Ad- available for transfer pursuant to the Hawai- ways, bridges, locks, dams, and all inter- ministration, for fiscal year 2010 the fol- ian Home Lands Recovery Act (title II of modal components that are dependent on lowing amounts: Public Law 104–42; 109 Stat. 357), for use by maritime transportation and accurate infor- (1) For expenses necessary for operations any other Federal agency, or for disposal mation regarding marine transportation is and training activities, $152,900,000, of under applicable laws. critical to the health of the United States which— (b) EXERCISE OF RIGHT TO PURCHASE PROP- economy. (A) $74,448,000 shall remain available until ERTY.— (3) Numerous challenges face the marine expended for expenses at the United States (1) ACCEPTANCE OF OFFER.—For a period of transportation system, including projected Merchant Marine Academy, of which 180 days beginning on the date the Secretary growth in cargo volumes, international com- $15,391,000 shall be available for the capital makes a written offer to sell the property or petition, complexity, cooperation, and the improvement program; and any portion thereof under subsection (a), the need for improved efficiency. (B) $11,240,000 which shall remain available lessee shall have the exclusive right to ac- (4) There are deficiencies in the current in- until expended for maintenance and repair of cept such offer by providing written notice of formation environment of the marine trans- school ships at the State Maritime Acad- acceptance to the Secretary within the spec- portation system, including the inability to emies. ified 180-day time period. If the Secretary’s model the entire marine transportation sys- (2) For expenses to maintain and preserve offer is not so accepted within the 180-day tem to address capacity planning, disaster a United States-flag merchant fleet to serve period, the offer shall expire and the prop- planning, and disaster recovery. the national security needs of the United erty may be disposed of in accordance with (5) The current information environment States under chapter 531 of title 46, United laws, regulations, and procedures otherwise of the marine transportation system con- States Code, $174,000,000. applicable to administration and disposal of tains multiple unique systems that are du- (3) For paying reimbursement under sec- excess military property. plicative, not integrated, not able to be tion 3517 of the Maritime Security Act of (2) CONVEYANCE DEADLINE.—If a lessee ac- shared, not secure, or that have little struc- 2003 (46 U.S.C. 53101 note), $19,500,000. cepts the offer to purchase the property or a tured privacy protections, not protected (4) For expenses to dispose of obsolete ves- portion thereof in accordance with para- from loss or destruction, and will not be sels in the National Defense Reserve Fleet, graph (1), the conveyance shall take place available when needed. including provision of assistance under sec- not later than 2 years after the date of the (6) There is a lack of system-wide informa- tion 7 of Public Law 92–402, $15,000,000. lessee’s written acceptance, provided that tion views in the marine transportation sys- (5) For the cost (as defined in section 502(5) the conveyance date may be extended for a tem. of the Federal Credit Reform Act of 1990 (2 reasonable period of time by mutual agree- (7) The Administrator of the Maritime Ad- U.S.C. 661a(5))) of loan guarantees under the ment of the parties, evidenced by a written ministration is uniquely positioned to de- program authorized by chapter 537 of title 46, instrument executed by the parties prior to velop and execute the role of marine trans- United States Code, $30,000,000. the end of the 2-year period. If the lessee’s portation system information advocate, to (6) For administrative expenses related to lease or license term expires before the con- serve as the focal point for marine transpor- the implementation of the loan guarantee veyance is completed, the Secretary may ex- tation system information management, and program under chapter 537 of title 46, United tend the lease or license term up to the date to provide a robust information infrastruc- States Code, administrative expenses related of conveyance, provided that the lessee shall ture to identify, collect, secure, protect, to implementation of the reimbursement be required to pay for such extended term at store, and deliver critical information re- program under section 3517 of the Maritime the rate in effect at the time it was declared garding the marine transportation system. Security Act of 2003 (46 U.S.C. 53101 note), excess property. (c) PURPOSES.—The purposes of this section and administrative expenses related to the (c) CONSIDERATION AND OTHER TERMS.—A are— implementation of the small shipyards and conveyance to a lessee under this section (1) to expand the Marine View system; and maritime communities assistance program shall be at fair market value of the property (2) to provide support for the strategic re- under section 54101 of title 46, United States or portion thereof to be conveyed, as deter- quirements of the marine transportation sys- Code, $6,000,000. mined by the Secretary, and shall be subject tem and its contribution to the economic vi- (b) AVAILABILITY.—Amounts appropriated to such other terms, conditions, and limita- ability of the United States. pursuant to subsection (a) shall remain tions as the Secretary may deem appropriate (d) EXPANSION OF MARINE VIEW SYSTEM.— available, as provided in appropriations Acts, to protect the interests of the United States. To accomplish the purposes of this section, until expended. The proceeds of any such conveyance shall

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be deposited in the special account referred ‘‘(2) The Secretary concerned may reduce (6) RETROACTIVE APPLICABILITY.—The to in section 572(b)(5) of title 40, United the two-year service requirement specified in amendments made by this subsection shall States Code, and shall be available for the paragraph (1)(C) in the case of a person take effect as of January 1, 2008. uses and under the conditions provided for who— (b) RECOMPUTATION OF RETIRED PAY AND funds deposited into that account. ‘‘(A) completed at least six months of serv- ADJUSTMENT OF RETIRED GRADE OF RESERVE (d) INAPPLICABILITY OF CERTAIN PROPERTY ice in a position of adjutant general required RETIREES TO REFLECT SERVICE AFTER RE- MANAGEMENT AND DISPOSAL LAWS.—Fee con- under section 314 of title 32 or in a position TIREMENT.— veyances to lessees under this section shall (1) RECOMPUTATION.—Section 10145 of title not be subject to the following provisions of of assistant adjutant general subordinate to such a position of adjutant general; and 10, United States Code, is amended by adding law: at the end the following new subsection: ‘‘(B) failed to complete the minimum two (1) Section 2696 of title 10, United States ‘‘(e)(1) If a member of the Retired Reserve years of service solely because the appoint- Code. is recalled to an active status under sub- ment of the person to such position was ter- (2) Section 501 of the McKinney–Vento section (d) in the Selected Reserve of the minated or vacated as described in section Homeless Assistance Act (42 U.S.C. 11411). Ready Reserve and completes not less than 324(b) of title 32.’’. (3) Section 572 of title 40, United States two years of service in such active status, (2) ACTIONS TO EFFECTUATE ELECTION.—Sub- Code. the member is entitled to— section (b) of such section is amended by SA 1567. Mr. BROWN submitted an ‘‘(A) the recomputation of the retired pay striking paragraph (1) and inserting the fol- of the member determined under section amendment intended to be proposed by lowing new paragraph: 12739 of this title; and him to the bill S. 1390, to authorize ap- ‘‘(1) terminate the eligibility of the person ‘‘(B) in the case of a commissioned officer, propriations for fiscal year 2010 for to retire under chapter 65, 367, 571, or 867 of an adjustment in the retired grade of the military activities of the Department this title, if the person is not already retired member in the manner provided in section of Defense, for military construction, under one of those chapters, and terminate 1370 of this title. and for defense activities of the De- entitlement of the person to retired or re- ‘‘(2) The Secretary concerned may reduce partment of Energy, to prescribe mili- tainer pay under one of those chapters, if the the two-year service requirement specified in tary personnel strengths for such fiscal person was already receiving retired or re- paragraph (1) in the case of a member who— tainer pay under one of those chapters; and’’. ‘‘(A) is recalled to serve in a position of ad- year, and for other purposes; which was (3) CONFORMING AMENDMENT TO REFLECT ordered to lie on the table; as follows: jutant general required under section 314 of NEW VARIABLE AGE REQUIREMENT FOR RETIRE- title 32 or in a position of assistant adjutant At the end of subtitle B of title V, add the MENT.—Subsection (d) of such section is general subordinate to such a position of ad- following: amended— jutant general; SEC. 512. MODIFICATION OF CERTAIN RETIRE- (A) in paragraph (1), by striking ‘‘attains 60 ‘‘(B) completes at least six months of serv- MENT PAY AND GRADE AUTHORI- years of age’’ and inserting ‘‘attains the eli- ice in such position; and TIES FOR SERVICES PERFORMED gibility age applicable to the person under AFTER ELIGIBILITY FOR RETIRE- ‘‘(C) fails to complete the minimum two MENT. section 12731(f) of this title’’; and years of service solely because the appoint- (a) ELECTION TO RECEIVE RETIRED PAY FOR (B) in paragraph (2)(A), by striking ‘‘at- ment of the member to such position is ter- NON-REGULAR SERVICE UPON RETIREMENT FOR tains 60 years of age’’ and inserting ‘‘attains minated or vacated as described in section SERVICE IN AN ACTIVE RESERVE STATUS PER- the eligibility age applicable to the person 324(b) of title 32.’’. FORMED AFTER ATTAINING ELIGIBILITY FOR under such section’’. (2) RETROACTIVE APPLICABILITY.—The REGULAR RETIREMENT.— (4) REPEAL OF RESTRICTION ON ELECTION TO amendment made by this subsection shall (1) ELECTION AUTHORITY; REQUIREMENTS.— RECEIVE RESERVE RETIRED PAY.—Section take effect as of January 1, 2008. Subsection (a) of section 12741 of title 10, 12731(a) of such title is amended— United States Code, is amended to read as (A) by inserting ‘‘and’’ at the end of para- SA 1568. Mr. BINGAMAN (for himself follows: graph (2); and Mr. UDALL of New Mexico) sub- ‘‘(a) AUTHORITY TO ELECT TO RECEIVE RE- (B) by striking ‘‘; and’’ at the end of para- mitted an amendment intended to be SERVE RETIRED PAY.—(1) A person may elect graph (3) and inserting a period; and proposed by him to the bill S. 1390, to to receive retired pay under this chapter, in- (C) by striking paragraph (4). authorize appropriations for fiscal year stead of receiving retired or retainer pay (5) CLERICAL AMENDMENTS.— under chapter 65, 367, 571, or 867 of this title, (A) SECTION HEADING.—The heading for sec- 2010 for military activities of the De- if— tion 12741 of such title is amended to read as partment of Defense, for military con- ‘‘(A) the person satisfies the requirements follows: struction, and for defense activities of specified in paragraphs (1) and (2) of section the Department of Energy, to prescribe 12731(a) of this title for entitlement to re- ‘‘§ 12741. Retirement for service in an active military personnel strengths for such tired pay under this chapter; status performed in the Selected Reserve of ‘‘(B) the person served in an active status the Ready Reserve after eligibility for reg- fiscal year, and for other purposes; in the Selected Reserve of the Ready Reserve ular retirement’’. which was ordered to lie on the table; as follows: after becoming eligible for retirement under (B) TABLE OF SECTIONS.—The table of sec- chapter 65, 367, 571, or 867 of this title (with- tions at the beginning of chapter 1223 of such On page 508, between lines 15 and 16, insert out regard to whether the person actually re- title is amended by striking the item relat- the following: tired or received retired or retainer pay ing to section 12741 and inserting the fol- SEC. 2005. TECHNICAL CORRECTIONS REGARD- under one of those chapters); lowing new item: ING MILITARY CONSTRUCTION ‘‘(C) the person completed not less than PROJECT, CANNON AIR FORCE BASE, two years of service in such active status ‘‘12741. Retirement for service in an active NEW MEXICO. (excluding any period of active service); and status performed in the Se- Notwithstanding the table in section 4501, ‘‘(D) the service of the person in such ac- lected Reserve of the Ready Re- the amounts available for the following tive status is determined by the Secretary serve after eligibility for reg- projects at the following installations or lo- concerned to have been satisfactory. ular retirement.’’. cations shall be as follows: Special Operations Command

Senate State Installation Project Title Authorized Amount

New Mexico ...... Cannon Air Force Base ...... SOF AC 130 Loadout Apron Phase 1 ...... $6,000,000

Energy Conservation Projects, Defense-wide

Senate Location Project Title Authorized Amount

Unspecified Worldwide ...... Energy Conservation Improvement Program ...... $117,013,000

VerDate Mar 15 2010 14:38 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00064 Fmt 0686 Sfmt 0634 E:\BR09\S15JY9.002 S15JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD July 15, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 13 17821 On page 529, in the table preceding line 1 SA 1571. Mr. JOHANNS (for himself, payable under title 10, United States Code, entitled ‘‘Special Operations Command’’, in Mr. BUNNING, Mr. CRAPO, Mr. INHOFE, for months beginning on or after the date of the item relating to Cannon Air Force Base, Mr. MARTINEZ, Mr. BOND, Mr. COBURN, the enactment of this Act. No retired pay New Mexico, strike ‘‘$52,864,000’’ in the shall be paid to any individual by reason of Mr. BENNETT, Mr. KYL, and Mr. ROB- amount column and insert ‘‘$58,864,000’’. subsection (a) for any period before that On page 531, line 8, strike ‘‘$123,013,000’’ and ERTS) submitted an amendment in- date. insert ‘‘$117,013,000’’. tended to be proposed by him to the (c) WORLD WAR II DEFINED.—In this sec- On page 531, line 19, strike ‘‘$963,373,000’’ bill S. 1390, to authorize appropriations tion, the term ‘‘World War II’’ has the mean- and insert ‘‘$969,373,000’’. for fiscal year 2010 for military activi- ing given that term in section 101(8) of title On page 532, line 11, strike ‘‘$123,013,000’’ ties of the Department of Defense, for 38, United States Code. and insert ‘‘$117,013,000’’. military construction, and for defense Mr. BEGICH submitted an activities of the Department of Energy, SA 1573. SA 1569. Mr. BURRIS submitted an amendment intended to be proposed by to prescribe military personnel amendment intended to be proposed by him to the bill S. 1390, to authorize ap- strengths for such fiscal year, and for him to the bill S. 1390, to authorize ap- propriations for fiscal year 2010 for other purposes; which was ordered to propriations for fiscal year 2010 for military activities of the Department lie on the table; as follows: military activities of the Department of Defense, for military construction, of Defense, for military construction, At the end of subtitle C of title XII, add and for defense activities of the De- the following: and for defense activities of the De- partment of Energy, to prescribe mili- partment of Energy, to prescribe mili- SEC. 1232. SENSE OF THE SENATE ON THE IMPLE- MENTATION OF THE UNITED tary personnel strengths for such fiscal tary personnel strengths for such fiscal STATES–COLOMBIA TRADE PRO- year, and for other purposes; which was year, and for other purposes; which was MOTION AGREEMENT. ordered to lie on the table; as follows: ordered to lie on the table; as follows: It is the sense of the Senate that— On page 565, after line 20, insert the fol- On page 92, between lines 18 and 19, insert (1) the successes achieved by the President lowing: of Colombia, Alvaro Uribe, in rebuilding the the following: SEC. 2832. LAND CONVEYANCE, HAINES TANK SEC. 342. PLAN FOR MANAGING VEGETATIVE EN- Government of Colombia, strengthening the FARM, HAINES, ALASKA. CROACHMENT AT TRAINING institutions of Colombia, and solidifying the (a) CONVEYANCE AUTHORIZED.—The Sec- RANGES. rule of law in Colombia are historic; retary of the Army may convey to the Section 366(a)(5) of the Bob Stump Na- (2) President Uribe, the Government of Co- Chilkoot Indian Association (in this section tional Defense Authorization Act for Fiscal lombia, and the security forces of Colombia referred to as the ‘‘Association’’) all right, Year 2003 (Public Law 107–314; 10 U.S.C. 113 should be congratulated for significant suc- title, and interest of the United States in note) is amended— cesses in fighting the Revolutionary Armed and to a parcel of real property, including (1) by striking ‘‘(5) At the same time’’ and Forces of Colombia (FARC); improvements thereon, consisting of ap- inserting ‘‘(5)(A) At the same time’’; and (3) the close ties between the United States proximately 201 acres located at the former (2) by adding at the end the following new and Colombia in the fight against illicit nar- Haines Fuel Terminal (also known as the subparagraph: cotics, terrorism, and transnational crime Haines Tank Farm) in Haines, Alaska, for ‘‘(B) Beginning with the report submitted should be recognized; the purpose of permitting the Association to to Congress at the same time as the Presi- (4) the United States–Colombia Trade Pro- develop a Deep Sea Port and for other indus- dent submits the budget for fiscal year 2011, motion Agreement is enormously advan- trial and commercial development purposes. the report required under this subsection tageous for workers, businesses, and farmers To the extent practicable, the Secretary is shall include the following: in the United States, who would be able to encouraged to complete the conveyance by ‘‘(i) An assessment of the extent to which export goods to Colombia duty-free; September 30, 2013, but not prior to the date vegetation and overgrowth limits the use of (5) it is in the security, economic, and dip- of completion of all obligations referenced in military lands available for training of the lomatic interests of the United States to subsection (e). Armed Forces in the United States and over- deepen the relationship between the United (b) CONSIDERATION.—As consideration for seas. States and Colombia; and the conveyance under subsection (a), the As- ‘‘(ii) Identification of the particular instal- (6) the United States should implement the sociation shall pay to the Secretary an lations and training areas at which vegeta- United States–Colombia Trade Promotion amount equal to the fair market value of the tion and overgrowth negatively impact the Agreement immediately. property, as determined by the Secretary. use of training space. The determination of the Secretary shall be ‘‘(iii)(I) As part of the first such report sub- SA 1572. Mr. BEGICH submitted an final. At the election of the Secretary, the mitted, a plan to address training con- amendment intended to be proposed by Secretary may accept in-kind consideration straints caused by vegetation and over- him to the bill S. 1390, to authorize ap- in lieu of all or a portion of the cash pay- growth. propriations for fiscal year 2010 for ment. ‘‘(II) As part of each subsequent report, military activities of the Department (c) REVERSIONARY INTEREST.—If the Sec- any necessary updates to such plan.’’. of Defense, for military construction, retary determines at any time that the real and for defense activities of the De- property conveyed under subsection (a) is SA 1570. Mr. FRANKEN submitted an not being used in accordance with the pur- amendment intended to be proposed by partment of Energy, to prescribe mili- pose of the conveyance, all right, title, and him to the bill S. 1390, to authorize ap- tary personnel strengths for such fiscal interest in and to such real property, includ- propriations for fiscal year 2010 for year, and for other purposes; which was ing any improvements and appurtenant ease- military activities of the Department ordered to lie on the table; as follows: ments thereto, shall, at the option of the of Defense, for military construction, At the end of subtitle D of title VI, add the Secretary, revert to and become the property and for defense activities of the De- following: of the United States, and the United States shall have the right of immediate entry onto partment of Energy, to prescribe mili- SEC. 652. TREATMENT AS ACTIVE SERVICE FOR such real property. A determination by the tary personnel strengths for such fiscal RETIRED PAY PURPOSES OF SERV- ICE AS MEMBER OF ALASKA TERRI- Secretary under this subsection shall be year, and for other purposes; which was TORIAL GUARD DURING WORLD made on the record after an opportunity for ordered to lie on the table; as follows: WAR II. a hearing. At the end of subtitle G of title V, add the (a) IN GENERAL.—Service as a member of (d) PAYMENT OF COSTS OF CONVEYANCES.— following: the Alaska Territorial Guard during World (1) PAYMENT REQUIRED.—The Secretary SEC. 573. ENHANCEMENT OF CERTIFICATE OF War II of any individual who was honorably shall require the Association to cover costs RELEASE OR DISCHARGE FROM AC- discharged therefrom under section 8147 of to be incurred by the Secretary, or to reim- TIVE DUTY (DD FORM 214). the Department of Defense Appropriations burse the Secretary for costs incurred by the The Secretary of Defense shall modify the Act, 2001 (Public Law 106–259; 114 Stat. 705) Secretary, to carry out the conveyance Certificate of Release or Discharge from Ac- shall be treated as active service for pur- under subsection (a), including survey costs, tive Duty (DD Form 214) to include a current poses of the computation under chapter 61, costs related to environmental documenta- electronic mail address (if any) and a current 71, 371, 571, 871, or 1223 of title 10, United tion, and other administrative costs related telephone number as information requested States Code, as applicable, of the retired pay to the conveyance. If amounts are collected of a member of the Armed Forces by the to which such individual may be entitled from the Association in advance of the Sec- form. Such information shall be provided under title 10, United States Code. retary incurring the actual costs, and the only with the consent of the member of the (b) APPLICABILITY.—Subsection (a) shall amount collected exceeds the costs actually Armed Forces. apply with respect to amounts of retired pay incurred by the Secretary to carry out the

VerDate Mar 15 2010 14:38 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00065 Fmt 0686 Sfmt 0634 E:\BR09\S15JY9.002 S15JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD 17822 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 13 July 15, 2009 conveyance, the Secretary shall refund the ber and is in the interest of the United rupted the normal relationship be- excess amount to the Association. States and the Secretary approves the trans- tween futures prices and cash prices for (2) TREATMENT OF AMOUNTS RECEIVED.— portation in advance.’’. wheat, and caused farmers, grain ele- (b) TECHNICAL AND CONFORMING AMEND- Amounts received as reimbursements under vators, grain processors, and others to paragraph (1) shall be credited to the fund or MENTS.—Such subsection is further amend- account that was used to cover the costs in- ed— experience significant unwarranted curred by the Secretary in carrying out the (1) by striking ‘‘his dependents’’ and in- costs and price risks. The Sub- conveyance. Amounts so credited shall be serting ‘‘a dependent of the member’’; committee hearing will examine the merged with amounts in such fund or ac- (2) by striking ‘‘him’’ and inserting ‘‘the nature of the problems caused by index count and shall be available for the same member’’; trading in the wheat market and pos- purposes, and subject to the same conditions (3) by striking ‘‘his)’’ and inserting ‘‘the sible solutions, including applying and limitations, as amounts in such fund or member)’’; standard position limits to index trad- (4) by striking ‘‘his new’’ and inserting account. ers instead of exempting them. Wit- (e) SAVINGS PROVISION.—The Haines Tank ‘‘the member’s new’’; and Farm is currently under a remedial inves- (5) in paragraph (1)(C), as redesignated by nesses for the upcoming hearing will tigation (RI) for petroleum, oil and lubri- subsection (a)— include representatives of CFTC, and cants contamination. Nothing in this section (A) by striking ‘‘clauses (1) and (2)’’ and in- the Chicago Mercantile Exchange, as shall be construed to affect or limit the ap- serting ‘‘subparagraphs (A) and (B)’’; and well as representatives of wheat pro- plication of, or any obligation to comply (B) by inserting ‘‘or’’ after the semicolon. ducers, users, consumers, and index with, any environmental law, including the (c) EFFECTIVE DATE.—Paragraph (2)(A) of traders. National Environmental Policy Act (42 subsection (a) of section 2634 of title 10, United States Code, as added by subsection The Subcommittee hearing has been U.S.C. 4321 et seq.), the Comprehensive Envi- scheduled for Tuesday, July 21, 2009, at ronmental Response, Compensation, and Li- (a)(4), shall apply with respect to orders ability Act of 1980 (42 U.S.C. 9601 et seq.) and issued on or after the date of the enactment 2:30 p.m., in room 342 of the Dirksen the Solid Waste Disposal Act (42 U.S.C. 6901 of this Act for members of the Armed Forces Senate Office Building. For further in- et seq.). to make a change of permanent station to or formation, please contact Elise Bean of (f) DESCRIPTION OF PROPERTY.—The exact from nonforeign areas outside the conti- the Permanent Subcommittee on In- acreage and legal description of the real nental United States. vestigations a 202–224–9505. property to be conveyed under this section (d) OFFSETS.— (1) DEFENSE TRANSFORMATION AGENCY R&D SUBCOMMITTEE ON WATER AND POWER shall be determined by a survey satisfactory Mr. BINGAMAN. Mr. President, I to the Secretary. ACTIVITIES.—The amount authorized to be (g) ADDITIONAL TERM AND CONDITIONS.—The appropriated by section 201(a)(4) for research, would like to announce for the infor- Secretary may require such additional terms development, test, and evaluation for De- mation of the Senate and the public and conditions in connection with the con- fense-wide activities is hereby decreased by that a hearing has been scheduled be- veyance under this section as the Secretary $15,000,000, with the amount of the decrease fore the Subcommittee on Water and considers appropriate to protect the inter- to be derived from amounts available for Power of the Committee on Energy and ests of the United States. Business Transformation Agency R&D Ac- tivities (PE# 0605020BTA) and allocated to Natural Resources. The hearing will be held on July 23, 2009, at 2:30 p.m. in Mr. BEGICH submitted an the Defense Travel System. SA 1574. room 366 of the Dirksen Senate Office amendment intended to be proposed by (2) ENERGY CONSERVATION IMPROVEMENT PROGRAM.— Building in Washington, DC. him to the bill S. 1390, to authorize ap- (A) TOTAL AMOUNT FOR MILITARY CONSTRUC- The purpose of the hearing is to re- propriations for fiscal year 2010 for TION, DEFENSE-WIDE.—The total amount au- ceive testimony on the following bills: military activities of the Department thorized to be appropriated by section 2404(a) S. 637, Dry-Redwater Regional Water of Defense, for military construction, for military construction, land acquisition, Authority System Act of 2009; S. 789, and for defense activities of the De- and military family housing functions of the Tule River Tribe Water Development partment of Energy, to prescribe mili- Department of Defense (other than the mili- tary departments) is hereby decreased by Act; S. 1080. A bill to clarify the juris- tary personnel strengths for such fiscal diction of the Secretary of the Interior year, and for other purposes; which was $23,000,000. (B) ENERGY CONSERVATION PROJECTS.— with respect to the C.C. Cragin Dam ordered to lie on the table; as follows: (i) REDUCED AUTHORITY.—The amount au- and Reservoir, and for other purposes; On page 201, between lines 6 and 7, insert thorized for energy conservation projects and S. 1453. To amend Public Law 106– the following: under section 2403 is hereby decreased by 392 to maintain annual base funding for SEC. 635. TRANSPORTATION OF ADDITIONAL $23,000,000. the Bureau of Reclamation for the MOTOR VEHICLE OF MEMBERS ON (ii) REDUCED AUTHORIZATION OF APPROPRIA- Upper Colorado River and San Juan CHANGE OF PERMANENT STATION TIONS.—The amount authorized to be appro- TO OR FROM NONFOREIGN AREAS priated by section 2404(a)(6) for energy con- fish recovery programs through fiscal OUTSIDE THE CONTINENTAL year 2023. UNITED STATES. servation projects is hereby decreased by $23,000,000, with the amount of such decrease Because of the limited time available (a) AUTHORITY TO TRANSPORT ADDITIONAL to be derived from amounts available for the for the hearing, witnesses may testify MOTOR VEHICLE.—Subsection (a) of section 2634 of title 10, United States Code, is amend- Energy Conservation Improvement Program. by invitation only. However, those ed— f wishing to submit written testimony for the hearing record should send it to (1) by striking the sentence following para- NOTICES OF HEARINGS graph (4); the Committee on Energy and Natural (2) by redesignating paragraphs (1), (2), (3), PERMANENT SUBCOMMITTEE ON INVESTIGATIONS Resources, United States Senate, and (4) as subparagraphs (A), (B), (C), and Mr. LEVIN. Mr. President, I would Washington, DC 20510–6150, or by email (D), respectively; like to announce for the information of to Gina [email protected] (3) by inserting ‘‘(1)’’ after ‘‘(a)’’; and the Senate and the public that the Per- (4) by adding at the end the following new .gov. manent Subcommittee on Investiga- For further information, please con- paragraph: tions of the Committee on Homeland ‘‘(2) One additional motor vehicle of a tact Tanya Trujillo at (202) 224–5479 or member (or a dependent of the member) may Security and Governmental Affairs has Gina Weinstock at (202) 224–5684. be transported as provided in paragraph (1) scheduled a hearing for Tuesday, July f if— 21, entitled, ‘‘Excessive Speculation in ‘‘(A) the member is ordered to make a the Wheat Market.’’ This hearing is a AUTHORITY FOR COMMITTEES TO change of permanent station to or from a followup to the June 24 Subcommittee MEET nonforeign area outside the continental release of a 247–page staff report enti- COMMITTEE ON BANKING, HOUSING, AND URBAN United States and the member has at least tled, Excessive Speculation in the AFFAIRS one dependent of driving age who will use Wheat Market, examining how com- Mrs. SHAHEEN. Mr. President, I ask the motor vehicle; or ‘‘(B) the Secretary concerned determines modity index traders, in the aggregate, unanimous consent that the Com- that a replacement for the motor vehicle have made such large purchases on the mittee on Banking, Housing, and transported under paragraph (1) is necessary Chicago wheat futures market that Urban Affairs be authorized to meet for reasons beyond the control of the mem- they have pushed up futures prices, dis- during the session of the Senate on

VerDate Mar 15 2010 14:38 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00066 Fmt 0686 Sfmt 0634 E:\BR09\S15JY9.002 S15JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD July 15, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 13 17823 July 15, 2009, at 2:30 p.m., to conduct a mittee on Homeland Security and Gov- The ACTING PRESIDENT pro tem- hearing on ‘‘Regulating Hedge Funds ernmental Affairs be authorized to pore. Without objection, it is so or- and Other Private Investment Pools.’’ meet during the session of the Senate dered. The PRESIDING OFFICER. Without on Wednesday, July 15, 2009, at 10 a.m. f objection, it is so ordered. to conduct a hearing entitled ‘‘Identi- DEPARTMENT OF VETERANS COMMITTEE ON COMMERCE, SCIENCE, AND fication Security: Reevaluating the AFFAIRS MEDICAL CENTER TRANSPORTATION REAL ID Act.’’ Mrs. SHAHEEN. Mr. President, I ask The PRESIDING OFFICER. Without Mr. BROWN. Mr. President, I ask unanimous consent that the Com- objection, it is so ordered. unanimous consent that the Com- mittee on Commerce, Science, and COMMITTEE ON THE JUDICIARY mittee on Veterans’ Affairs be dis- Transportation be authorized to meet Mrs. SHAHEEN. Mr. President, I ask charged from further consideration of during the session of the Senate on unanimous consent that the Com- S. 509, and the Senate then proceed to Wednesday, July 15, 2009, at 10 a.m., in mittee on the Judiciary be authorized its consideration. room 253 of the Russell Senate Office to meet during the session of the Sen- The PRESIDING OFFICER. Without Building. ate, on July 15, 2009, at 9:30 a.m. in objection, it is so ordered. The clerk The PRESIDING OFFICER. Without room SH–216 of the Hart Senate Office will report the bill by title. objection, it is so ordered. Building, to continue the hearing on The legislative clerk read as follows: COMMITTEE ON COMMERCE, SCIENCE, AND the nomination of Sonia Sotomayor to A bill (S. 509) to authorize a major medical TRANSPORTATION be an Associate Justice of the Supreme facility project at the Department of Vet- Mrs. SHAHEEN. Mr. President, I ask Court of the United States. erans Affairs Medical Center, Walla Walla, unanimous consent that the Com- The PRESIDING OFFICER. Without Washington, and for other purposes. mittee on Commerce, Science, and objection, it is so ordered. There being no objection, the Senate Transportation be authorized to meet COMMITTEE ON RULES AND ADMINISTRATION proceeded to consider the bill. during the session of the Senate on Mrs. SHAHEEN. Mr. President, I ask Mr. BROWN. Mr. President, I ask Wednesday, July 15, 2009, at 2:30 p.m., unanimous consent that the Com- unanimous consent that the bill be in room 253 of the Russell Senate Office mittee on Rules and Administration be read three times, passed, the motion to Building. authorized to meet during the session reconsider be laid upon the table, and The PRESIDING OFFICER. Without of the Senate on Wednesday, July 15, that any statements relating to the objection, it is so ordered. 2009, at 9:30 a.m. bill be printed in the RECORD. COMMITTEE ON ENVIRONMENT AND PUBLIC The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without WORKS objection, it is so ordered. objection, it is so ordered. Mrs. SHAHEEN. Mr. President, I ask SELECT COMMITTEE ON INTELLIGENCE The bill (S. 509) was ordered to be en- unanimous consent that the Com- Mrs. SHAHEEN. Mr. President, I ask grossed for a third reading, was read mittee on Environment and Public unanimous consent that the Select the third time, and passed, as follows: Works be authorized to meet during Committee on Intelligence be author- S. 509 the session of the Senate on Wednes- ized to meet during the session of the Be it enacted by the Senate and House of Rep- day, July 15, 2009, at 10:30 a.m., in room Senate on July 15, 2009, at 2:30 p.m. resentatives of the United States of America in 406 of the Dirksen Office Building. The PRESIDING OFFICER. Without Congress assembled, The PRESIDING OFFICER. Without objection, it is so ordered. SECTION 1. MAJOR MEDICAL FACILITY PROJECT DEPARTMENT OF VETERANS AF- objection, it is so ordered. SUBCOMMITTEE ON NATIONAL PARKS FAIRS MEDICAL CENTER, WALLA COMMITTEE ON FOREIGN RELATIONS Mrs. SHAHEEN. Mr. President, I ask WALLA, WASHINGTON. Mrs. SHAHEEN. Mr. President, I ask unanimous consent that the Sub- (a) AUTHORIZATION FOR MAJOR MEDICAL FA- unanimous consent that the Com- committee on National Parks, be au- CILITY PROJECT.—The Secretary of Veterans mittee on Foreign Relations be author- thorized to meet during the session of Affairs may carry out a major medical facil- ized to meet during the session of the the Senate on Wednesday, July 15, 2009, ity project for the construction of a new at 2:30 p.m., in room SD–366 of the multiple specialty outpatient facility, cam- Senate on Wednesday, July 15, 2009, at pus renovation and upgrades, and additional 9:30 a.m. Dirksen Senate Office Building. The PRESIDING OFFICER. Without parking at the Department of Veterans Af- The PRESIDING OFFICER. Without fairs Medical Center, Walla Walla, Wash- objection, it is so ordered. objection, it is so ordered. ington, with the project to be carried out in COMMITTEE ON FOREIGN RELATIONS f an amount not to exceed $71,400,000. Mrs. SHAHEEN. Mr. President, I ask PRIVILEGES OF THE FLOOR (b) AUTHORIZATION OF APPROPRIATIONS.— unanimous consent that the Com- There is authorized to be appropriated to the Mr. SPECTER. I ask unanimous con- Secretary of Veterans Affairs for fiscal year mittee on Foreign Relations be author- sent that floor privileges be given to 2009 for the Construction, Major Projects ac- ized to meet during the session of the Linda Hoffa, a detailee in my office. count, $71,400,000 for the project authorized Senate on Wednesday, July 15, 2009, at The PRESIDING OFFICER. Without in subsection (a). 2:30 p.m. objection, it is so ordered. f The PRESIDING OFFICER. Without Mr. DORGAN. Mr. President, I ask objection, it is so ordered. NATIONAL LIFE INSURANCE unanimous consent that Bill Curlin, an AWARENESS MONTH COMMITTEE ON HEALTH, EDUCATION, LABOR, Air Force fellow in my office, be grant- AND PENSIONS ed the privilege of the floor during the Mr. BROWN. Mr. President, I ask Mrs. SHAHEEN. Mr. President, I ask debate on the Defense authorization unanimous consent that the Senate unanimous consent that the Com- bill of 2010. proceed to the consideration of S. Res. mittee on Health, Education, Labor, The PRESIDING OFFICER. Without 211, which was submitted earlier today. and Pensions be authorized to meet objection, it is so ordered. The PRESIDING OFFICER. The during the session of the Senate on Mr. MENENDEZ. Mr. President, on clerk will report the resolution by Wednesday, July 15, 2009, at 9:30 a.m. in behalf of Senator BINGAMAN, I make a title. room 325 of the Russell Senate Office unanimous consent request that Jona- The legislative clerk read as follows: Building. than Epstein, a professional staff mem- A resolution (S. Res. 211) supporting the The PRESIDING OFFICER. Without ber with the Energy and Natural Re- goals and ideals of ‘‘National Life Insurance objection, it is so ordered. sources Committee, be granted the Awareness Month.’’ COMMITTEE ON HOMELAND SECURITY AND privilege of the floor for the remainder There being no objection, the Senate GOVERNMENTAL AFFAIRS of the debate on S. 1390, the National proceeded to consider the resolution. Mrs. SHAHEEN. Mr. President, I ask Defense Authorization Act for Fiscal Mr. BROWN. Mr. President, I ask unanimous consent that the Com- Year 2010. unanimous consent that the resolution

VerDate Mar 15 2010 14:38 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00067 Fmt 0686 Sfmt 0634 E:\BR09\S15JY9.002 S15JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD 17824 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 13 July 15, 2009 be agreed to, the preamble be agreed ORDERS FOR THURSDAY, JULY 16, Let me just say, Mr. President, it is to, and the motion to reconsider be laid 2009 extremely unusual for this Member of upon the table. Mr. BROWN. Mr. President, I ask the Senate to place a hold on anybody. The PRESIDING OFFICER. Without unanimous consent that when the Sen- It is not something I normally do. objection, it is so ordered. ate completes its business today, it ad- Professor Sunstein has theorized that animals—he has theorized in writing as The resolution (S. Res. 211) was journ until 9:30 a.m., Thursday, July 16; that following the prayer and pledge, well as in speeches—that animals agreed to. should be permitted to bring suit the Journal of proceedings be approved The preamble was agreed to. against their owners and others with to date, the morning hour be deemed human beings being their representa- The resolution, with its preamble, expired, the time for the two leaders be tives. Let me say that again. Professor reads as follows: reserved for their use later in the day, Sunstein has theorized in writing and S. RES. 211 and there be a period of morning busi- in speeches that animals should be per- ness for 1 hour, with the time equally Whereas life insurance is an essential part mitted to bring lawsuits against their of a sound financial plan; divided and controlled between the two owners and others with human beings Whereas life insurance provides financial leaders or their designees, with the Re- security for families by helping surviving as their representatives. publicans controlling the first half and That is a very radical and strange po- members meet immediate and long-term fi- the majority controlling the second nancial obligations and objectives in the sition, and it not only got my atten- event of a premature death in the family; half, and with Senators permitted to tion but it got the attention of any Whereas approximately 68,000,000 United speak for up to 10 minutes each; fur- number of other folks around the coun- States citizens lack the adequate level of life ther, I ask that following morning try, both within and without the agri- insurance coverage needed to ensure a secure business, the Senate resume consider- cultural sector of our country. The financial future for their loved ones; ation of Calendar No. 89, S. 1390, the devastating effect this would have on Whereas life insurance products protect Department of Defense authorization animal agriculture is incalculable. Mis- against the uncertainties of life by enabling bill; and, finally, I ask that the manda- treated livestock do not perform well. individuals and families to manage the fi- tory quorum under rule XXII be nancial risks of premature death, disability, American farmers and ranchers work and long-term care; waived. every day to make sure their stock is Whereas individuals, families, and busi- The PRESIDING OFFICER. Without cared for in a humane manner, and yet nesses can benefit from professional insur- objection, it is so ordered. they would still face a tremendous ance and financial planning advice, including f threat from frivolous lawsuits under an assessment of their life insurance needs; PROGRAM this misguided theory. Even though and claims would be baseless, they would Whereas numerous groups supporting life Mr. BROWN. Mr. President, earlier still bear the financial costs of reckless insurance have designated September 2009 as today, the majority leader filed cloture ‘‘National Life Insurance Awareness Month’’ litigation. That is a cost that would on the pending hate crimes amend- put most family farming and ranching as a means to encourage consumers to be- ment. We will continue to work on an come more aware of their life insurance operations out of business. needs, seek professional advice regarding life agreement to vote in relation to the Professor Sunstein also made offhand insurance, and take the actions necessary to hate crimes amendment tomorrow. If remarks during lectures that ‘‘perhaps achieve financial security for their loved we are unable to reach an agreement, hunting ought to be banned.’’ While he ones: Now therefore, be it the cloture vote would occur at 1 a.m. offered assurances during his nomina- Resolved, That the Senate— Friday morning. tion hearing that his personal view (1) supports the goals and ideals of ‘‘Na- f supported hunting, I am not a member tional Life Insurance Awareness Month’’; ORDER FOR ADJOURNMENT of that committee and thus was not and able to question Professor Sunstein (2) calls on the Federal Government, Mr. BROWN. Mr. President, if there personally during his confirmation States, localities, schools, nonprofit organi- is no further business to come before zations, businesses, and the people of the hearing. the Senate, I ask unanimous consent I greatly enjoy the time I spend United States to observe the month with ap- that following the remarks of Senators propriate programs and activities. hunting with my friends and family, CHAMBLISS, GRASSLEY, and WHITEHOUSE and I was also very disturbed by this the Senate adjourn under the previous f statement. order. The Administrator of OMB’s Office of The PRESIDING OFFICER. Without Information and Regulatory Affairs APPOINTMENTS objection, it is so ordered. must have a firm foundation in com- The PRESIDING OFFICER. The The Senator from Georgia is recog- mon sense, and we owe it to the Amer- Chair, on behalf of the majority leader nized. ican public to ensure that regulators of the Senate and the Speaker of the f are properly vetted by the Senate. House of Representatives, pursuant to SUNSTEIN NOMINATION That is why I held up Professor Public Law 111–21, announces the joint Sunstein’s nomination in order to pro- Mr. CHAMBLISS. Mr. President, I appointment of Phil Angelides of Cali- vide him an opportunity to explain his want to speak on the nomination of fornia to serve as chairman of the Fi- views on animal rights as well as the Cass R. Sunstein to be the Adminis- nancial Crisis Inquiry Commission. second amendment. trator of the Office of Information and Since his original hearing, Professor The Chair, on behalf of the majority Regulatory Affairs within the Office of Sunstein has met with people involved leader, pursuant to Public Law 111–21, Management and Budget. in agriculture, including the American appoints the following to serve as I placed a hold on the consideration Farm Bureau Federation, the Farm members of the Financial Crisis In- of Professor Sunstein’s confirmation Animal Welfare Coalition, the National quiry Commission: the Honorable Bob after his hearing in the Senate Com- Pork Producers Council, and the Graham of Florida, Heather Murren of mittee on Homeland Security and Gov- United Egg Producers. He has heard Nevada, and Byron Georgiou of Nevada. ernmental Affairs. I chose to do this their point of view and exactly how The Chair, on behalf of the minority because Professor Sunstein has writ- devastating some of his theories would leader, pursuant to Public Law 111–21, ten, lectured, and made recommenda- be to the reality of earning a living in appoints the following individuals to tions on animal rights issues that are rural America. He has satisfied some of serve as members of the Financial Cri- very troubling to me and to folks who them, and some are still decidedly sis Inquiry Commission: Keith make their living in agriculture and wary of his ideas. Hennessey of Virginia, and Douglas those who enjoy our Nation’s great I have also had the opportunity to Holtz-Eakin of Virginia. hunting and fishing heritage. meet personally with Professor

VerDate Mar 15 2010 14:38 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00068 Fmt 0686 Sfmt 0634 E:\BR09\S15JY9.002 S15JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD July 15, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 13 17825 Sunstein to let him explain, and me ex- not favor and would not promote such a extra 5.4 percent. Then in 2013 and plain to him how detrimental his theo- right. after, these rates go to 2 percent, 3 per- ries would be to the folks working so Finally, you inquired about private en- cent, and 5.4 percent, respectively. The hard to feed this country and to hope- forcement of the law. Such private enforce- only way the rates do not go up to ment can in some cases be a useful way of fully obtain from Professor Sunstein ensuring compliance with legislative re- these levels is if one of the President’s assurances that he does not oppose quirements, but it can also create serious advisers, the Director of OMB, says in hunting or the right to bear arms. I harm, by imposing significant costs and bur- 2012 that there will be more than $675 tried to figure out what he meant by dens on those who are already obeying the billion in health care savings by the saying that animals ought to have the law. Sometimes Congress concludes that the year 2019 in the bill the House has re- right to sue individuals. balance favors private actions; sometimes it cently written. That is right, in addi- Let me say, Professor Sunstein decides against such actions. If confirmed, I tion to the tax questions, we have the comes highly recommended by a num- would consult, and follow, congressional in- House leaving up to a partisan Presi- structions on the question of whether pri- ber of folks from the conservative side vate rights of action are available. dential adviser—not the President him- of the philosophical divide in this I hope that these answers are helpful, and self or a nonpartisan organization such country. His ability to look at regu- I would be happy to address these or other as CBO—that taxes stay up or can go latory measures and to provide cost- issues at any time. All best wishes. down. benefit analysis is very intriguing. He Sincerely, Another troubling aspect of this cha- is obviously a very competent person CASS R. SUNSTEIN. rade is that this does not deal only when it comes to that side of the busi- Mr. CHAMBLISS. Administration with actual savings achieved but in- ness community. I have a great appre- nominees deserve a fair hearing by the stead calls for a partisan’s 2012 esti- ciation for that. Senate, and Professor Sunstein is no mate of savings to be achieved through I had a very good meeting with Pro- different. While I cannot agree with his the year 2019. The Joint Committee on fessor Sunstein yesterday, and after ideas, his legal theories, or his views, Taxation, a nonpartisan professional our meeting I received a letter from now that he has been educated about group here on the Hill that advises Professor Sunstein wherein he ex- the toll they would take on hard-work- Congress, correctly ignores this cha- plained some of his statements and in- ing farmers and ranchers in America, I rade in its estimate of the House small flammatory ideas. In that letter, he am not going to keep him from any business surtax and correctly assumes stated that he ‘‘would not take any further consideration. I intend to lift that the rates are actually going to go steps to promote litigation on behalf of my hold on Professor Sunstein. up after 2013. animals’’ and that Federal ‘‘law does I understand from Professor Sunstein In 2011 and 2012, then, for married not create an individual right to bring now that he has a much better under- couples, the small business surtax lawsuits on behalf of animals against standing of animal agriculture and our kicks in at 1 percent for those making agriculture.’’ He also stated that he be- country’s sporting tradition. I am opti- $350,000 to $500,000, it rises to 1.5 per- lieves ‘‘the second amendment creates mistic that this open dialog with ani- cent for married couples making be- an individual right to possess guns for mal agriculture will continue. I obvi- tween $500,000 and $1 million, and it purposes of both hunting and self-de- ously look forward to working with goes up to 5.4 percent for those making fense.’’ him to ensure he continues to carry over $1 million. Then in 2013 and later, At this time, I ask unanimous con- out exactly what he stated to me in his the rates go up to 2 percent, 3 percent, sent to have the letter to me from Pro- letter of July 14. 5.4 percent, respectively. As discussed fessor Sunstein dated July 14, 2009, I yield the floor. above, the only way these rates do not printed in the RECORD. The PRESIDING OFFICER. The Sen- go up in 2013 is if the OMB Director de- There being no objection, the mate- ator from Iowa is recognized. cides they should not go up. rial was ordered to be printed in the f Let’s look at this tax increase from RECORD, as follows: the venue of small business. I know TAXES AND HEALTH REFORM WASHINGTON, DC, people listening, as well as my col- July 14, 2009. Mr. GRASSLEY. Mr. President, I rise leagues, think: You talk about people Senator SAXBY CHAMBLISS, to discuss the high rate of taxation making $1 million or half a million dol- U.S. Senate, that is about to take place if the House lars, why can’t they pay another 2, 3, Washington, DC. of Representatives passes its health re- or even 5 percent? It is a situation DEAR SENATOR CHAMBLISS: Thanks so much for the meeting today, which I greatly en- form bill. I would also raise the issue where small business in America cre- joyed. about the effect the same level of tax- ates 70 percent of the jobs. It is a case You requested my views on three subjects. ation—not quite as high—would have of where most small business operates Before commenting on the details, let me under the budget adopted by this body on cash flow, not investment from the emphasize that if confirmed as Adminis- back in March. I wish to address the outside as normal corporations would. trator of the Office of Information and Regu- tax hikes, particularly as they apply to So we are talking about the health of latory Affairs, my primary concern would be small business, that President Obama our economy, and we are talking about to ensure that regulations are consistent with the Constitution, the law as enacted by and my colleagues on the other side of getting the economy out of this reces- Congress, and the principles reflected in gov- the aisle have proposed. sion we are in. erning Executive Orders. The latest tax hike proposal is the By the way, the President and I agree Your first question involved the Second House Democrats’ graduated surtax of that 70 percent of the new private sec- Amendment. I strongly believe that the Sec- up to 5.4 percent on those making more tor jobs are, in fact, created by the ond Amendment creates an individual right than $280,000. For those Americans who small businesses I have just described. to possess and use guns for purposes of both are married but file separate returns, However, where the President and I dif- hunting and self-defense. I agree with the fer is that I believe small businesses’ Supreme Court’s decision in the Heller case, this surtax increases taxes for those clearly recognizing the individual right to making over $175,000. taxes should be lowered, not raised dur- have guns for hunting and self-defense. If I refer to this surtax as a small busi- ing this time of getting the economy confirmed, I would respect the Second ness surtax because it hits small busi- back on track—particularly when you Amendment and the individual right that it ness particularly hard. Here is how the look at the stimulus bill that was recognizes. House’s small business surtax works. passed back in February. It doesn’t ap- You also asked about litigation, by indi- In 2011 and 2012, singles making be- pear to anybody as if it is doing any viduals, on behalf of animals. Let me be very tween $280,000 and $400,000 will pay an good yet, like creating the jobs it was clear: If confirmed, I would not take any steps to promote litigation on behalf of ani- extra 1 percent, those singles making supposed to do, like keeping unemploy- mals. In particular, federal law does not cre- between $400,000 and $800,000 will pay ment under 8 percent, which is now 9.5 ate an individual right to bring lawsuits, on an extra 1.5 percent, and those singles percent, and only one-half of 1 percent behalf of animals, against agriculture. I do making more than $800,000 will pay an of that $787 billion stimulus package

VerDate Mar 15 2010 14:38 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00069 Fmt 0686 Sfmt 0634 E:\BR09\S15JY9.002 S15JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD 17826 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 13 July 15, 2009 was to help small business. We ought You know what you do, you get the Cedar Falls, IA. We made furnace reg- to be doing something, if we want to smokescreen of saying you don’t quite isters. I use that company—locally revitalize the economy, that helps have a 40-percent marginal tax rate, owned, people who got together to cre- small business, and increasing taxes on but in fact you do have higher than 40 ate jobs—as an example. They gave me small business will not do that. percent. There seems to be something an opportunity to earn a small liveli- In 2001 and 2003, Congress enacted bi- magical about not exceeding that 40 hood for 10 years of my life. It takes partisan tax relief designed to trigger percent for the benefit of public rela- people who have means to create jobs. economic growth and to create jobs by tions, but it will be exceeded greatly I have never worked for anybody who reducing the tax burden on individuals with this 5.4 percent the House is put- was low income or in poverty. You as well as small businesses. This in- ting in, in their health care bill. have to have the incentive of people in cluded the across-the-board income tax However, like other provisions in the this country to put resources together reduction which reduced marginal tax law, PEP and Pease are scheduled to to create income for themselves and, in rates for income earners at all levels. I come back in full force, as I just said, the process of expanding, increase jobs know people do not believe this, but if in 2011—again, without a vote of Con- for everybody else. So you understand you look at the allocation of the tax by gress. With PEP and Pease fully rein- where I am coming from, from the the highest 1 percent of the people, stated, individuals in the top two rates standpoint of small business. even after the 2001 tax cut, you saw could see their marginal effective tax The House of Representatives has that highest 1 percent still paying a rates increase by 24 percent or more. proposed a graduated surtax of up to 5.4 larger proportion into the Federal Once again, I refer my colleagues to percent on those making over $280,000. Treasury, of income tax, than they the chart. For example, a family of To people listening, $280,000 is a lot of were doing prior to that. So even with four who is in the 33-percent tax brack- money, probably the top 3 or 4 percent tax reduction, you end up with a more et in 2010 could pay a marginal effec- of the people. But if they are a small progressive Tax Code—which nobody is tive tax rate of 41 percent after 2010 be- business and they are operating with willing to admit, but we can back that cause of PEP and Pease. This rate cash flow, cutting into that cash flow up by figures. It also, in 2001, included would go higher if that family had is a job killer. With this small business a reduction of the top dividends and more children, and this is before the surtax, a family of four in the top two capital gains tax rate to 15 percent and small business surtax is even factored brackets will pay a marginal tax rate a gradual phaseout of the estate tax. in. in the range of 43 and 46.4 percent in Unfortunately, the way you have to Some of my colleagues, particularly 2013. I am not prepared to say this write tax bills under the reconciliation on the other side of the aisle, have de- right now, but maybe when I end I will process around here, those tax bills en- fended this proposal by claiming that say something about the State income acted in 2001 and 2003 will expire De- they will only raise taxes on wealthy tax on top of that, to show how high cember 31, 2010, and automatically we taxpayers who make more than $200,000 are the taxes these ideas are taking us are going to get the biggest tax in- a year. For the vast majority of people to. crease in the history of the country who earn less than $200,000, raising When you go to 43 and 46.4 by 2013, without even a vote of Congress be- taxes on higher earners might not this would result in an increase of the cause of sunset. sound so bad. However, there are con- marginal tax rates by a minimum of 23 Some have referred to this bipartisan sequences for what we do around here. percent and a maximum of 33 percent. tax relief as ‘‘the Bush tax cuts for the That means many small businesses will Candidate Obama pledged that ‘‘Ev- wealthy.’’ However, it seems to be eas- be hit with a higher tax bill. These eryone in America—everyone—will pay ily forgotten around here, but this tax small businesses create 70 percent of lower taxes than they would under the relief was bipartisan tax relief and pro- all new private sector jobs. These small rates Bill Clinton had in the 1990s.’’ I vided tax relief for all taxpayers. They businesses that are sole proprietors, S am going to show you, if this goes into have also suggested that the tax relief corporations, partnerships, and limited effect, it is probably the highest rates, provided for higher income earners, in- law corporations would get hit with going back to the time Carter was cluding many small businesses, should the President’s proposal to raise the President. The small business surtax be allowed to expire. The President has top two marginal tax rates, if their proposed by House Democrats would proposed increasing the top marginal owners make more than $200,000. violate President Obama’s pledge. tax rates from 33 to 36 percent and the In addition, there is just under 2 mil- Therefore, I stand with President other one from 35 to 39.6 percent. lion small C corporations that are sub- Obama in opposing the small business We have a chart here you can refer ject to double taxation. To the extent surtax proposed by House Democrats. to, so all these numbers I am giving, that these C corporation owners make According to National Federation of you have a reference point for them. over $200,000 and pay themselves a sal- Independent Businesses survey data, 50 The President has also proposed in- ary, they would get hit with a tax in- percent of the owners of small busi- creasing the tax rates on capital gains crease on the top two marginal tax nesses that employ 20 workers to 249 and dividends to 20 percent and pro- rates proposed by the President. Also, workers would fall into the top two viding for an estate tax rate as high as owners of small C corporations who re- brackets, backing up what I have con- 45 percent and an exemption of only ceive dividends or realize capital gains tinuously said during my dialog with $3.5 million. and make over $200,000 would pay a 20- the people. According to the Small Also, the President and allies on the percent rate on these dividends and Business Administration, about two- Hill have called for fully reinstating capital gains after 2010, under these thirds of the Nation’s small business the personal exemption phaseouts—we tax-hike proposals. Currently, these workers are employed by small busi- call them PEP, for short—personal ex- pay a rate of 15 percent. nesses with 20 to 500 employees. Do we emption phaseouts for those making All of this wasn’t bad enough for want to raise taxes on these small busi- over $200,000. Then there is another small business. Why emphasize small nesses that create new jobs and employ phaseout called the Pease phaseout, business? It is the job creation machine two-thirds of all small business work- named after a former Congressman of the economy. Why emphasize small ers? from Ohio, for those making more than business? They operate cash flow, gen- The National Federation of Inde- $200,000. So, under the 2001 tax law, erally. They don’t have outside inves- pendent Businesses recently came out when these phaseouts come back in tors. And why emphasize small busi- with its June report that showed that after 2010, you actually end up with ness? Because it takes entrepreneurs to small businesses continue to have net higher marginal tax rates of almost 2 create jobs. I had the opportunity for job losses as well as reduced compensa- percent. It is not 39.6 as the high mar- 10 years, from 1961 to 1971, to be a tion for those who are still on the pay- ginal tax rate; it is something much union assembly line worker at a little roll; in other words, not part of the 9.5 higher—41 or 42 percent. company called Waterloo Register in percent unemployment we have since

VerDate Mar 15 2010 14:38 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00070 Fmt 0686 Sfmt 0634 E:\BR09\S15JY9.002 S15JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD July 15, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 13 17827 the stimulus bill passed. With these S. 1381 provides the kind of tools and incen- duce their tax burden. I look forward to small businesses already suffering from tives that small businesses need. working with you to see that this bill be- the credit crunch, do we think it is We all want to see the job numbers comes law. wise to hit them with the double from the Department of Labor moving Sincerely, in positive directions. We all want to SUSAN ECKERLY, whammy of up to a 33-percent increase Senior Vice President, Public Policy. in marginal tax rates. see the unemployment rate plummet. I Newly developed data from the Joint firmly believe the best way for us to do Mr. GRASSLEY. I yield the floor. The PRESIDING OFFICER. The Sen- Committee on Taxation demonstrates that is to prime the job-creating engine ator from Florida. that 55 percent of the tax from the of our economy by focusing on small higher rates will be borne by small businesses. My small business bill, if f business owners with incomes over enacted, will lead to new jobs. This is EXECUTIVE SESSION $250,000. This is a conservative number in the right direction. The House because it doesn’t include flow through health care reform bill, with the 5.4- business owners making between percent tax increase, is taking us in EXECUTIVE NOMINATIONS $200,000 and $250,000 that will also be the wrong direction. These will be real, Mr. NELSON of Florida. Mr. Presi- hit by the Democratic budget’s pro- countable, verifiable jobs that will be dent, I ask unanimous consent that the posed tax hikes. If the proponents of created. Senate proceed to executive session the marginal rate increase on small In contrast, President Obama has and that the Commerce Committee be business owners agree that a 23-percent proposed tax increases that will cause discharged en bloc from further consid- small business jobs to be lost. The new- to 33-percent tax increase for half the eration of PN638 and PN639 and that est tax hike proposed is the small busi- small businesses that employ two- the Senate proceed en bloc to their ness surtax. As with other tax hikes on thirds of all small business workers is consideration; that the nominations be small business, I oppose the small busi- not wise, then they should either op- confirmed and the motions to recon- ness surtax. I urge my colleagues on pose these tax increases or present sider be laid upon the table en bloc; both aisles to do the same. data that show a different result. I that no further motions be in order; I ask unanimous consent to print in wish to fight for lower State tax rates that any statements relating to the the RECORD the NFIB letter from which and higher estate tax exemption nominations be printed in the RECORD; amounts to protect successful small I quoted. There being no objection, the mate- that the President be immediately no- businesses so people who work a life- rial was ordered to be printed in the tified of the Senate’s action; and the time can pass on without liquidation at RECORD, as follows: Senate then resume legislative session. the time of death. The PRESIDING OFFICER. Without NATIONAL FEDERATION OF In a time when many businesses are objection, it is so ordered. struggling to stay afloat, it does not INDEPENDENT BUSINESS, Washington, DC, July 10, 2009. The nominations considered and con- make sense to impose additional bur- Senator CHARLES GRASSLEY, firmed are as follows: dens on them by raising taxes. Odds are Ranking Member, Senate Committee on Fi- NATIONAL AERONAUTICS AND SPACE they do nothing then but cut spending. nance, Washington, DC. ADMINISTRATION And when their cash flow goes down, DEAR RANKING MEMBER GRASSLEY: On be- Charles F. Bolden, Jr., of Texas, to be Ad- probably layoffs happen. They will can- half of the National Federation of Inde- ministrator of the National Aeronautics and cel orders for new equipment as well, pendent Business (NFIB), the nation’s lead- Space Administration. cut insurance for their employees, and ing small business advocacy organization, I Lori Garver, of Virginia, to be Deputy Ad- am writing to thank you for introducing S. stop hiring. Instead of seeking to raise ministrator of the National Aeronautics and 1381, the Small Business Tax Relief Act of Space Administration. taxes on those who create jobs in our 2009. economy, our policies need to focus on Small business is the source of economic Mr. NELSON of Florida. Mr. Presi- reducing excessive tax and regulatory growth and job creation, but the NFIB Small dent, by this action, it concludes a barriers that stand in the way of small Business Economic Trends (SBET) survey very happy chapter for what I think businesses and the private sector mak- has been near historic lows since September, will be the future of the National Aero- ing investments, expanding production, with plans to hire and make capital expendi- nautics and Space Administration. tures showing little sign of improvement. To and creating sustainable jobs. We PN638 is Presidential No. 638, and that get the small business economy moving is the nomination of GEN Charles F. should continue to fight to prevent a again, small businesses need the tools and dramatic tax increase on our Nation’s incentives to expand and grow their busi- Bolden to be the NASA Administrator, job machine, the small businesses of nesses. whom we have just confirmed, and America. This includes working to pro- S. 1381 provides the kinds of tools and in- PN639 is Presidential No. 639, which is tect small businesses from higher mar- centives that small businesses need. Specifi- the nomination of Lori Garver to be ginal tax rates, an increase in capital cally, increasing and making permanent sec- Deputy Administrator for NASA which tion 179 expensing will provide small busi- gains and dividend tax rates and an in- we have just confirmed. My congratu- nesses with the incentives and certainty to lations to the two of them. crease in the unfair estate tax rate make new investments in their business. that will penalize the success of small Providing a 20 percent deduction for smaller I will make one personal comment. businesses. flow-through businesses and reducing the tax General Bolden is someone who has In fact, I have recently introduced S. rate on smaller C corps will allow all small known adversity but has always been 1381, the Small Business Tax Relief Act businesses to keep more of their income to an overcomer. of 2009, to lower taxes on these job-cre- invest back into the business. Finally, pro- This was certainly true in South ating small businesses. My bill con- viding full deductibility of health insurance Carolina, in 1964, when, as an African tains a number of provisions that will for the self employed provides tax equity, American, he could not get an appoint- lowers the cost of health insurance, and im- ment from his congressional delegation leave more money in the hands of these proves an important deduction for these small businesses so these businesses business owners. to Annapolis. The Defense Department can hire more workers, continue to pay These and other provisions in the bill will found Charlie and arranged for a Chi- the salary of their current employees, reduce the tax burden on small businesses. cago Congressman to nominate him. and make additional investments in This is especially important in the current When Charlie arrived as a freshman at these businesses. The National Federa- economic environment with many small Annapolis, he was promptly elected tion of Business has written a letter businesses struggling to find access to credit. president of the freshman class. So you Allowing business owners to keep more of can see the progression of being an supporting my bill. the money they earn provides an immediate Quoting from the letter: source of capital that will be invested back overcomer. To get the small business economy moving into the business. pon graduation from Annapolis, again, small business needs the tools and in- Thank you again for your continued efforts choosing the Marines, choosing to fly, centives to expand and grow their business. to support small business owners and to re- becoming a marine test pilot, applying

VerDate Mar 15 2010 14:38 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00071 Fmt 0686 Sfmt 0634 E:\BR09\S15JY9.002 S15JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD 17828 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 13 July 15, 2009 to the astronaut office, becoming an played tremendous management abil- President Obama, who called for a new astronaut, flying twice as shuttle pilot ity and intellect. Her knowledge of our system to control skyrocketing health and twice as commander—four times— space program will be key to NASA’s costs, expand coverage to the tens of returning to active duty in the Marine leadership team. millions left uninsured in our country, Corps, and rising to the level of major Again, I fully support the nomination and ensure high quality, affordable general, after having commanded sev- of Charles Bolden and Lori Garver as health care for every American family. eral Marine wings; and now the dream the next Administrator and Deputy Ad- The bill also focuses on the priorities is fulfilled that Charlie has now been ministrator of NASA. of Americans, from all corners of our confirmed as head of the National Aer- The PRESIDING OFFICER. The Sen- country, whose powerful and often onautics and Space Administration. ator from Rhode Island. heart-wrenching stories underscore the I think it is interesting that at 6:03 f urgent need for reform. this evening the space shuttle lifted off Behind all the statistics and all the into a successful mission. This space AFFORDABLE HEALTH CHOICES numbers and all the projections and all shuttle holds the second record for the ACT the demographics, as we all know in most delays—six. It is exceeded by the Mr. WHITEHOUSE. Mr. President, this Chamber, are a legion of personal first space flight that General Bolden today, I proudly cast my vote to pass and family tragedies and sorrows and took, of which I had the privilege of out of the Senate Health, Education, frustrations that we have to address. being a member of that crew in Janu- Labor, and Pensions Committee land- The Affordable Health Choices Act ary of 1986. We were delayed seven mark legislation that will fundamen- invests heavily in the delivery system times—scrubbed four times on the pad tally change the direction of our dys- reforms that will drive down costs and before launching on the fifth try into functional health care system. bring our current outmoded, broken an almost flawless 6-day mission. The committee approval of the Af- system into the 21st century. These General Bolden takes over NASA at a fordable Health Choices Act is truly a changes are long past due and are es- critical time. NASA is in drift. It needs tremendous victory for millions of sential if we are to protect our ship of a leader. But also for General Bolden to Americans who struggle with a system state from the tidal wave of health be successful as the leader of NASA, he that has continually failed to provide care costs now bearing down on us. has to have the backing of the Presi- quality, affordable health care options This legislation also upholds Presi- dent of the United States, who is the for them, their families, their loved dent Obama’s promise: If you like the one who can give the ultimate leader- ones, and their businesses. health care you have, you can keep it. ship to our Nation’s space program. It has been a special privilege to tem- But for the many Americans who want So it was such a privilege for me, Mr. porarily serve on the HELP Com- different choices or who do not have President, to come and propound this mittee, in particular, with my distin- health insurance at all, we also offer a new public health insurance option unanimous consent request and to see guished senior Senator, JACK REED. I the Senate confirm, by your order, do not think there is a formal rule that can and must compete in an open market with private insurance. unanimously, the nominations of the against it, but it is a rarity in the Sen- As I have traveled throughout Rhode Administrator and the Deputy Admin- ate for two Members from the same istrator of NASA. Needless to say, Island, at community dinners and sen- State of the same party to serve on the ior centers, at coffees and on our main there are a lot of smiles that are going same committee. My brief tenure on to be across America as a result of this streets, I have heard stories of frustra- the HELP Committee gave me the tion and heartache at our broken action. chance to witness firsthand the resolve Thank you, Mr. President. I yield the health care system. Earlier this year, I and caring leadership that is JACK floor. launched a health care storyboard on Ms. MIKULSKI. Mr. President, I am REED’s hallmark and that was shown my Web site where Rhode Islanders can in support of President Obama’s nomi- throughout this historic debate. share their experiences and ideas for nation of Charles Bolden as the next I also applaud the unwavering com- health reform. In just a few short Administrator of the National Aero- mitment and leadership of President months, hundreds of Rhode Islanders nautics and Space Administration, Obama, and the tireless efforts of my have written to share their ideas and NASA, and Lori Garver as the Deputy Senate colleagues, in the pursuit of experiences. These are just a few of Administrator of NASA. meaningful, comprehensive reform. them. We are at a critical point in NASA’s I feel really very privileged to have Paul and Marcela from Newport told history, and our space agency needs a served with Chairman DODD and Rank- me about the health complications leadership team devoted to the core ing Member ENZI. Chairman DODD had that Paul and his son have endured mission of the agency. this responsibility fall upon him when from type 1 diabetes. The related med- Mr. Bolden has a compelling story. illness overtook probably his best ical conditions Paul has suffered from He transcended barriers and estab- friend in the Senate, Chairman KEN- the diabetes have left him unable to lished himself at the forefront of our NEDY. And he gave me, at least, as a work. Nation’s scientific policy. A career ma- junior Senator, an education in Senate To compensate for the family’s loss rine and true leader, Mr. Bolden is chairmanship. of income, Marcela works tirelessly, deeply committed to fostering a bal- Ranking Member ENZI presented an taking on a full-time and part-time job anced space program focused on safe, unforgettable model of graciousness to pay the bills. Like so many hard- reliable human space exploration, and and civility. And all of the members of working Americans, they fall just robust scientific research and innova- the committee worked hard and sin- short of income eligibility cutoffs for tion. A seasoned astronaut, Mr. Bolden cerely. State assistance programs, forcing has experienced first hand the signifi- I particularly thank our esteemed them to bear the brunt of expensive cance of space exploration, traveling chairman, Senator KENNEDY, for his medical cos, premiums, and prescrip- into orbit four times between 1986 and longstanding leadership and dedica- tion costs. On a stretched budget, bal- 1994, including a mission to deploy the tion. He truly is the champion of ancing their medical expenses is a con- Hubble space telescope. health care reform. For decades, Chair- stant challenge, and Paul and Marcela From commanding missions in space man KENNEDY has worked passionately keep hoping they will catch a break to serving our Nation in the U.S. Ma- on this important cause. And while he soon. rine Corps, Mr. Bolden has displayed could not attend the markup, we felt I heard from Ben, a medical student the experience, leadership skills, and his presence daily in the hearing room. in Providence, who, even at such an know-how to successfully guide NASA And it is to his very great credit that early stage in his medical career, has into the future. we had this success today. witnessed the devastating effect of In addition, Lori Garver is a leader in I am pleased that the final legisla- being uninsured on the health and well- the aerospace industry and has dis- tion reflects the principles outlined by being of his patients.

VerDate Mar 15 2010 14:38 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00072 Fmt 0686 Sfmt 0634 E:\BR09\S15JY9.002 S15JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD July 15, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 13 17829 Ben shared the story of one of his pa- and our efforts to implement change TAKAKO L. BARRELL ANDREW C. BAXTER tients who delayed treatment because will still face challenges. Certain LINDA L. BLACKMAN he was unable to afford the medical stakeholders, invested in the status MICHAEL T. BOZZO DAVID M. CASSELLA bills. Only a few days later, this pa- quo, will fight back against change; DEBRA A. CHAPPEL tient was rushed to the emergency they will drag their feet; they will mis- PATRICIA A. COBURN JAMIE F. CORNALI room with a life-threatening infection. inform; and they will mobilize—all PATRICIA A. CRANE The treatment to save this man’s life with the singular purpose of defeating FREDERICK L. DAVIDSON LAURA D. DESNOO resulted in much higher costs for the our progress toward comprehensive CHERYL R. EVANS patient and the hospital—costs that health care reform. VERNELL R. FLOODDEYOUNG LISA R. FORD Ben knows may have easily been pre- I know the fight to secure final pas- MELISA A. GANTT vented if the patient was treated when sage of our reform will be contentious, EUGENIO GARCIA, JR. JUANITA GAUSS the condition was in its early stages. but I welcome a vigorous debate on the MICHAEL A. GLADU Ben writes: Senate floor because I also know our JANET D. GOODART MICHELLE D. HAIRSTON It’s these day-to-day decisions to postpone current system has reached a state of REBECCA L. HILFIKER treatment that really hurt the uninsured. disrepair that is putting us at risk—as TERRI J. HOLLOWAYPETTY SHANNON M. JONES Mike from Riverside shared his expe- patients, as families, as competitive DARLENE M. JULKOWSKI rience of surviving cancer that was businesses, and as a nation. And failing LISA LEAZENBY TODD R. LITTLE misdiagnosed and left untreated for to change the status quo is both DENNIS G. LOGAN several years. When he sought a second unsustainable and irresponsible. JUDITH M. LOGAN MICHAEL J. LOUGHREN opinion, the final diagnosis was de- I thank the Presiding Officer, and I MICHAEL E. LUDWIG layed for weeks as his paper medical yield the floor. DARIN S. MARCHOK HENGMO Y. MCCALL records were shuttled from hospital to f ELIZABETH M. MILLER hospital. REBECCA N. MIONE LINDA K. MOORE On top of this frustration, Mike re- ADJOURNMENT UNTIL 9:30 A.M. DANA A. MUNARI ceived the devastating news that his TOMORROW ROBIN R. NEUMEIER PATRICIA A. ONEALMELLEN leg had to be removed to prevent the The PRESIDING OFFICER. The Sen- SUSAN ORCUTTCLOFT cancer from spreading further. After DAVID J. PARIS ate stands adjourned until Thursday, NANCY E. PARSON his amputation surgery, Mike is thank- July 16, 2009, at 9:30 a.m. ANTHONY D. PEVERINI ful to be cancer free, but now his finan- JAMES R. POST Thereupon, the Senate, at 8 p.m., ad- ANDREW A. POWELL cial struggles have begun. With med- journed until Thursday, July 16, 2009, JAMES R. REED ical bills and health care premiums RICHARD T. REID at 9:30 a.m. SANDRA M. ROLPH that exceed his monthly mortgage pay- f MILAGROS ROSA ments, Mike is wondering how he will MICHAEL L. SCHLICHER SHARON U. SCOTT make ends meet. NOMINATIONS DOROTHY L. SHACKLEFORD I had coffee with Shirley, a Middle- LORI A. SKINNER Executive nominations received by PAMELA M. SOLETLINDSAY town resident who described her relief the Senate: YOUNGHEE SONG at turning 65. For the past 20 years, she BRITTANY R. SPEERS FEDERAL EMERGENCY MANAGEMENT AGENCY NANCY M. STEELE and her husband did not have insur- BENJAMIN STINSON ance. As self-employed business owners RICHARD SERINO, OF MASSACHUSETTS, TO BE DEPUTY CYNTHIA L. SVEINE ADMINISTRATOR AND CHIEF OPERATING OFFICER, FED- MARIA M. VANTERPOOL in their fifties, finding affordable in- ERAL EMERGENCY MANAGEMENT AGENCY, DEPART- ERIC H. WATSON MENT OF HOMELAND SECURITY, VICE HARVEY E. JOHN- STACY U. WEINA surance options was impossible, so SON, JR., RESIGNED. they went without. They took their JEFFREY L. WELLS IN THE AIR FORCE KIMBERLY E. WILLIAMS chances. SARAH A. WILLIAMSBROWN THE FOLLOWING NAMED INDIVIDUAL FOR APPOINT- JASON S. WINDSOR Now 65 and eligible for Medicare, MENT TO THE GRADE INDICATED IN THE REGULAR AIR JOSEPH N. WINTER they finally have peace of mind. Shir- FORCE UNDER TITLE 10, U.S.C., SECTION 531(A): REBECCA A. YUREK ley admits she and her husband were To be major THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TO THE GRADE INDICATED IN THE UNITED STATES ARMY lucky to make it through those 20 DAVID A. MACGREGOR MEDICAL SPECIALIST CORPS UNDER TITLE 10, U.S.C., years without serious health problems. IN THE ARMY SECTIONS 624 AND 3064: During our meeting, she urged us to THE FOLLOWING NAMED OFFICER FOR APPOINTMENT To be lieutenant colonel TO THE GRADE INDICATED IN THE UNITED STATES ARMY pass health care reform for the mil- MARY C. ADAMSCHALLENGER UNDER TITLE 10, U.S.C., SECTION 624: lions of hard-working Americans— TERESA L. BRININGER To be colonel SUSAN DAVIS hard-working, middle-class Ameri- DAVID H. DUPLESSIS cans—who are not as fortunate as she NATHANIEL JOHNSON, JR. SANDRA E. KEELIN SHAWN T. LOCKETT THE FOLLOWING NAMED ARMY NATIONAL GUARD OF and her husband. JEFFREY P. NELSON THE UNITED STATES OFFICERS FOR APPOINTMENT TO For these Rhode Islanders—and for MATTHEW G. ST LAURENT THE GRADE INDICATED IN THE RESERVE OF THE ARMY DEYDRE S. TEYHEN millions more Americans all over the UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: RICHARD A. VILLARREAL country—there has to be a better way. To be colonel DAVID A. WRIGHT We have to do better than 47 million JASON E. JOHNSON THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT uninsured and millions more teetering DOUGLAS C. ROSE, JR. TO THE GRADE INDICATED IN THE UNITED STATES ARMY CARY A. SHILLCUTT VETERINARY CORPS UNDER TITLE 10, U.S.C., SECTIONS on the brink. We have to do better than 624 AND 3064: 100,000 people dying each year from THE FOLLOWING NAMED ARMY NATIONAL GUARD OF THE UNITED STATES OFFICERS FOR APPOINTMENT TO To be lieutenant colonel avoidable medical errors. We have to THE GRADE INDICATED IN THE RESERVE OF THE ARMY UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: CHARLES C. DODD do better than health care outcomes HOWARD D. GOBBLE for Americans who are at the bottom of To be colonel STEVEN T. GREINER SHELLEY P. HONNOLD all our industrialized competitors. RICHARD P. ADAMS JERROD W. KILLIAN America can do better than this. With RANDALL B. BRADFORD BRIAN U. KIM KENNETH G. CAMPBELL BRIDGET S. LEWIS this legislation, we believe the process STEVEN W. MILLER NANCY MERRILL GEORGE M. SCHWARTZ MARK L. RICHEY has begun for America to do better MICHAEL J. STEWART than this. PATRICIA Y. RILEY THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT HEATHER A. SERWON The work accomplished today by the TO THE GRADE INDICATED IN THE UNITED STATES ARMY MARK A. SMITH HELP Committee is, of course, a first NURSE CORPS UNDER TITLE 10, U.S.C., SECTIONS 624 AND JULIE M. STEPHENSDEVALLE 3064: SHANNON A. STUTLER step in a long journey toward restruc- DANIEL C. WAKEFIELD To be lieutenant colonel turing our health care system. The THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT path to meaningful reform will not be KIRSTEN M. ANKE TO THE GRADE INDICATED IN THE UNITED STATES ARMY VELVET D. BAKER MEDICAL SERVICE CORPS UNDER TITLE 10, U.S.C., SEC- easy. We have many rivers to cross, ELLEN S. BARKSDALE TIONS 624 AND 3064:

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FRECCERO ALEXANDER J. ERNEST ERIC P. CARNAHAN JASON P. GANONG NAJAM G. FASIHI KRISTEN L. CASTO WILLIAM A. GILBERT MICHAEL D. FAVERO RODRIGO CHAVEZ, JR. KEVIN R. GILLESPIE MASSIMO D. FEDERICO LYNNE A. CHINTALA JOSEPH W. IVORY RICHARD A. FERGUSON ANTHONY S. COOPER HARRY J. JACKSON KATHLEEN E. FINDLAY LEONARD A. CROMER, JR. HWAHOON JEONG CHRISTOPHER J. FOSTER JENNIFER L. CUMMINGS MIGUEL A. MARTINEZDIAZ DORI M. FRANCO GERALD L. DALLMANN BRADLEY C. MORRISON MICHAEL G. GARVEY THOMAS N. DAMIANI AMANDA R. NELSON SUSAN A. GEORGE CHRISTOPHER J. DAVID JOEL M. NICHOLS MATTHEW D. GIVENS AMY GOOLD WILLIAM E. DAVIS IV NATHAN C. PARRISH MATTHEW D. PHILLIPS CHRISTINE M. GOULD KARL M. DEVLIN NATHAN PHILLIPS EMIL T. GRAF MONICA S. DOUGLAS CHRISTOPHER L. ROWE DAVIS Y. GRAY DWAYNE A. ELDER CURTIS D. SCHMIDT ARTHUR F. GUERRERO JAMES B. ELLEDGE ROBERT S. SCHMIDT KAREN T. GUERRERO MICHAEL A. ELLIOTT BRIAN W. STANCOVEN KARA M. HACK SANDRA ESCOLAS MICHAEL J. STEWART JORDAN M. HALL ARTHUR B. FISCH FRANK B. STRICKLAND BRANDON G. HAMILTON CRAIG R. FISHER RONALD B. TERRY JANICE N. HAMMOND STEPHEN L. FRANCO GEORGIOS VESSIROPOULOS TRISTAN M. HARRISON BERNADETTE FULLER PAUL WANG ROBERT S. HART DOUGLAS H. GALUSZKA RUSSELL M. WEAVER NATHAN E. HARTVIGSEN CHRISTOPHER A. GELLASCH DENTONIO WORRELL JASON S. HAWKSWORTH SHEPARD H. GIBSON II JONATHAN D. HEAVEY GUY J. GIERHART THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JODY N. HEFNER ROGER S. GIRAUD TO THE GRADE INDICATED IN THE UNITED STATES ARMY MELVIN D. HELGESON STEVEN D. HANKINS MEDICAL CORPS UNDER TITLE 10, U.S.C., SECTIONS 624 JEREMY S. HELPHENSTINE RONALD E. HARPER AND 3064: ERIK L. HERMSTAD JONATHAN A. HEAVNER To be major CHRISTOPHER C. HIGGINS TIMOTHY J. HOIDEN HEATHER L. HIGGINS PHILIP A. HOLCOMBE JOEL T. ABBOTT CHRISTOPHER C. HILLS MATTHEW J. HORSLEY TIMOTHY C. ACEL HIEU HOANG NATHAN O. HUCK DAVID J. ADAM MONICA A. HOFFMAN THOMAS L. HUNDLEY BRIAN L. ADAMS THOMAS N. HOFFMANN DANIEL E. JETTON ERIC P. AHNFELDT LUKE J. HOFMANN DAVID A. JOHNSON, JR. DAVID W. ALEXANDER SUZANNA N. HOLBROOK GREGORY A. JOHNSON AMBER B. ARAGON KATHLEEN C. HOLST NATHAN A. KELLER CHARLES B. ARBOGAST JOHN D. HORTON TIMOTHY D. KUNDINGER MICHAEL V. ARNETT SARAH M. HOWELL RAYMOND D. LAUREL NAVIN S. ARORA STEVEN J. HUDAK JACK R. LEECH III MELISSA A. ATIYEH LIEN T. HUYNH JOSEPH F. LINEBERRY, JR. DAVID AYER WILLIAM HWANG BARBARA LOCKBAUM CARRIE D. AYERS SEYED A. JALALI MICHAEL G. MACLAREN II FARHAN S. AYUBI BRUCE L. JAMES JOHNNIE R. MANNING, JR. SONAL BAKAYA GREGORY K. JENSEN JEFFREY S. MARKS AMY E. BATT SANTIAGO JIMENEZ LYNN E. MARM BRIAN C. BELDOWICZ BRYAN M. JOHNSON BRIAN D. MARTIN DREW G. BELNAP ERIK R. JOHNSON JOHN J. MARTIN BROCK A. BENEDICT KENNETH JOHNSON RICKY J. MARTINEZ JOHN D. BETTERIDGE OWEN N. JOHNSON HUGH A. MCLEAN, JR. ALISON BLACK RYAN JOHNSON JOHN H. MCMAHAN JOHN H. BODEN NATHAN D. JONES KENNETH R. MCPHERSON STEVEN A. BONDI TRACI L. JONES SCOTT R. MELLING ANTHONY C. BONFIGLIO ANDREW KAGEL TERRY R. MOREN HERMAN G. BOTERO WHITNEY L. KALIN JEFFERY L. MOSSO BRYAN M. BOUCHER SHAWN M. KAPOOR ROBERT L. NACE ALEXANDER W. BROWN WHERLEY J. KECK RICARDO J. NANNINI CATHLEEN M. BROWN JOREN B. KEYLOCK CHAD E. NELSON SARAH L. BROWN MICHAEL J. KILBOURNE ENRIQUE ORTIZ, JR. CHARLES C. BROY ESTHER KIM PETER L. PLATTEBORZE SAMUEL E. BURKETT JOHN H. KIM MICHAEL R. POUNCEY REBECKAH J. BURNS RIRA J. KIM BRANDON J. PRETLOW TRAVIS C. BURNS YOUNG W. KIM MARK C. PROBUS CRAIG M. BUSH MEGAN K. KLOETZEL HABY RAMIREZ AARON K. BUZZARD JAMES C. KNEFF, JR. WILLIAM R. REDISKE ROBERT W. BYRNE RAJA KOLLI JASON H. RICHARDSON MICHAEL S. CAHILL BENJAMIN L. KREPPS MICHAEL C. SAUER KENYA K. CAIN JENNIFER B. LABAHN ERIC R. SCHMACKER AARON W. CAMPBELL NICHOLAS J. LANGE JEFFREY D. SHIELDS JASON A. CANNELL RYAN J. LARSON MAELIEN SHIPMAN ERNESTO CARDENAS BROOKS T. LASELLE DAVID L. SILVER BARBARA A. CARR TAMARA D. LAWSON ALICK E. SMITH BRIAN J. CARR STEVEN C. LEWIS MIKAL L. STONER XIAOLU W. CARTER TRAVIS R. LIDDELL WILLIAM M. STRIDER LAUDINO M. CASTILLOROJAS DAVID S. LIDWELL YOLONDA R. SUMMONS MATTHEW S. CHAMBERS TERRENCE LILLIS PATRICK A. TAVELLA MOSES H. CHENG JEFFREY R. LIMJUCO BARBARA A. TAYLOR JASON N. CHIU JEFFREY R. LIVEZEY LISA A. TEEGARDEN DONALD O. CHRISTENSEN JEREMIAH LONG STEENVORT J. VAN JASON C. CLARK ROMARIUS L. LONGMIRE JAMES L. WADDICK, JR. KYRA R. CLARK ADAM M. LUKASIK BLAIN S. WALKER CHRISTOPHER D. COLLINS APRIL E. LYNCH BRIAN K. WALKER MARCUS H. COLYER FRANZ J. MACEDO DENNIS W. WALKER ROBERT J. CORNFELD ANDREW W. MACK TIMOTHY D. WALSH JONATHAN R. COYLE JUSTIN J. MADILL OLIVER T. WALTON MARK S. CRAIG EDWARD W. MALIN IV NORMAN C. WATERS STEVEN H. CRAIG ANANTHA K. MALLIA MICHAEL C. WILLIAMS CHRISTOPHER B. CROWELL ERIK S. MANNINEN CHRISTOPHER A. WODARZ JEANNE Y. CUBANSKI ROGER K. MANSON AMMON WYNN III PETER L. CUFF BRIAN P. MARKELZ KEVIN L. CUMMINGS PETER G. MATOS THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT PETER A. CUNIOWSKI JOSEPH W. MAY TO THE GRADE INDICATED IN THE UNITED STATES ARMY MICHAEL D. DANN TARA L. MAZZA DENTAL CORPS UNDER TITLE 10, U.S.C., SECTIONS 624 ANDREW S. DAVIS CHRISTOPHER S. MCGUIRE AND 3064: JASON A. DAVIS ALEX J. MCKINLAY

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DANIEL F. MCLAUGHLIN PAUL C. ROBINSON SCOTT L. WILLIS BRIAN C. MCLEAN NORBERTO RODRIGUEZ, JR. AARON L. WILSON MEGAN M. MCPHEE JARRET E. SANDS AIMEE WILSON GEORGE J. MEYERS IV RHIANA D. SAUNDERS JUSTIN N. WILSON TODD R. MILLER SEBASTIAN R. SCHNELLBACHER NOUANSY K. WILTON ELISABETH H. MITCHELL HAROLD L. SCHWAB AGNIESZKA O. WOJCIEHOWSKI CLIFTON C. MO KEVIN J. SCHWECHTEN DAVID A. WONDERLICH MARIA M. MOLINA DAVID C. SEMERAD II KIMBERLY J. WONDERLICH DAVID MOSER ALCARIO SERROS III JOSEPH V. WOODRING MICHAEL J. MULCAHY DANIEL C. SESSIONS YANG XIA PATRICK D. MUNSON CHRISTINE D. SHARKEY THOMAS L. ZICKGRAF AARON D. NELSON JEFFREY E. SHERWOOD DAYNE M. NELSON JARETT T. SKINNER PHU T. NGUYEN BENJAMIN H. SMITH f KENNETH NICKLE CHRISTIAN L. SMITH SARAH E. NILES GEORGE J. SMOLINSKI III DISCHARGED NOMINATIONS KIMBERLEY NJOROGE CYLBURN E. SODEN ANTHONY A. NOYA VANCE Y. SOHN The Senate Committee on Com- LARA B. NUNEZ MATTHEW SPRINGER ANTHONY J. OLIVA, JR. BRONWYN R. STALL merce, Science, and Transportation SUSAN P. OPAR RODERICK V. STARKIE was discharged from further consider- CANDELARIA B. OSORIO BRAD Q. STARLEY VICTORIA OTA MICHAEL P. STAUFF ation of the following nominations by ANDREA S. OTTO CHRISTINA M. STAVITSKI JOSHUA C. PACKARD SHANNAH L. STEEL unanimous consent and the nomina- INGRID PACOWSKI THEODORE R. STEFANI tions were confirmed: BENJAMIN N. PALMER JOHN STEPHENSON CHARLES F. BOLDEN, JR., OF TEXAS, TO BE ADMINIS- PATRICIA J. PAPADOPOULOS IFEYINWA A. STITT TRATOR OF THE NATIONAL AERONAUTICS AND SPACE JISOO PARK NAOMI E. SURMAN ADMINISTRATION. CALVIN W. PARKER STEPHANIE T. SUSSKIND LORI GARVER, OF VIRGINIA, TO BE DEPUTY ADMINIS- STEPHEN PATTEN ESTHER TAN TRATOR OF THE NATIONAL AERONAUTICS AND SPACE CARL R. PAVEL DANIEL J. TOLSON ADMINISTRATION. JONATHAN PEDERSON MARK R. TOMASULO JENNIFER H. PERKINS PATRICK H. TRACY MICHAEL P. PERKINS SCOTT T. TREXLER f MICHAEL D. PERREAULT JUSTINE E. TRIPP JASON T. PERRY CHRISTOPHER J. TUCKER JAMES PHILLIPS MICHELLE S. VAL CONFIRMATIONS BRIAN L. PIENKOS SCOTT D. VANDERLEEST ANTHONY R. PLUNKETT LESLIE A. VANSCHAACK Executive nominations confirmed by JAMES M. POSS EVELYN R. VENTO the Senate, Wednesday, July 15, 2009: SAMUEL L. PRESTON III AMY E. VERTREES LISA K. PRINCE PETER VICKERMAN NATIONAL AERONAUTICS AND SPACE NADER Z. RABIE WILLIAM WASHINGTON ADMINISTRATION JEREMY T. REED JOSHUA T. WATSON MALDONADO A. REED MAURA WATSON CHARLES F. BOLDEN, JR., OF TEXAS, TO BE ADMINIS- SEAN C. REILLY BRUCE M. WEAVER TRATOR OF THE NATIONAL AERONAUTICS AND SPACE WALDEMAR L. RIEFKOHL THOMAS A. WEBSTER ADMINISTRATION. KIMBERLY I. RIENIETS ERIC J. WHITMAN LORI GARVER, OF VIRGINIA, TO BE DEPUTY ADMINIS- AMBER E. RITENOUR SCOTT A. WHITWORTH TRATOR OF THE NATIONAL AERONAUTICS AND SPACE JOSHUA S. RITENOUR SCOTT G. WILLIAMS ADMINISTRATION.

VerDate Mar 15 2010 14:38 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00075 Fmt 0686 Sfmt 9801 E:\BR09\S15JY9.002 S15JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD 17832 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 13 July 15, 2009 HOUSE OF REPRESENTATIVES—Wednesday, July 15, 2009

The House met at 10 a.m. and was lic for which it stands, one nation under God, miums, copays, and deductibles which called to order by the Speaker pro tem- indivisible, with liberty and justice for all. are the basis of insurance company pore (Mr. ALTMIRE). f profits. The only way to break the insurance f WELCOMING PASTOR GARY companies’ hold on our system is to HASHLEY DESIGNATION OF THE SPEAKER guarantee affordable, quality health PRO TEMPORE The SPEAKER pro tempore. Without care to all Americans through a uni- The SPEAKER pro tempore laid be- objection, the gentleman from Ne- versal single-payer, not-for-profit fore the House the following commu- braska (Mr. SMITH) is recognized for 1 health care system. nication from the Speaker: minute. f There was no objection. WASHINGTON, DC, DEMOCRATS SHOULD STOP THE July 15, 2009. Mr. SMITH of Nebraska. Mr. Speak- SPIN ON THE ECONOMY I hereby appoint the Honorable JASON ALT- er, I rise in honor of today’s guest MIRE to act as Speaker pro tempore on this chaplain, Pastor Gary Hashley. He is (Mr. WILSON of South Carolina day. joining us from my hometown of asked and was given permission to ad- NANCY PELOSI, Gering, Nebraska, where he serves the dress the House for 1 minute and to re- Speaker of the House of Representatives. congregation at the Calvary Memorial vise and extend his remarks.) f Church. Pastor Hashley’s journey Mr. WILSON of South Carolina. Mr. began in Michigan, where he graduated PRAYER Speaker, Democrats should stop trying both from high school and the Grand to spend the results of their economic The Reverend Gary Hashley, Calvary Rapids School of the Bible and Music. borrowing program. Despite what the Memorial Church, Gering, Nebraska, Over the years, he has served commu- Obama administration has said, the offered the following prayer: nities as diverse as Kalamazoo, Michi- 2,600,000 Americans who have lost jobs Almighty God, David, the beloved gan, and LaGrange, Wyoming, before since January is a clear sign that their Psalmist and great King of Israel settling in Nebraska. It is an honor to Recovery Act has not done its job. In- wrote, ‘‘Show me Your ways, O Lord; be here with him today. stead of more rhetoric, Democrats teach me Your paths. Lead me in Your For 30 years, Pastor Hashley’s serv- should work with Republicans to put in truth and teach me, for You are the ice has had a profound impact on his place commonsense proposals that will God of my salvation; on You I wait all community. He has led efforts to feed rein in the wasteful spending and focus the day.’’ the poor, to spread his faith to those in on job creation. Father, today I echo King David’s need, and has even been active with Our economy will grow strong again thoughts for all Americans, but espe- local 4–H councils. I thank Pastor thanks to individuals and small busi- cially for these, our elected Represent- Hashley for his dedication, leadership, nesses that create the majority of jobs atives. Please show us what we need to and service to our community and for in this country. It will not be due to see, teach us what we need to know, his words of faith this morning. the billions in Big Government bor- and lead us where we need to go as in- f rowing perpetrated by this administra- dividuals and as a Nation. I acknowl- tion. We should focus our time on help- edge publicly that You are God and ANNOUNCEMENT BY THE SPEAKER ing small businesses grow and provide that all of us who are blessed to live in PRO TEMPORE relief to those who are suffering during this great country need to wait on You, The SPEAKER pro tempore. The these tough economic times. and to seek Your face today and every Chair will entertain up to 15 requests Republicans have offered a plan to do day. for 1-minute speeches on each side of just that, and we will do so without Please, Father, guide the work done the aisle. adding trillions in additional Big Gov- in this room and make Your presence f ernment, liberal spending, and actions known. I ask this in Jesus’ name. such as the new health care taxes that Amen. AFFORDABLE HEALTH CARE will destroy jobs. f (Mr. KUCINICH asked and was given In conclusion, God bless our troops, permission to address the House for 1 and we will never forget September the THE JOURNAL minute.) 11th in the global war on terrorism. The SPEAKER pro tempore. The Mr. KUCINICH. Americans want f Chair has examined the Journal of the quality, affordable health care. Fifty last day’s proceedings and announces million Americans are uninsured. H.R. ACCESS TO HEALTH CARE FOR to the House his approval thereof. 3200 will still leave 17 million Ameri- EVERY AMERICAN Pursuant to clause 1, rule I, the Jour- cans uninsured. Now, how is that pos- (Mr. BACA asked and was given per- nal stands approved. sible? Because it keeps in place a for- mission to address the House for 1 f profit insurance system which siphons minute.) off at least $400 billion every year Mr. BACA. Mr. Speaker, we have a PLEDGE OF ALLEGIANCE which could be used to make sure all critical role in reviewing the specific The SPEAKER pro tempore. Will the Americans, not just most Americans, details of health care reform. Access to gentleman from Louisiana (Mr. FLEM- receive quality health care. health care is something we owe to ING) come forward and lead the House H.R. 3200 will not solve the problem every American family across this Na- in the Pledge of Allegiance. of underinsurance. Sixty percent of all tion. Everyone should have coverage. Mr. FLEMING led the Pledge of Alle- bankruptcies in America are due to Everyone should have access. giance as follows: people not being able to pay hospital There is no question that we must I pledge allegiance to the Flag of the bills. Of those, 80 percent are insured. have comprehensive reform to our United States of America, and to the Repub- People just can’t afford the rising pre- health system. Critics to reform are

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

VerDate Mar 15 2010 14:39 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00001 Fmt 0688 Sfmt 0634 E:\BR09\H15JY9.000 H15JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD July 15, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 13 17833 failing to get the message and only for seniors stuck in the dreadful part D must act now, for it is evident that the talk about rhetoric. Doing nothing for doughnut hole; there are consumer pro- status quo is simply not working. a broken system is not the answer. tections against longstanding egre- f They do not understand the fear and gious practices by insurance compa- WHERE IS THE WEB SITE devastation families face while on trips nies; there is amazing investment into to the emergency room. They do not our health care workforce, including (Mr. PITTS asked and was given per- understand the severe ramifications physicians, nurses, and allied health mission to address the House for 1 faced by families when they receive the professionals; and there is finally an minute and to revise and extend his re- doctor’s bill or hospital bill. incentive to practice wellness-based marks.) Families must have access to health health care instead of illness-based dis- Mr. PITTS. Mr. Speaker, when Con- care. Never again will you have cov- ease treatment. gress passed the $787 billion so-called erage be denied. Never again will you I urge all of my colleagues to join me stimulus bill, the White House prom- have to make a decision between life or in passing America’s Affordable Health ised to set up a Web site where people job decision based on coverage. Choices Act and enacting the health could go to learn how the money was I urge my colleagues to support com- care reform our constituents so des- being spent. Recovery.gov has since prehensive health reform. perately need and Americans deserve. been criticized for how long it took to get going and how forthcoming it has f f been with the information people need; TAXPAYER DOLLARS SHOULD NOT AUTOMATIC ENROLLMENT IN yet it seems doubtful that what critics FUND ABORTIONS GOVERNMENT-RUN HEALTH CARE had in mind was an $18 million over- (Mr. FLEMING asked and was given (Mr. SAM JOHNSON of Texas asked haul. That’s exactly what this adminis- permission to address the House for 1 and was given permission to address tration is planning. minute.) the House for 1 minute and to revise The General Services Administra- Mr. FLEMING. Mr. Speaker, as it and extend his remarks.) tion, the agency that manages Federal stands now, the Democrat health plan Mr. SAM JOHNSON of Texas. Mr. Government property, announced Wednesday that $18 million in addi- equals taxpayer-funded abortions. Let Speaker, as we debate the best way to tional stimulus funds is being spent to me repeat that. As it stands now, the reform our health care system and en- redesign the recovery.gov Web site. A Democrat health plan equals taxpayer- sure that all Americans have access to cost estimate from funded abortions. quality health care, some Members of www.designquote.net makes the $18 If unamended, the Obama health plan Congress insist that a government-run million figure even more outrageous. restructuring will be the most massive option must be included. Yet, in one According to the site, the top-end esti- abortion expansion since Roe v. Wade proposal, Members of Congress are cu- mate for a premium Web design from a and every insurance premium payer riously exempt from the public plan. professional firm flush with all of the and every taxpayer will be forced to For those who are convinced that bells and whistles comes out at pay for every abortion. The taking of government-run health care won’t sac- $192,740. innocent life is not health care. I know; rifice quality and won’t lead to ration- One has to wonder what the other I’m a physician. Yet, without an abor- ing, I back a resolution saying that if $17,807,260 in taxpayer money will be tion exclusion, this reform bill will be a Member of Congress votes to support used for. the platform for thrusting abortion the public option, then that Member into every aspect of health care in this must be automatically enrolled in it. If f country. Members are convinced that the gov- NO DISCRIMINATION IN HEALTH The Secretary of HHS and the so- ernment-run public option will deliver CARE called Benefits Advisory Committee the same quality of care as their con- (Mr. PERLMUTTER asked and was will determine the specific mandated gressional health plans, then they given permission to address the House services. Abortion will be included in ought to be the first in line to enroll. for 1 minute.) the minimum benefits unless it is ex- Members of Congress should stop Mr. PERLMUTTER. Mr. Speaker, cluded, and the Democrats refuse to do asking the American people to make today, much of the conversation is that. sacrifices they are not willing to make about the health care system. It’s a This bill does an end run on current themselves. very personal matter to me, as it is to abortion funding restrictions by con- f every man, woman and child in Amer- taining language that both authorizes ican. I have a daughter with epilepsy. HEALTH CARE SYSTEM REFORM and appropriates. She is not insurable. We have a system f (Mr. SIRES asked and was given per- in place today that denies her cov- mission to address the House for 1 erage, that excludes her from coverage. IMPROVING HEALTH CARE FOR minute.) That’s wrong, and it’s probably uncon- AMERICANS Mr. SIRES. Mr. Speaker, today I rise stitutional under the 14th Amendment (Mrs. CAPPS asked and was given to speak of the pressing need to fix our to the United States Constitution. permission to address the House for 1 health care system. Every day, Ameri- There should not be discrimination minute and to revise and extend her re- cans not only worry about getting well, in health care. There shouldn’t be de- marks.) but whether they can afford to get well nial of coverage because of a pre- Mrs. CAPPS. Mr. Speaker, we have or stay healthy. They are not the only existing condition. We need to change an historic opportunity to finally im- ones who worry. All too often small the system that exists so that there is prove health care in America, to fi- businesses are forced to choose between coverage for all Americans with chron- nally bring access and quality of care coverage or layoffs. ic illness and the like. to all Americans, not just the lucky We have the most expensive health The bill that we have in Congress few. system care in the world, spending al- will change that coverage, ladies and I’m so proud to support the bill intro- most 50 percent more per person on gentlemen, and I urge its passage. duced by the three committees of juris- health care than the next most costly f diction and to play my part in seeing nation; yet we’re not healthier for it. b 1015 us pass legislation in both the House Mr. Speaker, I am glad that Congress and Senate before the August recess. and the President are working together SOCIAL SECURITY EXECS HAVE What’s great is that there is something on a plan to reform our health care FUN AT THE BILTMORE HOTEL for everyone here. There is affordable system, a plan that will reduce costs, (Mr. POE of Texas asked and was access to coverage for people who’ve provide choices, and guarantee afford- given permission to address the House never been insured before; there is help able quality health care for all. We for 1 minute.)

VerDate Mar 15 2010 14:39 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00002 Fmt 0688 Sfmt 0634 E:\BR09\H15JY9.000 H15JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD 17834 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 13 July 15, 2009 Mr. POE of Texas. Mr. Speaker, So- health care bill that’s been introduced so that they can get their health care, cial Security Administration execu- before us. irrespective of a preexisting health tives recently enjoyed a luxury retreat f care condition. at the expense of the American tax- I’m proud that this health care plan payer. They flew 700 of their managers DEMOCRAT HEALTH REFORM covers all preexisting conditions, in- to the picture perfect, swanky Arizona (Mr. GINGREY of Georgia asked and cluding mental health parity as cov- Biltmore Hotel for what they called was given permission to address the ered by the Mental Health Parity and ‘‘organizational training.’’ House for 1 minute and to revise and Addiction Equity Act that was passed It cost the taxpayers $750,000. These extend his remarks.) and signed by President Bush. bureaucrats enjoyed golf, musical en- Mr. GINGREY of Georgia. Mr. Speak- Mr. GOHMERT. Mr. Speaker, the tertainment, dancing, skits, catered er, yesterday House Democratic leader- words were just said that the Repub- food, cocktails and even a casino night. ship held a press conference to intro- licans, pointing over here, are bought Sounds like a vacation for the rich and duce their health care reform legisla- and paid for. I would ask that those famous. tion. As a physician who has practiced words be taken down. Meanwhile, seniors are worried about medicine for more than 30 years, I have The SPEAKER pro tempore. Mem- even getting their monthly Social Se- major concerns that this plan will ulti- bers will suspend. The gentleman from curity checks. mately put a government bureaucrat in Rhode Island has taken a seat. There was a near riot when taxpayers between patients and their doctors and The Clerk will report the words. found out AIG spent half that amount eventually lead to a one-size-fits-all Mr. KENNEDY. Mr. Speaker, I did for their luxury retreat by using tax- health care system where the govern- not mean to impugn the reputation of payer bailout money. But the Social ment decide what treatments are nec- any individual Member. I was merely Security spokesman, Peter Spencer essary for patients. When money gets speaking about the party that was rep- dismissed the comparison with AIG by tight, this leads to rationing of care resenting the insurance companies. saying, Well, it’s different taxpayer and long waiting lists for patients. I ask unanimous consent to withdraw money. I’m glad he cleared that up for We’ve already seen the pilot of this the words. us. program. It’s called TennCare. Just ask The SPEAKER pro tempore. Is there The arrogance of the Social Security the Democratic governor of Tennessee objection to the request of the gen- execs to be jet-setting around the coun- what it’s done to the budget in their tleman from Rhode Island? try, going to a luxury spa, and then State. Mr. GOHMERT. Mr. Speaker, I with- making people paying into Social Se- I want to read just a sentence of tes- draw my request that the words be curity pick up the $750,000 tab is dis- timony from a Canadian doctor who taken down since they are withdrawn graceful. I guess the spendacrats never has seen firsthand the consequences of and I appreciate my friend doing so. heard of teleconferencing or even the a single-payer system on his patients. The SPEAKER pro tempore. Without Motel 6. ‘‘What we have in Canada is access to objection, the words are withdrawn. And that’s just the way it is. a government state-mandated wait list. There was no objection. f And the wait lists are long, the pa- f tients are languishing and suffering on THE PUBLIC HEALTH INSURANCE wait lists. Our own Supreme Court of DON’T HURT LOW-WAGE EARNERS OPTION—CONTROLLING SKY- Canada has stated that patients are ac- (Mr. GOHMERT asked and was given ROCKETING HEALTH CARE tually dying as they wait for care in permission to address the House for 1 COSTS Canada.’’ minute.) (Mr. MURPHY of Connecticut asked Mr. Speaker, this is not the sort of Mr. GOHMERT. I know we have dis- and was given permission to address health care reform that the American agreements on some of these issues and the House for 1 minute.) people want or need. I know what the intent is of the Demo- Mr. MURPHY of Connecticut. Mr. f cratic-proposed health care bill. And I Speaker, yesterday we had the historic know the intent is not to hurt the introduction of our health reform act. MENTAL HEALTH PARITY IN lower-wage earner. But this bill that’s This bill is going to fundamentally im- HEALTH CARE REFORM being proposed is going to hammer em- prove care for Americans, for people (Mr. KENNEDY asked and was given ployers with an 8 percent penalty if that have insurance but also for people permission to address the House for 1 they don’t provide health care. that don’t. minute and to revise and extend his re- Well, so they’re going to turn around Importantly, this legislation includes marks.) and provide health care because the a robust public health insurance op- Mr. KENNEDY. Mr. Speaker, anyone people I know are saying, We’re just tion. The cost of health care insurance ever heard the expression, ‘‘the proof is hanging on. We’ve got these good work- is just too high for people that have it in the pudding’’? Well, when the pri- ers. We don’t want to lose them. So if and businesses that are paying for it, vate health insurance companies found I’m going to be penalized 8 percent, I’ll and the public health insurance option out that there may not be a govern- have to provide health care; but I’m is going to be one of our most effective ment option, you know what happened going to have to reduce their wages by ways to bring the cost of insurance to the health insurance stocks on Wall the amount the health care costs. It down. Street? They went through the roof. may be $5,000 or $6,000. Don’t take my word for it. Take a Profits skyrocketed because, you know And I’m begging my friends on the study by the Commonwealth Fund that why? The health insurance companies other side—this is my plea, Mr. Speak- shows that premiums for individuals make money off of the consumers when er—don’t take $5,000 or $6,000 of wages can be reduced by 25 percent by the they don’t have competition, when from the lowest-wage earners right pressure put on private insurers by a they’re able to cut your health care now. Don’t force small businesses—and public health insurance option. That’s and make profits out of denying you I know there is an exemption at the why studies show that 70 percent to 80 health insurance. That’s how the pri- low end—but smaller businesses are percent of Americans want the option vate marketplace makes money, by de- still going to have to either lay people to purchase a public insurance option nying you health care. They only want off, pay an 8 percent penalty, or take because it will lower their costs, both to cover the healthy and well. wages away. as individuals and as employees of We have the government option, the Don’t hurt our lower-wage workers. businesses throughout this country public option, to guarantee the Amer- f who are paying far too much for health ican people that they get the health care. care that they paid for. * * * HEALTH CARE IN AMERICA Mr. Speaker, I encourage us to take a We’re on the side of the American (Mr. WEINER asked and was given serious look at a very, very important people. We want to protect the people permission to address the House for 1

VerDate Mar 15 2010 14:39 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00003 Fmt 0688 Sfmt 0634 E:\BR09\H15JY9.000 H15JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD July 15, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 13 17835 minute and to revise and extend his re- TAKING CONTROL OF AMERICAN SOLUTIONS FOR marks.) SKYROCKETING COSTS AMERICAN HEALTH Mr. WEINER. You know, I would say (Mrs. DAHLKEMPER asked and was (Ms. WATSON asked and was given to the American people who are watch- given permission to address the House permission to address the House for 1 ing the oncoming debate about health for 1 minute and to revise and extend minute.) care that in many ways we already her remarks.) Ms. WATSON. Mr. Speaker, we ur- know what the two sides are—the Re- Mrs. DAHLKEMPER. Mr. Speaker, gently need to fix the health care sys- public Party, the party that opposed any meaningful attempts to create tem for American families. Every day, the Medicare Act, opposed Social Secu- long-term, sustainable health care re- Americans worry not simply about get- rity, opposed Medicaid. The Republic form must begin by taking control of ting well, but whether they can afford Party has made it very clear they’re our skyrocketing costs. That means we to get the kind of health care they not only the Party of No; they’re the must get serious about combating obe- need. For American businesses, soaring party of ignoring the problems of the sity, a preventable disease that costs middle class and those struggling to health care costs put American compa- make it. this country $117 billion. To that end, I nies at a competitive disadvantage in a The Democratic Party, the party have introduced two pieces of legisla- global economy. For our fiscal future that is producing this legislation, is tion. we have the most expensive health care the party that has again and again The first bill is called the Obesity system in the world. said, We’re going to step up to the Treatment and Wellness Act of 2009, We’re emphasizing cost, choice, secu- challenges facing this country. which addresses the fact that half the rity, and quality. We want a policy Now, if you believe that we are costs associated with obesity are paid that costs less, covers more, and is spending just the right amount, that through Medicare and Medicaid. My quality. Your choice. You have it. If we’re not spending too much money on legislation directs Medicaid to pay for you like it, you keep it. For security health care, you’re alone, because I nutrition counseling, which can effec- and peace of mind, for quality patient- think we’re spending trillions upon tively treat this disease. centered care, we want American solu- trillions of dollars more than we need My second bill, the Healthy Commu- tions for American health. to. If you think that the hundreds of nities Act of 2009, sets up a 5-year pub- billions of dollars people are paying for lic-private community grant program f to encourage a community approach to out-of-pocket is just right, then you MOTION TO ADJOURN probably want the Republic Party’s promoting wellness and fighting obe- plan, which is to do nothing. sity. Mr. GINGREY of Georgia. Mr. Speak- But the Democratic Party under the Mr. Speaker, only when we make er, I move that the House do now ad- leadership of FRANK PALLONE and wellness a major component of our re- journ. Barack Obama and others are saying, form efforts can we expect to get con- The SPEAKER pro tempore. The We’re going to try to solve this prob- trol of costs. I urge my colleagues to question is on the motion to adjourn. lem. You know why? Because that’s join me in this effort to ensure quality, The question was taken; and the what we do. That’s what Democrats do. affordable health care that works for Speaker pro tempore announced that Now the Republic Party doesn’t do all Americans. the noes appeared to have it. that. They say, No, no, no. But we have Mr. GINGREY of Georgia. Mr. Speak- a problem. If you want choice, if you f er, on that I demand the yeas and nays. want affordability, and if you want The yeas and nays were ordered. health care for your family, you’re HIGH-QUALITY, AFFORDABLE The vote was taken by electronic de- going to get it with the Democratic HEALTH CARE CHOICES vice, and there were—yeas 23, nays 361, Party, not with the Republic Party. (Mr. YARMUTH asked and was given not voting 48, as follows: f permission to address the House for 1 [Roll No. 537] SPEND, SPEND, SPEND minute.) YEAS—23 (Mr. WESTMORELAND asked and Mr. YARMUTH. Mr. Speaker, oppo- Bartlett Gingrey (GA) Shadegg nents of health care reform have tried Barton (TX) Gohmert Souder was given permission to address the Blackburn Hensarling for months to attack our efforts to Spratt House for 1 minute and to revise and Broun (GA) Johnson (IL) Thornberry extend his remarks.) bring high-quality, affordable care to Campbell King (IA) Tiahrt Mr. WESTMORELAND. The last all Americans. Their favorite scare tac- Chaffetz Olson Westmoreland Flake Pence Young (AK) speaker just talked about what the Re- tic has been to allege that a public op- Garrett (NJ) Price (GA) tion will somehow lead to a ‘‘govern- publicans want to do. Well, what the NAYS—361 Democrats want to do is spend, spend, ment takeover’’ of health care. This could not be further from the truth. Abercrombie Blunt Capps spend. And I gave a little math lesson Ackerman Boccieri Capuano yesterday, and I’d like to revisit that Under the plan we introduced yester- Aderholt Boehner Carnahan today, Mr. Speaker. day, the CBO projects that just 3 per- Adler (NJ) Bonner Carney You know, we talk about millions of cent of Americans will be enrolled in Akin Boozman Carson (IN) the public plan once it is fully imple- Alexander Boren Carter dollars and we talk about billions of Altmire Boswell Castle dollars and we talk about trillions of mented, hardly a government takeover. Arcuri Boucher Castor (FL) dollars. The more you hear those In fact, the CBO estimates that em- Austria Boustany Chandler words, they just become words, and you ployer-provided plans will have mil- Baca Boyd Clarke Bachmann Brady (PA) Clay don’t realize how much money that is. lions of new enrollees under the legis- Bachus Brady (TX) Cleaver A million seconds equals a little over lation and that most of those Ameri- Baird Braley (IA) Clyburn 11 days. A billion seconds is 31 years cans using the health care exchange Baldwin Bright Coble will choose private insurance for their Barrett (SC) Brown (SC) Coffman (CO) and 8 months. A trillion seconds is Barrow Brown, Corrine Cohen 31,710 years. If I gave you $1,000 a sec- coverage. Bean Brown-Waite, Cole ond, it would take me 31.7 years to give This is a uniquely American solution Becerra Ginny Conaway you $1 trillion at $1,000 a second. that combines the best of the public Berkley Buchanan Connolly (VA) Berman Burgess Cooper We’re not the Party of No. We’re the and private sectors to bring some Berry Burton (IN) Costa party of doing what we can afford. The much-needed competition to the health Biggert Buyer Costello Democrats are the party of throwing care marketplace, giving American Bilbray Calvert Courtney money at any problem that comes families the peace of mind of knowing Bilirakis Camp Crenshaw Bishop (NY) Cantor Crowley about, with no regard to what it’s cost- they will always have high-quality, af- Bishop (UT) Cao Cuellar ing the American taxpayer. fordable health care choices. Blumenauer Capito Culberson

VerDate Mar 15 2010 14:39 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00004 Fmt 0688 Sfmt 0634 E:\BR09\H15JY9.000 H15JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD 17836 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 13 July 15, 2009 Dahlkemper Kissell Poe (TX) NOT VOTING—48 only by a Member designated in the report, Davis (AL) Klein (FL) Polis (CO) Andrews Higgins Rogers (AL) shall be considered as read, shall be debat- Davis (CA) Kline (MN) Pomeroy Bishop (GA) Inslee Ross able for 10 minutes equally divided and con- Davis (IL) Kosmas Posey Bono Mack Israel Ruppersberger trolled by the proponent and an opponent, Davis (KY) Kratovil Price (NC) Butterfield Jackson-Lee Rush Deal (GA) Kucinich and shall not be subject to a demand for divi- Putnam Cardoza (TX) Ryan (OH) DeFazio Lamborn sion of the question in the House or in the Quigley Cassidy Kirk Sa´ nchez, Linda DeGette Lance Committee of the Whole. All points of order Radanovich Childers Larsen (WA) T. Delahunt Langevin Rahall Conyers Lowey Schock against such amendments are waived except DeLauro Larson (CT) Rangel Cummings Mack Schrader those arising under clause 9 or 10 of rule XXI. Latham Dent Rehberg Davis (TN) Marchant Serrano At the conclusion of consideration of the bill Diaz-Balart, L. LaTourette Reichert Dicks McCaul Sestak for amendment the Committee shall rise and Diaz-Balart, M. Latta Reyes Doyle McDermott Smith (NJ) report the bill to the House with such Dingell Lee (CA) Richardson Ehlers McGovern Stark Doggett Lee (NY) amendments as may have been adopted. In Rodriguez Engel McHugh Sutton the case of sundry amendments reported Donnelly (IN) Levin Roe (TN) Gordon (TN) Mollohan Wasserman Dreier Lewis (CA) from the Committee, the question of their Rogers (KY) Grijalva Paul Schultz Driehaus Lewis (GA) Rogers (MI) Gutierrez Platts Young (FL) adoption shall be put to the House en gros Duncan Linder Rohrabacher and without division of the question. The Edwards (MD) Lipinski Rooney b 1054 previous question shall be considered as or- Edwards (TX) LoBiondo Ros-Lehtinen dered on the bill and amendments thereto to Ellison Loebsack Mrs. DAVIS of California and Mr. final passage without intervening motion ex- Ellsworth Lofgren, Zoe Roskam FRANK of Massachusetts changed Rothman (NJ) Emerson Lucas their vote from ‘‘yea’’ to ‘‘nay.’’ cept one motion to recommit with or with- Eshoo Luetkemeyer Roybal-Allard out instructions. Etheridge Luja´ n Royce So the motion to adjourn was re- SEC. 2. After disposition of the amend- Fallin Lummis Ryan (WI) jected. ments specified in the first section of this Farr Lungren, Daniel Salazar The result of the vote was announced resolution, the chair and ranking minority Sanchez, Loretta Fattah E. member of the Committee on Appropriations Sarbanes as above recorded. Filner Lynch or their designees each may offer one pro Fleming Maffei Scalise f Forbes Maloney Schakowsky forma amendment to the bill for the purpose Fortenberry Manzullo Schauer PROVIDING FOR CONSIDERATION of debate, which shall be controlled by the Foster Markey (CO) Schiff OF H.R. 3183, ENERGY AND proponent. Foxx Markey (MA) Schmidt WATER DEVELOPMENT AND RE- SEC. 3. The Chair may entertain a motion Frank (MA) Marshall Schwartz LATED AGENCIES APPROPRIA- that the Committee rise only if offered by Scott (GA) Franks (AZ) Massa TIONS ACT, 2010 the chair of the Committee on Appropria- Frelinghuysen Matheson Scott (VA) tions or his designee. The Chair may not en- Sensenbrenner Fudge Matsui Ms. MATSUI. Mr. Speaker, by direc- tertain a motion to strike out the enacting Gallegly McCarthy (CA) Sessions Gerlach McCarthy (NY) Shea-Porter tion of the Committee on Rules, I call words of the bill (as described in clause 9 of Giffords McClintock Sherman up House Resolution 645 and ask for its rule XVIII). Gonzalez McCollum Shimkus immediate consideration. SEC. 4. During consideration of H.R. 3183, Goodlatte McCotter Shuler The Clerk read the resolution, as fol- the Chair may reduce to two minutes the McHenry Shuster Granger lows: minimum time for electronic voting under Graves McIntyre Simpson clause 6 of rule XVIII and clauses 8 and 9 of Grayson McKeon Sires H. RES. 645 rule XX. Green, Al McMahon Skelton Resolved, That at any time after the adop- SEC. 5. House Resolution 618 is laid on the Green, Gene McMorris Slaughter tion of this resolution the Speaker may, pur- table. Griffith Rodgers Smith (NE) Guthrie McNerney Smith (TX) suant to clause 2(b) of rule XVIII, declare the Hall (NY) Meek (FL) Smith (WA) House resolved into the Committee of the b 1100 Hall (TX) Meeks (NY) Snyder Whole House on the state of the Union for Halvorson Melancon Space consideration of the bill (H.R. 3183) making POINT OF ORDER Hare Mica Speier appropriations for energy and water develop- Mr. FLAKE. Mr. Speaker, I raise a Michaud Harman Stearns ment and related agencies for the fiscal year point of order against consideration of Harper Miller (FL) Stupak ending September 30, 2010, and for other pur- Hastings (FL) Miller (MI) the rule because the resolution violates Sullivan poses. The first reading of the bill shall be Hastings (WA) Miller (NC) Tanner section 426(a) of the Congressional dispensed with. All points of order against Heinrich Miller, Gary Taylor Budget Act. Heller Miller, George consideration of the bill are waived except Teague The resolution contains a waiver of Herger Minnick Terry those arising under clause 9 or 10 of rule XXI. Herseth Sandlin Mitchell Thompson (CA) General debate shall be confined to the bill all points of order against consider- Hill Moore (KS) Thompson (MS) and shall not exceed one hour equally di- ation of the bill, which includes a waiv- Himes Moore (WI) Thompson (PA) vided and controlled by the chair and rank- er of section 425 of the Congressional Hinchey Moran (KS) Tiberi ing minority member of the Committee on Budget Act which causes a violation of Hinojosa Moran (VA) Tierney Hirono Murphy (CT) Appropriations. After general debate the bill section 426(a). Titus shall be considered for amendment under the Hodes Murphy (NY) Tonko The SPEAKER pro tempore. The gen- five-minute rule. The bill shall be considered Hoekstra Murphy, Patrick Towns Holden Murphy, Tim as read through page 63, line 12. Points of tleman from Arizona makes a point of Tsongas order that the resolution violates sec- Holt Murtha Turner order against provisions in the bill for fail- Honda Myrick Upton ure to comply with clause 2 of rule XXI are tion 426(a) of the Congressional Budget Hoyer Nadler (NY) Van Hollen waived. Notwithstanding clause 11 of rule Act of 1974. Hunter Napolitano Vela´ zquez Inglis Neal (MA) XVIII, except as provided in section 2, no The gentleman has met the threshold Visclosky Issa Neugebauer amendment shall be in order except: (1) the burden to identify the specific lan- Walden Jackson (IL) Nunes amendments printed in part A of the report Walz guage in the resolution on which the Jenkins Nye of the Committee on Rules accompanying Wamp point of order is predicated. Such a Johnson (GA) Oberstar this resolution; (2) not to exceed one of the Waters Johnson, E. B. Obey amendments printed in part B of the report point of order shall be disposed of by Johnson, Sam Olver Watson the question of consideration. Watt of the Committee on Rules if offered by Rep- Jones Ortiz The gentleman from Arizona and a Jordan (OH) Pallone Waxman resentative Campbell of California or his des- Kagen Pascrell Weiner ignee; (3) not to exceed six of the amend- Member opposed each will control 10 Kanjorski Pastor (AZ) Welch ments printed in part C of the report of the minutes of debate on the question of Kaptur Paulsen Wexler Committee on Rules if offered by Represent- consideration. Whitfield Kennedy Payne ative Flake of Arizona or his designee; and After that debate, the Chair will put Kildee Perlmutter Wilson (OH) (4) not to exceed three of the amendments Wilson (SC) the question of consideration, to wit: Kilpatrick (MI) Perriello printed in part D of the report of the Com- Kilroy Peters Wittman mittee on Rules if offered by Representative Will the House now consider the resolu- Kind Peterson Wolf tion? King (NY) Petri Woolsey Hensarling of Texas or his designee. Each Kingston Pingree (ME) Wu such amendment may be offered only in the The Chair recognizes the gentleman Kirkpatrick (AZ) Pitts Yarmuth order printed in the report, may be offered from Arizona.

VerDate Mar 15 2010 14:39 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00005 Fmt 0688 Sfmt 0634 E:\BR09\H15JY9.000 H15JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD July 15, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 13 17837 Mr. FLAKE. Mr. Speaker, we are called previously for a motion to ad- This is not unfunded mandates we’re going through an appropriations proc- journ this body. I don’t typically do talking about here. Unfortunately, this ess. We will do two bills this week. Tra- dilatory motions. I think my col- is about the only way we can get time ditionally, appropriations bills have leagues on both sides of the aisle know to actually talk about this rule at suf- been open rules. They come to the that. What, Mr. Speaker, I am trying ficient length. floor. Members are allowed to offer as to say to those who are now in charge As to the way that these appropria- many amendments as they wish—strik- of this body—Speaker PELOSI, Majority tions bills are being shut down for ing funding, moving funding around, Leader HOYER, the chairman of the Members and when the gentlelady said making a policy point. That has been Rules Committee—is, look, as the gen- that this bill should be voted on ac- the tradition of this House. tleman from Arizona has pointed out, cording to its merits, the problem is It is sometimes pointed out that it you have taken away so many opportu- there were dozens and dozens of meri- hasn’t always been this way, that the nities—not, indeed, all of the opportu- torious amendments that were sub- appropriations bills haven’t always nities—for the minority to represent mitted to the Rules Committee. The been open, and that there is no reason their constituencies. Those constitu- fact that they actually had to be sub- why they should be. Yet I would re- encies are close to 700,000 people in all mitted tells us we’ve got some prob- mind the House, Mr. Speaker, that, of our districts across this country, and lems here because, as I mentioned, ap- over the past 20 years, we’ve gotten we don’t have this opportunity, par- propriations bills have traditionally into a practice of loading up and ticularly on these very important ap- been open, but meritorious amend- larding up these appropriations bills propriations bills—on these 12 spending ments have been submitted, and only a with all kinds of congressionally di- bills—which, after all, are probably one few have been allowed. rected spending. of the two most important things that Now, I happen to have six, I believe, The chairman of the Appropriations we as Members of the legislative allowed in this bill, and I know full Committee likes to say that, when he branch are charged constitutionally to well the game here. I offer limitation chaired the Appropriations Committee do year after year after year. amendments on earmarks. The major- in 1992, when the Labor-HHS bill came I commend the majority for wanting ity party knows full well that ear- through, there was not one congres- to get the work done and for wanting marking is a bipartisan addiction and sional earmark, not one. That’s less to have all of that done by the end of that the process of logrolling takes ef- than 20 years ago. There was not one the fiscal year. It’s insanity not to do fect and that my amendments are de- congressional earmark. I think, in the that, but we can do it in an open way, feated routinely. So they can throw me past couple of years, there have been as the gentleman from Arizona has a bone here and there, and that’s fine. upwards of 2,500 earmarks in that bill. pointed out. Going back to the fairness I understand that. Still, we need to In the bill that we’ll address today, the that you all called for when you were raise these issues. Let me tell you why. energy and water bill, there are lit- campaigning so hard in the fall of 2006, This was in the Washington Post erally hundreds of earmarks. you gained the majority, to a large ex- today, and you can look yesterday in Now, one would like to think that Roll Call or in The Hill from the day the Appropriations Committee would tent, on that kind of a platform and on that kind of a pledge. So this is wrong, before. Virtually every day there is a vet these earmarks, would actually news story about earmarks having check them out to see if they’re meet- and this is why we’re making these gone awry. This one in particular talks ing Federal purpose, if money is being points. about defense earmarks, that there are wasted, if it, maybe, looks bad and Mr. FLAKE. Mr. Speaker, I reserve some individuals in the lobbying com- looks like it’s tied to campaign con- the balance of my time. munity and in the defense community tributions or whatever, but they don’t. The SPEAKER pro tempore. The who have pled guilty to taking ear- They don’t have the time or the re- Chair recognizes the gentlewoman from marks from this body and to spreading sources or, perhaps, the inclination to California on the point of order. them around to several contractors do so, so all we have is this forum here Ms. MATSUI. Mr. Speaker, I yield who didn’t do the work that they prom- on the floor. When you bring an appro- myself such time as I may consume. ised to do. Some actually took kick- priations bill to the floor under a Technically, this point of order is closed rule or a restricted rule—a about whether or not to consider this backs for the earmark money they dis- structured rule—and deny Members the rule and, ultimately, the underlying tributed. These were earmarks that ability to offer amendments, then bill. In reality, it is about trying to were supposedly vetted by the Appro- you’ve shut down this place in a way block this bill without any opportunity priations Committee, but we know that that is simply not right. for debate and without any oppor- the Appropriations Committee doesn’t For this bill, there were 103 amend- tunity for an up-or-down vote on the have the time or resources to vet these ments submitted. Now, because you legislation, itself. earmarks. have to pre-file your amendments, a lot I think that is wrong, and I hope my We’re going to be doing a defense ap- of Members will submit more amend- colleagues will vote to consider this propriations bill in just a couple of ments than they intend to offer on the important legislation on its merits and weeks. We’ve allowed one day for that floor just to protect their place. So the not stop it on a procedural motion. bill to be on the floor, and if history majority party knows that we would Those who oppose the bill can vote holds, only a couple of amendments never have offered 103 amendments on against it on final passage. We must will be allowed, particularly amend- the floor. We won’t have time to do it. consider this rule, and we must pass ments to strike earmarks. If on this We have done it in years past, but only this legislation today. floor we are not going challenge these 21 of these remained in order—78 Re- I have the right to close, but in the earmarks, where are we going to do it? publican amendments were submitted, end, I will urge my colleagues to vote They’re not doing it in the Appro- and only 14 were made in order. ‘‘yes’’ so that we can consider the rule priations Committee. From sad experi- The gentleman from Georgia, to and get down to doing the business of ence, we know that. Over the past sev- whom I will yield 3 minutes, has been the American people. eral years, the chairman of the Appro- offering a number of amendments, and Mr. Speaker, I reserve the balance of priations Committee has said they has not been able to have them made in my time. don’t have the time or the resources to order. Mr. FLAKE. May I inquire as to the adequately vet these earmarks, so we I yield 3 minutes to the gentleman time remaining? have two choices. We ought to have from Georgia. The SPEAKER pro tempore. The gen- two choices. Either strike the ear- Mr. GINGREY of Georgia. I thank tleman has 61⁄2 minutes remaining. marks and not bring the bill to the the gentleman for yielding. Mr. FLAKE. Mr. Speaker, I realize floor with congressional earmarks in Mr. Speaker, as my colleagues on that this is an unfunded mandates there or have proper time to vet them both sides of the aisle know, I just point of order that has been raised. on the floor. Or simply say that we’re

VerDate Mar 15 2010 14:39 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00006 Fmt 0688 Sfmt 0634 E:\BR09\H15JY9.000 H15JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD 17838 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 13 July 15, 2009 not going to allow them at all until we alike; and we ought to stand up to the California and up to $58 billion are at get this process fixed. Instead, what institution and say, We think more of risk of flooding in my district alone. we’ve chosen to do is to cover up the this institution than that to have this The Federal investments in this legis- process and to pretend that there is no cloud out there. So I would plead with lation for the Corps of Engineers di- problem here and to simply limit the everyone, Mr. Speaker, to not proceed rectly benefits not only my constitu- number of amendments that can be of- with bills like this which don’t allow ents but the capital of the eighth larg- fered on the floor and hope that nobody Members to offer amendments on the est economy in the world. Vital fund- notices, that nobody sees. floor, the amendments that are meri- ing will strengthen levees along the What happens when nobody sees— torious, that are not trying to slow American and Sacramento Rivers, lev- last year, for example, we weren’t al- down the process. They are simply try- ees which keep my constituents safe lowed to offer any amendments on the ing to improve the bill. every single day. floor. The defense appropriations bill With that, I yield back the balance of The bill also makes it possible for the was offered as part of a ‘‘minibus’’, and my time. Corps of Engineers to complete a GRR no amendments were offered at all. Ms. MATSUI. Mr. Speaker, again I to protect the Natomas community in Then we get stories like this. Let me want to urge my colleagues to vote my district. Additional funds will go just quote one paragraph from this ‘‘yes’’ on this motion to consider so toward levee construction in south story: that we can debate and pass this im- Sacramento, which will give that com- It really puts a fine point on the portant piece of legislation today. munity 100-year protection. These are murky unaccountable web that exists I yield back the balance of my time. projects I have worked on throughout around earmarks, said Steve Ellis of The SPEAKER pro tempore. All time my career in Congress, and I am eager the watchdog group Taxpayers for for debate has expired. to see it move forward. Finally, this Common Sense. These earmarks, be- The question is, Will the House now important appropriations bill will also cause there is very little account- consider the resolution? invest in modifications to the joint ability, provide a petri dish for corrup- The question of consideration was de- Federal project to provide greater effi- tion. cided in the affirmative. ciency in managing flood storage in the Certainly, that is what we’ve seen The SPEAKER pro tempore. The gen- Folsom Reservoir. over the past several years, but we are tlewoman from California is recognized From the joint Federal project in not allowing adequate time on the for 1 hour. Sacramento to the levee work in the floor to vet what will be likely over Ms. MATSUI. For the purpose of de- Mississippi Delta to the coastal res- 1,000 earmarks or close to it—if there bate only, I yield the customary 30 toration in the southeast, this bill are not 1,000, there will be several hun- minutes to the gentleman from Flor- works to protect our communities and dred—in the defense bill that’s going to commits to a strong investment in our ida, my friend Mr. DIAZ-BALART. All be coming up. aging infrastructure. The legislation time yielded during consideration of What is worse is that hundreds of before us today builds on the job-cre- these earmarks that will be in the de- the rule is for debate only. I yield myself as much time as I may ating work of the American Recovery fense bill will be given to companies and Reinvestment Act, which has al- consume. whose executives will turn around and ready started to stem the tide of bad will write large campaign contribu- GENERAL LEAVE economic news. In April, $10 million tions to the sponsor of the earmark in Ms. MATSUI. I also ask unanimous was invested in flood protection infra- the bill. So, essentially, we are ear- consent that all Members have 5 legis- structure in Bucks County, Pennsyl- marking for our campaign contribu- lative days in which to revise and ex- vania. This project alone will create up tors. tend their remarks on House Resolu- to 200 quality American jobs in manu- I think we should all agree that, if tion 645. facturing and construction. In my dis- there are earmarks in this body, they The SPEAKER pro tempore. Is there trict alone, the Recovery Act has in- certainly shouldn’t be going to those objection to the request of the gentle- vested $21 million already in keeping who can turn around and can then woman from California? my constituents’ homes safe from make a campaign contribution directly There was no objection. floods and in keeping people in their back to them. To give a Federal appro- Ms. MATSUI. Mr. Speaker, House jobs. The legislation before us today priation a no-bid contract—and that’s Resolution 645 provides a structured builds upon this positive record of in- what earmarks are, particularly in the rule for consideration of H.R. 3183, the frastructure investment as a job-cre- defense bill, no-bid contracts—to some- Energy and Water Development Appro- ating strategy. It will employ sci- body who can turn around and write a priations Act for fiscal year 2010. The entists to perform hydraulic studies, campaign contribution right back to resolution provides for 1 hour of gen- engineers to design levees and con- you is wrong. eral debate controlled by the Com- struction workers to move the dirt. What makes it doubly wrong is that mittee on Appropriations. now, in the House, we are going to tell When we rebuild our infrastructure, we Mr. Speaker, I first want to thank rebuild our economy. The same is true Members you can’t even challenge Chairman OBEY as well as Mr. PASTOR those earmarks on the floor because for energy. When we invest in energy and Mr. VISCLOSKY for their work on independence, we invest in our eco- we’re going to limit you to three or this bill. They have been tireless advo- four amendments. Choose them. That’s nomic health. I strongly support the cates for vital funding in this legisla- significant energy policies that this it. That, Mr. Speaker, is wrong. We tion which truly meets the needs of a can’t continue to do that. People say bill supports. Thanks to the congres- number of important areas from our sional leadership in this House, our that, outside of the Beltway, nobody water infrastructure to our national cares about process. That may be true, country is finally on the right track energy policies. Specifically, the bill but take it from somebody who was in toward a clean energy future that will provides $5.5 billion for the Corps of the majority and who is now in the mi- create jobs here at home and enhance Engineers, which is $139 million over nority, who is squarely in the minor- our competitiveness abroad. Between 2009 levels. For my constituents, this ity: Bad process yields bad results, and the American Recovery and Reinvest- it will catch up to you sooner or later. funding is more than just numbers. It ment Act and the American Clean En- What is worse is that what we’re doing, is a matter of survival. My district sits ergy and Security Act, this Congress particularly with earmarks in the de- at the confluence of two great rivers, has created a new day for our national fense bill, reflects poorly on this the Sacramento and the American. The energy policy. House. Sacramento is considered to have the The legislation contains $1 billion to highest flood risk of any major metro- reduce our dependence on foreign oil b 1115 politan city in the United States. Al- and keep energy prices low. This fund- The cloud that hangs over this body most a half million people, 110,000 ing will go toward research, develop- rains on Republicans and Democrats structures, the capital of the State of ment, demonstration and deployment

VerDate Mar 15 2010 14:39 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00007 Fmt 0688 Sfmt 0634 E:\BR09\H15JY9.000 H15JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD July 15, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 13 17839 of energy technologies which will help riers will be able to traverse the canal During last week’s Rules Committee our country become more energy inde- and will be looking for new deepwater hearing on the State and Foreign Oper- pendent. When I look to the future of ports to unload their cargo. However, ations appropriations bill, the ranking the world economy, other countries are there are very few ports in the United member of the Appropriations Com- already investing in the clean energy States ready to handle those carriers. mittee, Mr. LEWIS, testified that there technologies that will power the fu- Once Miami reaches the 50-foot depth was still time to undo the majority’s ture. China, for example, doubled its mark, it will be the closest U.S. port to new precedent, restricting the ability wind power investment in 2008 and has the Panama Canal that can handle the of Members to offer amendments to ap- made its intentions clear to become carriers and will serve as a vital entry propriation bills. Mr. LEWIS asked the the world’s leader in wind energy de- point for international trade in and out majority to reconsider the use of struc- velopment. The legislation before us of the United States. The ability of the tured rules on appropriations bills, to today represents a strong step that this Port of Miami to accommodate those return to regular order, to historical House can take to compete with the carriers will double the amount of order, to the tradition of an open de- Chinese. cargo the port is able to handle and bate process on appropriations bills. He This bill also looks toward the future will serve to cement Miami’s position even offered his services to persuade and provides robust funding for both as the trade capital of the Americas. It Members to not offer dilatory amend- the Department of Energy and the Of- will also create numerous high-paying ments, which would hamper the ability fice of Science. It makes a commit- jobs; and it will have an extraordinary of Congress to complete its appropria- ment to support the advancement of impact, obviously, on the local econ- tions work on time, something that innovative technologies by providing omy. both the majority and the minority $2.25 billion for energy efficiency and The Florida Everglades is a great na- wish to accomplish. Ranking Member tional treasure. The Everglades’ com- renewable energy. It also recognizes DREIER of the Rules Committee and I bination of abundant moisture, rich the importance of an efficient, reliable, also offered to help Ranking Member soils and subtropical temperatures tra- secure and flexible transmission and LEWIS rein in any Members who wished ditionally supported a vast array of distribution grid by increasing funding to unnecessarily prolong the debate species. Flood control and reclamation process. I really hoped that the major- for electricity delivery and energy reli- efforts in the 1940s and the 1950s manip- ability to $208 million, 52 percent above ity on the Rules Committee would heed ulated the Everglades’ hydrology, re- Mr. LEWIS’ thoughtful suggestion and last year’s level. Every increase for directing fresh water destined for the clean energy in this bill is a bet on the accept his offer to help move the proc- Everglades out to sea. Its ecosystem ess along if an open debate process was ingenuity of the American people to was also harmed by degraded water compete in a global marketplace where returned to. However, the majority, quality. Pollutants from urban areas once again, blocked the overwhelming clean energy will drive investment for and agricultural run-off, including pes- decades into the future. Just as every majority of Members from both sides of ticides and excess nutrients, have the aisle from having a full oppor- dollar invested in levees and other in- harmed plant and animal populations. frastructure in this bill is a down pay- tunity to debate the bill and represent The Comprehensive Everglades Res- the interests of their constituents. ment on the safety and security of toration Plan, which I strongly sup- communities, like my hometown of port, will capture fresh water destined b 1130 Sacramento, safety and security is for the sea, the lifeblood of the Ever- So, Mr. Speaker, the majority has what the legislation before us today is glades, and direct it back to the eco- not understood the damage it is caus- all about. system to revitalize it. At the same ing this House by closing debate unnec- I strongly support the rule and the time the project will also improve essarily on appropriations bills by underlying legislation, and I urge my water supplies, provide flood control breaking, in effect, two centuries of colleagues to do the same. Mr. Speak- for South Florida and protect wildlife. precedents. It is sad. er, again, I want to thank Mr. OBEY My colleagues in the South Florida I reserve the balance of my time. and the committee for their work on delegation and I have worked closely Ms. MATSUI. Mr. Speaker, I yield 5 this robust bill. with appropriators to secure funding minutes to my friend, the gentleman I reserve the balance of my time. for this important project. I’m thank- from New York, a member of the Com- Mr. LINCOLN DIAZ-BALART of ful to my colleagues, and I am pleased mittee on Rules, Mr. ARCURI. Florida. Mr. Speaker, I would like to the Appropriations Committee agreed Mr. ARCURI. Mr. Speaker, I would thank my friend, the gentlewoman on the importance of this project by like to thank my colleague, the gentle- from California (Ms. MATSUI) for the appropriating $210 million. I would like woman from California, for the cour- time, and I yield myself as much time to thank Chairman PASTOR and Rank- tesy of yielding to me and for her as I may consume. ing Member FRELINGHUYSEN for their strong leadership on the Rules Com- The underlying legislation, the En- bipartisan work on the important un- mittee. ergy-Water Appropriations Act, pro- derlying legislation that we’re bringing Mr. Speaker, I rise today in strong vides over $33.2 billion in funding for to the floor today. support of the rule and H.R. 3183, the critical water projects. It helps to de- While I support the underlying legis- Fiscal Year 2010 Energy and Water De- velop a cleaner, more dependable en- lation, I must oppose the rule by which velopment Appropriations Act. The bill ergy sector that is less dependent on the majority is bringing this bill to the provides much-needed funding to con- unreliable sources of foreign energy. It floor. Last month the majority set a tinue our Federal commitment to also supports our national defense sys- dangerous precedent to limit debate on meeting the infrastructure needs for tem by funding critical weapons and appropriations bills, debate that, his- our Nation. This bill will create jobs nonproliferation programs. The Water torically, was almost always consid- and invest in new technologies, sci- Resources Development Act of 2007, ered under an open rule, an open proc- entific research, and conservation ef- known as WRDA, authorized the deep- ess of debate. Today, Mr. Speaker, we forts. ening of the Miami Harbor to a depth are set to consider the eighth of 12 ap- I also would like to take a moment of 50 feet. The underlying legislation propriations bills, and every bill con- to lend my strong support to Mr. PAS- follows up on that authorization with sidered so far has been considered TOR’s amendment to H.R. 3183, the $600,000 for the planning of the dredg- under a structured rule that severely manager’s amendment. The amend- ing project. Reaching a depth of 50 feet limits the ability of Members from ment provides a critical increase in by the time that the Panama Canal ex- both sides of the aisle to bring amend- funding for the Northern Border Re- pansion is completed in 2014 is of both ments to the floor for debate and for a gional Commission. The 2008 farm bill local and national importance. Once vote and is not in the usual open proce- first authorized the Northern Border the Panama Canal expansion is com- dure which allows every Member to Regional Commission as an inde- plete, a new class of supercargo car- offer their amendments. pendent agency to address the shared

VerDate Mar 15 2010 14:39 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00008 Fmt 0688 Sfmt 0634 E:\BR09\H15JY9.000 H15JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD 17840 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 13 July 15, 2009 economic needs and harness the unique having to go through a totalitarian re- Mr. LINCOLN DIAZ-BALART of assets of the counties along the Na- gime where a small group of people get Florida. Mr. Speaker, I reserve my tion’s northern border from Maine and to place their beliefs at the forefront time. New England through New York. In and prevent discussion. So in the cha- Ms. MATSUI. Mr. Speaker, I want to this region, 13.1 percent of the popu- rade of saying that they are just pro- make a point. lation lives in poverty. The median tecting us from dilatory amendments, This bill makes an investment in nu- household income is $6,500 below the they are using this power to silence us clear power and makes it clear that nu- national average. Unemployment is on substantive amendments. clear energy is a component of the significantly higher than the national Let me give you my example about overall energy mix. The bill provides average; and the region actually lost why I stand here today expressing my $812 million for nuclear, $20 million population between 1990 and 2000, while frustration at the heavy-handedness of above the fiscal year 2009 level, and $51 the overall population of the United the majority. I believe that our coun- million above the President’s request. States rose by 13.2 percent. try is in jeopardy of not having enough Support is provided for existing activi- The region shares many common eco- energy to power our economy in the fu- ties funded in fiscal year 2009 and en- nomic challenges stemming from rel- ture. If we look at the electricity that sures this area is included in our fund- ative geographic isolation, aging infra- needs to be generated in the future, we ing priorities. structure, and a loss of natural re- have to build well over 230 gigabytes of And with that, I reserve my time. source-based industry that has histori- new energy over the next 30 years. Mr. LINCOLN DIAZ-BALART of cally been an economic engine. How- Let me put that in perspective. Most Florida. Mr. Speaker, I yield 3 minutes ever, at the same time, the region also power plants are 500 megabits. So this to the distinguished gentleman from has a common set of assets, not the is 450 to 460 new power plants. If we Louisiana (Mr. SCALISE). least of which is expansive natural want clean, reliable and affordable en- Mr. SCALISE. I thank the gentleman beauty and resources, as well as his- ergy for this country to power our from Florida for yielding, Mr. Speaker. toric and geographic ties. economy, we have to open ourselves to I rise in opposition to this rule be- The commission utilizes the same nuclear power. We can’t access Yucca cause 80 percent of the amendments model that has successfully enabled Mountain. That has been shut down. that were brought forward on this bill the Appalachian Regional Commission But the rest of the world recycles their were not allowed under this rule. And to facilitate a ‘‘bottom-up’’ approach nuclear waste and power rods. We do so clearly we are not operating under a where local development districts, not- not in this country. transparent process. We are not oper- for-profit organizations and others I had an amendment that I felt very ating under a process that is allowing bring project ideas and priorities to the strongly about that increased for our the free debate that I think all Ameri- commission from the local level. national laboratories funding specifi- cans want us to have on appropriations The regional commission model helps cally to research recycling tech- bills that spend their money. foster improved collaboration and co- nologies that can be used at our nu- First, there were some amendments ordination within the region and clear power plants to continue to recy- that were brought forward that would among Federal and State agencies, cle their materials, as they are being have actually directed the Corps of En- while also serving as a vehicle to lever- recycled. Not only is this energy effi- gineers to base their flood protection age additional public and private sec- cient, but wise and efficient use of decisions on the most safe options to tor investments. By taking a regional these nuclear rods, which also means protect our citizens and their property view, the commission can promote that we have solved our waste issue, from future storms. That amendment projects that confer a broader benefit not totally making Yucca Mountain ir- was not allowed under this rule. There without States having to compete relevant, but certainly making it—— was actually an amendment to cut, and among themselves for scarce funds for The SPEAKER pro tempore. The I know it is a word that some people the region. time of the gentleman has expired. don’t like over in this building, to cut I thank the committee for their hard Mr. LINCOLN DIAZ-BALART of spending by $7 billion based on the work to see that the Northern Border Florida. I yield the gentleman 1 addi- amount of money that was added in the Regional Commission receives the tional minute. stimulus bill. funding necessary to make the com- Mr. TERRY. Thank you. But cer- I think many of us, on this side for mission a reality for this region. I tainly putting us on a path where we sure, and I would hope some of my col- thank my colleagues from the region, can use nuclear power as clean, afford- leagues on the other side, would even Representatives MICHAUD, PINGREE, able energy without the necessity of acknowledge that the President’s stim- HODES, SHEA-PORTER, WELCH and my Yucca Mountain being opened today. ulus bill was a failed spending bill, $800 New York colleague, JOHN MCHUGH, for For some reason, in our Energy and billion of new Government spending at their continued efforts to establish and Commerce Committee, every one of our a time when our economy is hurting. secure funding for the Northern Border nuclear amendments was shut down And now even the Vice President ac- Regional Commission. and voted against. And now we have a knowledges they misread the economy. I urge my colleagues to support the Rules Committee that is preventing Everybody I think that has looked at manager’s amendment and vote for the nuclear power amendments. it objectively acknowledges the spend- rule and for H.R. 3183. I don’t understand. I am at a com- ing bill was a bad idea. Those of us who Mr. LINCOLN DIAZ-BALART of plete loss why the majority wants to voted against it said it would be a bad Florida. Mr. Speaker, I yield 3 minutes shut down nuclear power when it is the idea and hurt the economy then. That to the distinguished gentleman from cleanest power we can have, the most is why we proposed an alternative. Yet Nebraska (Mr. TERRY). reliable and the most affordable. That this steamroller to just continue Mr. TERRY. Mr. Speaker, I appre- is where our future lies. We can replace spending money out of control went on, ciate this opportunity to express my old coal-fired plants with clean, new and they passed the bill. dissatisfaction with this rule. This is nuclear and produce twice the energy. There was an amendment that was my 11th year here, my 11th appropria- But for some reason, the majority proposed that would have cut that $7 tions season, and it is the first time wants to shut this down. billion in this Department that went where substantive, real discussions This rule proves that they are shut- through the stimulus bill that clearly have been prevented. I am extremely ting down nuclear power, or at least isn’t working. Instead of controlling disturbed at this rule, as all previous stepping up and making sure that we the spending and allowing a vote on rules this year on appropriations. aren’t going to have more nuclear that, that was ruled out of order under In years past, if we had a substantive, power in the future. So I ask my col- this rule. meritorious amendment, we were al- leagues who are pro-nuclear and pro- All of us that have looked and said, lowed to bring it to the floor without energy to vote ‘‘no’’ on this rule. where are the jobs from the spending

VerDate Mar 15 2010 14:39 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00009 Fmt 0688 Sfmt 0634 E:\BR09\H15JY9.000 H15JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD July 15, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 13 17841 bill, that stimulus bill, no one can exceeded $1 trillion in deficits during regard to the ongoing water struggle point to the jobs, because we have lost the course of a fiscal year. It was al- between our States. It arbitrarily jobs. Since President Obama took of- ready exceeded this week, and we still prioritizes this particular study and di- fice, 2 million more Americans have have months to go in the fiscal year. verts resources away from the Corps of lost their job. And what is their an- So this is going to have a devastating Engineers that are needed in order to swer? You would think their answer effect on our economy, this massive complete the much-needed water con- would be, Maybe some of those Repub- runaway spending. And yet they bring trol plans. licans that had some alternative ideas a rule that closes debate on 80 percent And for that reason, since the amend- might have been right; we will actually of amendments. ment was not allowed by the Rules work in a bipartisan way and go talk I would urge rejection of this rule. Committee, I rise in objection to this to them and see what their ideas were Ms. MATSUI. Mr. Speaker, I want to rule before the body today. because they were good ideas that make a point. Ms. MATSUI. Mr. Speaker, I reserve. would have helped small businesses and Infrastructure spending on public Mr. LINCOLN DIAZ-BALART of helped American families get back on safety projects in this bill will save Florida. Mr. Speaker, I would like to their feet. Instead, these ideas were jobs across America. thank my good friend, Mrs. MATSUI, discarded. Maybe they would go back Infrastructure spending is also smart once again for her courtesy, and I want and look at those ideas again. investment, exactly the kind of smart to thank all of my distinguished col- Instead, some people in the White investment the American people want leagues who have participated in this House are actually suggesting a second this Congress to be making at this dif- debate on the rule bringing forward to stimulus bill, yet another massive ficult point in our history. the floor the appropriations bill, the spending bill at a time when the spend- The American Society of Civil Engi- Energy and Water appropriations bill. I was particularly impressed by the ing is what is hurting our economy. neers estimates levee construction pro- arguments brought forth by LEE TERRY And so we bring an amendment to cut vides a 6-to-1 return on flood damages who explained—and I wasn’t aware of spending, and they rule it out of order prevented when compared to initial in- it—how, in the authorizing committee, in this rule. vestment cost. At the same time, our and, quite frankly, then the Appropria- Maybe Speaker PELOSI and some of country’s levees are crumbling and tions Committee, there have been sys- her liberal lieutenants think that the putting public health at risk. tematic attempts to limit, close down American people aren’t watching, and Now is exactly the time to invest in debate, really, on developing, encour- maybe they are high-fiving because this critical public good. With that, I reserve my time. aging in a serious, comprehensive way they are hoodwinking people into not Mr. LINCOLN DIAZ-BALART of nuclear power for the Nation. knowing what is going on here in this Florida. Mr. Speaker, I yield 2 minutes It reminded me of what I consider an House. to the distinguished gentleman from unfortunate aspect of the dogma of the But I hate to tell them, the American Georgia, Mr. NATHAN DEAL. left of the United States. Curious is people are watching, and they don’t Mr. DEAL of Georgia. I thank the their opposition to nuclear power. Not like what they see. They see massive gentleman. necessarily is that the case with the runaway spending. They see more jobs Mr. Speaker, I rise today in opposi- left everywhere. In France, for exam- being lost. They see this energy bill, tion to the rule. ple, where about 80 percent of elec- this cap-and-trade energy tax that The reason is that my colleagues and tricity is generated from nuclear would run millions of jobs to countries I from Georgia offered an amendment power, governments of the left and the like China, causing more Americans to that was not accepted in the Rules right. President Mitterand was a be unemployed and raising utility rates Committee. The amendment would strong supporter of nuclear power, as on every American family. have prohibited funds in this act from obviously was President Giscard, and The American people are watching being made available to be used to up- then President Chirac, and now Presi- this. And they are demanding action date the calculation of the critical dent Sarkozy. Left and right in France from Congress. That is why we are yield of the Federal projects within the have seen the critical importance of bringing these amendments to cut the ACF and the ACT river basins before developing nuclear power and the im- spending. the development of updated water con- portance of reprocessing, which was The SPEAKER pro tempore. The trol plans for the Federal projects what LEE TERRY was talking about, time of the gentleman has expired. within these river basins. that ever since the Carter years here Mr. LINCOLN DIAZ-BALART of b 1145 we have limited, we have excluded, in Florida. I yield the gentleman 1 addi- effect, that option. tional minute. The reason for the amendment was So we’re at a point now where we Mr. SCALISE. I want to thank my that language was included in the spend so much—we use so much im- friend from Florida again. That is why other body’s version of this bill which ported oil in this country to generate we are bringing these amendments. We requested that the critical yield up- electricity. That’s insane when there is are bringing constructive ideas to solve dates be accomplished before the water a clean option, nuclear power, which the problems of our country and to pro- control manuals themselves. The fact requires reprocessing in order to be pose different approaches, not massive is that these control manuals need to really effective, as demonstrated in spending, but actually ways to get be completed first by the Corps before France. And yet the dogma of the Americans back employed, ways to the critical yield studies can be fin- American left on that issue curiously help small businesses survive during ished. This is an important study and does not make that option possible. these tough times, ways to help middle therefore should be done properly. Let me ask, how much time do I have class families who are struggling to get Although the critical yield updates remaining, Mr. Speaker? back on their feet. And every time we are a necessary part of the manual up- The SPEAKER pro tempore. The gen- bring these proposals, the liberal lead- dates, they do not provide any under- tleman has 91⁄2 minutes remaining. ership on the other side says, no, we standing of how water is currently Mr. LINCOLN DIAZ-BALART of don’t want to hear those alternative being allocated or how the Federal Florida. I yield such time as he may ideas; we want to just keep spending projects may best be managed. The consume to the gentleman from Ten- money like there is no end in sight. Corps of Engineers must be allowed to nessee (Mr. WAMP). Well, there is an end in sight. And if determine the critical yield under ap- Mr. WAMP. I just want to add to the you look just earlier this week, we propriate conditions, and our amend- gentleman’s comments on this impor- reached a hurdle that I don’t think is a ment would have made sure that they tant issue of nuclear and its absence, good hurdle, I don’t think anyone were able to do that. really, in any impactful way in the leg- should be proud of, but it is a historic This language that is inserted in the islation that comes before the House hurdle. Earlier this week, our country bill by the other body is not mutual in today.

VerDate Mar 15 2010 14:39 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00010 Fmt 0688 Sfmt 0634 E:\BR09\H15JY9.000 H15JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD 17842 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 13 July 15, 2009 Our country built its first 100 nuclear debate on appropriations bills. If we do amendment has caused it to be printed in the reactors in less than 20 years. Today, not do so, I believe the majority will portion of the Congressional Record des- we know so much more about this par- come to regret their decision to close ignated for that purpose in clause 8 of rule XVIII. Amendments so printed shall be con- ticular industry. We are so much more down the deliberative process of the sidered as read. When the committee rises technologically advanced. Without House on appropriations bills. and reports the bill back to the House with question, we could build a hundred nu- Mr. Speaker, I ask unanimous con- a recommendation that the bill do pass, the clear reactors in the next 20 years, and sent to insert the text of my amend- previous question shall be considered as or- we would lead the world in this par- ment and extraneous materials imme- dered on the bill and amendments thereto to ticular energy technology again. diately prior to the vote on the pre- final passage without intervening motion ex- And it’s troubling because, like the vious question. cept one motion to recommit with or with- gentleman, I’ve been all over the world The SPEAKER pro tempore. Is there out instructions. and all of these other countries look objection to the request of the gen- (The information contained herein was back and say, Why wouldn’t the United tleman from Florida? provided by Democratic Minority on mul- States, like Japan and like France, There was no objection. tiple occasions throughout the 109th Con- take a lead on nuclear again so that Mr. LINCOLN DIAZ-BALART of gress) they can show leadership on the reduc- Florida. I yield back the balance of my THE VOTE ON THE PREVIOUS QUESTION: WHAT tion of carbon and this issue of climate time. IT REALLY MEANS change? That’s the logical big step that Ms. MATSUI. Mr. Speaker, I yield This vote, the vote on whether to order the we could take as a Nation. Yet many of myself the remainder of my time. previous question on a special rule, is not the people who oppose coal in this body The rule before us today is a fair rule merely a procedural vote. A vote against or- that allows us to highlight a signifi- dering the previous question is a vote also oppose nuclear, and you cannot against the Democratic majority agenda and possibly achieve their own stated goals cant appropriations bill. After seven a vote to allow the opposition, at least for without it. hearings, the Appropriations Sub- the moment, to offer an alternative plan. It And we could do this. Talking about committee on Energy and Water craft- is a vote about what the House should be de- jobs and a stimulus, that should be ed an important bill that brings our bating. step one, is a bold nuclear agenda spending priorities in line with Amer- Mr. Clarence Cannon’s Precedents of the where we reprocess the spent fuel, turn ica’s vision for a brighter tomorrow. House of Representatives, (VI, 308–311) de- The bill before us invests in new scribes the vote on the previous question on 80 percent of it back into energy, and the rule as ‘‘a motion to direct or control the lead the world in the energy tech- technologies, scientific research and consideration of the subject before the House nology opportunities and industry in conservation efforts. It increases fund- being made by the Member in charge.’’ To the world. The best chance for success ing for the Army Corps of Engineers defeat the previous question is to give the is nuclear, yet it’s not advanced near and the Bureau of Reclamation allow- opposition a chance to decide the subject be- enough in this legislation. ing them to continue their mission to fore the House. Cannon cites the Speaker’s Mr. LINCOLN DIAZ-BALART of improve our water infrastructure. ruling of January 13, 1920, to the effect that The bill continues to invest in the de- ‘‘the refusal of the House to sustain the de- Florida. I yield myself the remainder mand for the previous question passes the of my time. velopment of a new smart grid to en- control of the resolution to the opposition’’ It is a pillar of thought of the Amer- sure electricity delivery and energy re- in order to offer an amendment. On March ican left’s opposition to nuclear power. liability, and it makes a commitment 15, 1909, a member of the majority party of- I think it’s evident. And the American to renewable energy and scientific re- fered a rule resolution. The House defeated left controls the leadership of this Con- search. The bill also continues ongoing the previous question and a member of the gress, and it’s unfortunate, as Mr. nuclear nonproliferation efforts and re- opposition rose to a parliamentary inquiry, asking who was entitled to recognition. WAMP pointed out, because, and as I jects funding for the development of a new nuclear weapon. Speaker Joseph G. Cannon (R–Illinois) said: tried to point out earlier, in other ‘‘The previous question having been refused, countries left and right agree on the Mr. Speaker, I urge a ‘‘yes’’ vote on the gentleman from New York, Mr. Fitz- importance of nuclear power. It’s clean the previous question and on the rule. gerald, who had asked the gentleman to energy that is available, readily avail- The material previously referred to yield to him for an amendment, is entitled to able, and safe to reduce dependence on by Mr. LINCOLN DIAZ-BALART of Florida the first recognition.’’ oil immediately. is as follows: Because the vote today may look bad for the Democratic majority they will say ‘‘the Alternative sources are being devel- AMENDMENT TO H. RES. 645 OFFERED BY MR. vote on the previous question is simply a LINCOLN DIAZ-BALART OF FLORIDA oped, and they’re important. But in vote on whether to proceed to an immediate terms of the significant substitution of Strike the resolved clause and all that fol- vote on adopting the resolution . . . [and] oil with new sources, clean and reliable lows and insert the following: has no substantive legislative or policy im- sources of energy, there is nothing Resolved, That immediately upon the adop- plications whatsoever.’’ But that is not what that’s available that can be more im- tion of this resolution the Speaker shall, they have always said. Listen to the defini- pursuant to clause 2(b) of rule XVIII, declare tion of the previous question used in the pacted or more effective than nuclear the House resolved into the Committee of power. So it’s a curiosity. Floor Procedures Manual published by the the Whole House on the state of the Union Rules Committee in the 109th Congress, As a student, I studied comparative for consideration of the bill (H.R. 3183) mak- (page 56). Here’s how the Rules Committee politics, comparative law. As a student ing appropriations for energy and water de- described the rule using information from of the left and the right in many coun- velopment and related agencies for the fiscal Congressional Quarterly’s ‘‘American Con- tries, I find it curious as to why it is, year ending September 30, 2010, and for other gressional Dictionary’’: ‘‘If the previous because it is evidently a pillar of purposes. The first reading of the bill shall question is defeated, control of debate shifts thought of the American left—opposi- be dispensed with. All points of order against to the leading opposition member (usually consideration of the bill are waived except the minority Floor Manager) who then man- tion to nuclear power—but it’s a fact. those arising under clause 9 or 10 of rule XXI. I will be asking for a ‘‘no’’ on the pre- ages an hour of debate and may offer a ger- General debate shall be confined to the bill mane amendment to the pending business.’’ vious question, Mr. Speaker, so we can and shall not exceed one hour equally di- Deschler’s Procedure in the U.S. House of amend this rule so we can allow an vided and controlled by the chairman and Representatives, the subchapter titled open process. There is no question that ranking minority member of the Committee ‘‘Amending Special Rules’’ states: ‘‘a refusal the rules the majority bring forth on Appropriations. After general debate the to order the previous question on such a rule today will help to cement the dan- bill shall be considered for amendment under [a special rule reported from the Committee gerous precedent that it set last the five-minute rule. Points of order against on Rules] opens the resolution to amend- month. It will further damage biparti- provisions in the bill for failure to comply ment and further debate.’’ (Chapter 21, sec- with clause 2 of rule XXI are waived. During tion 21.2) Section 21.3 continues: Upon rejec- sanship and comity in this body. consideration of the bill for amendment, the tion of the motion for the previous question I urge my colleagues to vote ‘‘no’’ on Chairman of the Committee of the Whole on a resolution reported from the Committee the previous question so we can uphold may accord priority in recognition on the on Rules, control shifts to the Member lead- our tradition of allowing free and open basis of whether the Member offering an ing the opposition to the previous question,

VerDate Mar 15 2010 14:39 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00011 Fmt 0688 Sfmt 0634 E:\BR09\H15JY9.000 H15JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD July 15, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 13 17843 who may offer a proper amendment or mo- Meek (FL) Price (NC) Space NOT VOTING—18 Meeks (NY) Quigley Speier tion and who controls the time for debate Bachus Green, Al McGovern Michaud Rahall Spratt thereon.’’ Cassidy Higgins McIntyre Clearly, the vote on the previous question Miller (NC) Rangel Stark Conyers Hinojosa Schrader Miller, George Reyes Stupak on a rule does have substantive policy impli- Engel Issa Sestak Mitchell Richardson Sutton cations. It is one of the only available tools Gerlach Levin Waxman Mollohan Rodriguez Tanner Gordon (TN) Lynch Young (FL) for those who oppose the Democratic major- Moore (KS) Ross Taylor ity’s agenda and allows those with alter- Moore (WI) Rothman (NJ) Teague ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE native views the opportunity to offer an al- Moran (VA) Roybal-Allard Thompson (CA) The SPEAKER pro tempore (during ternative plan. Murphy (CT) Ruppersberger Thompson (MS) the vote). There are 2 minutes remain- Murphy (NY) Rush Tierney Ms. MATSUI. I yield back the bal- Murphy, Patrick Ryan (OH) Titus ing in the vote. ance of my time, and I move the pre- Murtha Salazar Tonko vious question on the resolution. Nadler (NY) Sa´ nchez, Linda Towns b 1220 The SPEAKER pro tempore. The Napolitano T. Tsongas Mr. COLE changed his vote from Neal (MA) Sanchez, Loretta Van Hollen question is on ordering the previous Oberstar Sarbanes Vela´ zquez ‘‘yea’’ to ‘‘nay.’’ question. Obey Schakowsky Visclosky So the previous question was ordered. The question was taken; and the Olver Schauer Walz The result of the vote was announced Speaker pro tempore announced that Ortiz Schiff Wasserman as above recorded. Pallone Schwartz Schultz the ayes appeared to have it. Pascrell Scott (GA) Waters Stated for: Mr. LINCOLN DIAZ-BALART of Pastor (AZ) Scott (VA) Watson Mr. AL GREEN of Texas. Mr. Speaker, Florida. Mr. Speaker, on that I demand Payne Serrano Watt today I was unavoidably delayed and missed the yeas and nays. Perlmutter Shea-Porter Weiner the vote on Motion on Ordering the Previous Perriello Sherman Welch The yeas and nays were ordered. Peters Sires Wexler Question on the Rule for H.R. 3183—Energy The SPEAKER pro tempore. Pursu- Peterson Skelton Wilson (OH) and Water Development and Related Agen- ant to clause 8 and clause 9 of rule XX, Pingree (ME) Slaughter Woolsey cies Appropriations Act, 2010 (H. Res. 645). this 15-minute vote on ordering the Polis (CO) Smith (WA) Wu Had I been present I would have voted Pomeroy Snyder Yarmuth previous question will be followed by 5- ‘‘yea’’ on this vote. minute votes on: NAYS—177 Mr. MCINTYRE. Mr. Speaker, on rollcall No. 538, I was unavoidably detained. Had I been adoption of H. Res. 645, if ordered; Aderholt Gallegly Murphy, Tim and Akin Garrett (NJ) Myrick present, I would have voted ‘‘yea.’’ motions to suspend the rules on H.R. Alexander Gingrey (GA) Neugebauer The SPEAKER pro tempore. The Austria Gohmert Nunes question is on the resolution. 1044, H.R. 934, and H.R. 762. Bachmann Goodlatte Nye The vote was taken by electronic de- Barrett (SC) Granger Olson The question was taken; and the vice, and there were—yeas 237, nays Bartlett Graves Paul Speaker pro tempore announced that 177, not voting 18, as follows: Barton (TX) Guthrie Paulsen the ayes appeared to have it. Biggert Hall (TX) Pence Mr. LINCOLN DIAZ-BALART of [Roll No. 538] Bilbray Harper Petri Bilirakis Hastings (WA) Pitts Florida. Mr. Speaker, on that I demand YEAS—237 Bishop (UT) Heller Platts the yeas and nays. Abercrombie Cuellar Holden Blackburn Hensarling Poe (TX) The yeas and nays were ordered. Ackerman Cummings Holt Blunt Herger Posey Adler (NJ) Dahlkemper Honda Boehner Hill Price (GA) The SPEAKER pro tempore. This is a Altmire Davis (AL) Hoyer Bonner Hunter Putnam 5-minute vote. Andrews Davis (CA) Inslee Bono Mack Inglis Radanovich The vote was taken by electronic de- Arcuri Davis (IL) Israel Boozman Jenkins Rehberg vice, and there were—yeas 238, nays Baca Davis (TN) Jackson (IL) Boustany Johnson (IL) Reichert Baird DeFazio Jackson-Lee Brady (TX) Johnson, Sam Roe (TN) 185, not voting 9, as follows: Baldwin DeGette (TX) Broun (GA) Jones Rogers (AL) [Roll No. 539] Barrow Delahunt Johnson (GA) Brown (SC) Jordan (OH) Rogers (KY) Bean DeLauro Johnson, E. B. Brown-Waite, King (IA) Rogers (MI) YEAS—238 Becerra Dicks Kagen Ginny King (NY) Rohrabacher Abercrombie Clay Giffords Berkley Dingell Kanjorski Buchanan Kingston Rooney Ackerman Cleaver Gonzalez Berman Doggett Kaptur Burgess Kirk Ros-Lehtinen Adler (NJ) Clyburn Grayson Berry Donnelly (IN) Kennedy Burton (IN) Kline (MN) Roskam Altmire Cohen Green, Al Bishop (GA) Doyle Kildee Buyer Lamborn Royce Andrews Connolly (VA) Green, Gene Bishop (NY) Driehaus Kilpatrick (MI) Calvert Lance Ryan (WI) Arcuri Cooper Griffith Blumenauer Edwards (MD) Kilroy Camp Latham Scalise Baca Costa Grijalva Boccieri Edwards (TX) Kind Campbell LaTourette Schmidt Baird Costello Gutierrez Boren Ellison Kirkpatrick (AZ) Cantor Latta Schock Baldwin Courtney Hall (NY) Boswell Ellsworth Kissell Cao Lee (NY) Sensenbrenner Barrow Crowley Halvorson Boucher Eshoo Klein (FL) Capito Lewis (CA) Sessions Bean Cummings Hare Boyd Etheridge Kosmas Carter Linder Shadegg Becerra Dahlkemper Harman Brady (PA) Farr Kratovil Castle LoBiondo Shimkus Berkley Davis (AL) Hastings (FL) Braley (IA) Fattah Kucinich Chaffetz Lucas Shuler Berman Davis (CA) Heinrich Bright Filner Langevin Coble Luetkemeyer Shuster Berry Davis (IL) Herseth Sandlin Brown, Corrine Foster Larsen (WA) Coffman (CO) Lummis Simpson Bishop (GA) Davis (TN) Higgins Butterfield Frank (MA) Larson (CT) Cole Lungren, Daniel Smith (NE) Bishop (NY) DeFazio Himes Capps Fudge Lee (CA) Conaway E. Smith (NJ) Blumenauer DeGette Hinchey Capuano Giffords Lewis (GA) Crenshaw Mack Smith (TX) Boccieri Delahunt Hinojosa Cardoza Gonzalez Lipinski Culberson Manzullo Souder Boren DeLauro Hirono Carnahan Grayson Loebsack Davis (KY) Marchant Stearns Boswell Dicks Hodes Carney Green, Gene Lofgren, Zoe Deal (GA) McCarthy (CA) Sullivan Boucher Dingell Holden Carson (IN) Griffith Lowey Dent McCaul Terry Boyd Doggett Holt Castor (FL) Grijalva Luja´ n Diaz-Balart, L. McClintock Thompson (PA) Brady (PA) Donnelly (IN) Honda Chandler Gutierrez Maffei Diaz-Balart, M. McCotter Thornberry Braley (IA) Doyle Hoyer Childers Hall (NY) Maloney Dreier McHenry Tiahrt Brown, Corrine Driehaus Inslee Clarke Halvorson Markey (CO) Duncan McHugh Tiberi Butterfield Edwards (MD) Israel Clay Hare Markey (MA) Ehlers McKeon Turner Capps Edwards (TX) Jackson (IL) Cleaver Harman Marshall Emerson McMorris Upton Capuano Ellison Jackson-Lee Clyburn Hastings (FL) Massa Fallin Rodgers Walden Cardoza Eshoo (TX) Cohen Heinrich Matheson Flake Melancon Wamp Carnahan Etheridge Johnson (GA) Connolly (VA) Herseth Sandlin Matsui Fleming Mica Westmoreland Carney Farr Johnson, E. B. Cooper Himes McCarthy (NY) Forbes Miller (FL) Whitfield Carson (IN) Fattah Kagen Costa Hinchey McCollum Fortenberry Miller (MI) Wilson (SC) Castor (FL) Filner Kanjorski Costello Hirono McDermott Foxx Miller, Gary Wittman Chandler Foster Kaptur Courtney Hodes McMahon Franks (AZ) Minnick Wolf Childers Frank (MA) Kennedy Crowley Hoekstra McNerney Frelinghuysen Moran (KS) Young (AK) Clarke Fudge Kildee

VerDate Mar 15 2010 14:39 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00012 Fmt 0688 Sfmt 0634 E:\BR09\H15JY9.000 H15JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD 17844 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 13 July 15, 2009 Kilpatrick (MI) Moran (VA) Scott (GA) Rogers (AL) Shadegg Thornberry Davis (AL) Jordan (OH) Neugebauer Kilroy Murphy (CT) Scott (VA) Rogers (KY) Shimkus Tiahrt Davis (CA) Kagen Nunes Kind Murphy, Patrick Serrano Rogers (MI) Shuler Tiberi Davis (IL) Kanjorski Nye Kirkpatrick (AZ) Murtha Shea-Porter Rohrabacher Shuster Turner Davis (KY) Kaptur Oberstar Kissell Nadler (NY) Sherman Rooney Simpson Upton Davis (TN) Kennedy Obey Klein (FL) Napolitano Sires Ros-Lehtinen Smith (NE) Walden Deal (GA) Kildee Olson Kosmas Neal (MA) Skelton Roskam Smith (NJ) Wamp DeFazio Kilpatrick (MI) Olver Kucinich Oberstar Slaughter Royce Smith (TX) Westmoreland DeGette Kilroy Ortiz Ryan (WI) Snyder Delahunt Kind Pallone Langevin Obey Smith (WA) Whitfield Scalise Souder DeLauro King (IA) Pascrell Larsen (WA) Olver Space Wilson (SC) Larson (CT) Ortiz Schmidt Stearns Dent King (NY) Pastor (AZ) Speier Wittman Lee (CA) Pallone Schock Sullivan Diaz-Balart, L. Kingston Paulsen Spratt Wolf Lewis (GA) Pascrell Sensenbrenner Terry Diaz-Balart, M. Kirk Payne Stark Young (AK) Lipinski Pastor (AZ) Sessions Thompson (PA) Dicks Kirkpatrick (AZ) Pence Stupak Dingell Kissell Perlmutter Loebsack Payne NOT VOTING—9 Lofgren, Zoe Perlmutter Sutton Doggett Klein (FL) Perriello Lowey Perriello Tanner Cassidy Engel Schrader Donnelly (IN) Kline (MN) Peters Luja´ n Peters Taylor Conyers Gordon (TN) Sestak Doyle Kosmas Peterson Lynch Peterson Teague Cuellar Levin Young (FL) Dreier Kratovil Petri Maffei Pingree (ME) Thompson (CA) Driehaus Kucinich Pingree (ME) Maloney Polis (CO) Thompson (MS) ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Duncan Lamborn Pitts Markey (CO) Pomeroy Tierney The SPEAKER pro tempore (during Edwards (MD) Lance Platts Markey (MA) Price (NC) Titus Edwards (TX) Langevin Poe (TX) the vote). There are 2 minutes remain- Ehlers Larsen (WA) Polis (CO) Marshall Quigley Tonko ing in the vote. Massa Rahall Towns Ellison Larson (CT) Pomeroy Matheson Rangel Tsongas Ellsworth Latham Posey Matsui Reyes Van Hollen b 1228 Emerson LaTourette Price (GA) Eshoo Latta Price (NC) McCarthy (NY) Richardson Vela´ zquez So the resolution was agreed to. Etheridge Lee (CA) Putnam McCollum Rodriguez Visclosky McDermott Ross The result of the vote was announced Fallin Lee (NY) Quigley Walz Farr Lewis (CA) Radanovich McGovern Rothman (NJ) Wasserman as above recorded. McIntyre Roybal-Allard Fattah Lewis (GA) Rahall Schultz A motion to reconsider was laid on Filner Linder Rangel McMahon Ruppersberger Waters McNerney Rush the table. Fleming Lipinski Rehberg Watson Meek (FL) Ryan (OH) Forbes LoBiondo Reichert Watt Meeks (NY) Salazar f Fortenberry Loebsack Reyes Michaud Sa´ nchez, Linda Waxman Foster Lofgren, Zoe Richardson Miller (NC) T. Weiner PORT CHICAGO NAVAL MAGAZINE Foxx Lowey Rodriguez Miller, George Sanchez, Loretta Welch NATIONAL MEMORIAL ENHANCE- Frank (MA) Lucas Roe (TN) Minnick Sarbanes Wexler Franks (AZ) Luetkemeyer Rogers (AL) MENT ACT OF 2009 ´ Mitchell Schakowsky Wilson (OH) Frelinghuysen Lujan Rogers (KY) Mollohan Schauer Woolsey The SPEAKER pro tempore. The un- Fudge Lummis Rogers (MI) Gallegly Lungren, Daniel Rohrabacher Moore (KS) Schiff Wu finished business is the vote on the mo- Moore (WI) Schwartz Yarmuth Garrett (NJ) E. Rooney tion to suspend the rules and pass the Gerlach Lynch Ros-Lehtinen NAYS—185 bill, H.R. 1044, as amended, on which Giffords Mack Roskam Gingrey (GA) Maffei Ross Aderholt Diaz-Balart, M. Latta the yeas and nays were ordered. Gohmert Maloney Rothman (NJ) Akin Dreier Lee (NY) The Clerk read the title of the bill. Gonzalez Manzullo Roybal-Allard Alexander Duncan Lewis (CA) The SPEAKER pro tempore. The Goodlatte Marchant Royce Austria Ehlers Linder question is on the motion offered by Granger Markey (CO) Ruppersberger Bachmann Ellsworth LoBiondo Graves Markey (MA) Rush Bachus Emerson Lucas the gentlewoman from Guam (Ms. Grayson Marshall Ryan (OH) Barrett (SC) Fallin Luetkemeyer BORDALLO) that the House suspend the Green, Al Massa Ryan (WI) Bartlett Flake Lummis rules and pass the bill, H.R. 1044, as Green, Gene Matheson Salazar Barton (TX) Fleming Lungren, Daniel Griffith Matsui Sa´ nchez, Linda Biggert Forbes E. amended. Grijalva McCarthy (CA) T. Bilbray Fortenberry Mack This is a 5-minute vote. Guthrie McClintock Sanchez, Loretta Bilirakis Foxx Manzullo The vote was taken by electronic de- Gutierrez McCollum Sarbanes Bishop (UT) Franks (AZ) Marchant vice, and there were—yeas 415, nays 3, Hall (NY) McCotter Scalise Blackburn Frelinghuysen McCarthy (CA) Hall (TX) McDermott Schakowsky Blunt Gallegly McCaul not voting 14, as follows: Halvorson McGovern Schauer Boehner Garrett (NJ) McClintock [Roll No. 540] Hare McHenry Schiff Bonner Gerlach McCotter Harman McHugh Schmidt Bono Mack Gingrey (GA) McHenry YEAS—415 Harper McIntyre Schock Boozman Gohmert McHugh Abercrombie Blumenauer Capuano Hastings (FL) McKeon Schwartz Boustany Goodlatte McKeon Ackerman Blunt Cardoza Hastings (WA) McMahon Scott (GA) Brady (TX) Granger McMorris Aderholt Boccieri Carnahan Heinrich McMorris Scott (VA) Bright Graves Rodgers Adler (NJ) Boehner Carney Heller Rodgers Sensenbrenner Broun (GA) Guthrie Melancon Akin Bonner Carson (IN) Hensarling McNerney Serrano Brown (SC) Hall (TX) Mica Alexander Bono Mack Carter Herger Meek (FL) Sessions Brown-Waite, Harper Miller (FL) Altmire Boozman Castle Herseth Sandlin Meeks (NY) Shadegg Ginny Hastings (WA) Miller (MI) Andrews Boren Castor (FL) Higgins Melancon Shea-Porter Buchanan Heller Miller, Gary Arcuri Boswell Chaffetz Hill Mica Sherman Burgess Hensarling Moran (KS) Austria Boucher Chandler Himes Michaud Shimkus Burton (IN) Herger Murphy (NY) Baca Boustany Childers Hinchey Miller (FL) Shuler Buyer Hill Murphy, Tim Bachmann Boyd Clarke Hinojosa Miller (MI) Shuster Calvert Hoekstra Myrick Bachus Brady (PA) Clay Hirono Miller (NC) Simpson Camp Hunter Neugebauer Baird Brady (TX) Cleaver Hodes Miller, Gary Sires Campbell Inglis Nunes Baldwin Braley (IA) Clyburn Hoekstra Miller, George Skelton Cantor Issa Nye Barrett (SC) Bright Coble Holden Minnick Slaughter Cao Jenkins Olson Barrow Brown (SC) Coffman (CO) Holt Mitchell Smith (NE) Capito Johnson (IL) Paul Bartlett Brown, Corrine Cohen Honda Mollohan Smith (NJ) Carter Johnson, Sam Paulsen Barton (TX) Brown-Waite, Cole Hoyer Moore (KS) Smith (TX) Castle Jones Pence Bean Ginny Conaway Hunter Moore (WI) Smith (WA) Chaffetz Jordan (OH) Petri Becerra Buchanan Connolly (VA) Inglis Moran (KS) Snyder Coble King (IA) Pitts Berkley Burgess Cooper Israel Moran (VA) Souder Coffman (CO) King (NY) Platts Berman Burton (IN) Costa Issa Murphy (CT) Space Cole Kingston Poe (TX) Berry Butterfield Costello Jackson (IL) Murphy (NY) Speier Conaway Kirk Posey Biggert Buyer Courtney Jackson-Lee Murphy, Patrick Spratt Crenshaw Kline (MN) Price (GA) Bilbray Calvert Crenshaw (TX) Murphy, Tim Stark Culberson Kratovil Putnam Bilirakis Camp Crowley Jenkins Murtha Stearns Davis (KY) Lamborn Radanovich Bishop (GA) Campbell Cuellar Johnson (GA) Myrick Stupak Deal (GA) Lance Rehberg Bishop (NY) Cantor Culberson Johnson (IL) Nadler (NY) Sullivan Dent Latham Reichert Bishop (UT) Cao Cummings Johnson, Sam Napolitano Sutton Diaz-Balart, L. LaTourette Roe (TN) Blackburn Capito Dahlkemper Jones Neal (MA) Tanner

VerDate Mar 15 2010 14:39 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00013 Fmt 0688 Sfmt 0634 E:\BR09\H15JY9.000 H15JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD July 15, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 13 17845 Teague Upton Welch Carter Heller McMorris Scott (VA) Stark Visclosky Terry Van Hollen Westmoreland Cassidy Hensarling Rodgers Sensenbrenner Stearns Walden Thompson (CA) Vela´ zquez Wexler Castle Herger McNerney Serrano Stupak Walz Thompson (MS) Visclosky Whitfield Castor (FL) Herseth Sandlin Meek (FL) Sessions Sullivan Wamp Thompson (PA) Walden Wilson (OH) Chaffetz Higgins Meeks (NY) Shadegg Sutton Wasserman Thornberry Walz Wilson (SC) Chandler Hill Melancon Shea-Porter Tanner Schultz Tiahrt Wamp Wittman Childers Himes Mica Sherman Teague Waters Tiberi Wasserman Wolf Clarke Hinchey Michaud Shimkus Terry Watson Tierney Schultz Clay Miller (FL) Shuler Thompson (CA) Watt Woolsey Hinojosa Titus Waters Cleaver Miller (MI) Shuster Thompson (MS) Waxman Wu Hirono Tonko Watson Clyburn Miller (NC) Simpson Thompson (PA) Weiner Yarmuth Hodes Towns Watt Coble Hoekstra Miller, Gary Sires Thornberry Welch Young (AK) Tsongas Waxman Coffman (CO) Holden Miller, George Skelton Tiahrt Westmoreland Turner Weiner Cohen Holt Minnick Slaughter Tiberi Wexler Cole Mitchell Smith (NE) Tierney Whitfield NAYS—3 Hoyer Conaway Hunter Mollohan Smith (NJ) Titus Wilson (OH) Broun (GA) Flake Paul Connolly (VA) Inglis Moore (KS) Smith (TX) Tonko Wilson (SC) Cooper Inslee Moore (WI) Smith (WA) Towns Wittman NOT VOTING—14 Costa Israel Moran (KS) Snyder Tsongas Wolf Capps Inslee Schrader Costello Issa Moran (VA) Souder Turner Woolsey Cassidy Johnson, E. B. Sestak Courtney Jackson (IL) Murphy (CT) Space Upton Wu Conyers Levin Taylor Crenshaw Jackson-Lee Murphy (NY) Speier Van Hollen Yarmuth Crowley Murphy, Patrick Spratt Vela´ zquez Young (AK) Engel McCarthy (NY) Young (FL) (TX) Cuellar Murphy, Tim Gordon (TN) McCaul Jenkins NOT VOTING—16 Culberson Johnson (GA) Murtha ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Cummings Johnson (IL) Myrick Berkley Honda Schrader The SPEAKER pro tempore (during Dahlkemper Johnson, Sam Nadler (NY) Berman Johnson, E. B. Sestak Davis (AL) Napolitano the vote). There are 2 minutes remain- Jones Capps Levin Taylor Davis (CA) Jordan (OH) Neal (MA) Conyers McCarthy (NY) Young (FL) ing in the vote. Davis (IL) Kagen Neugebauer Engel McCaul Davis (KY) Kanjorski Nunes Gordon (TN) Ryan (OH) Davis (TN) b 1235 Kaptur Nye Deal (GA) Oberstar ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Kennedy Mr. FLAKE changed his vote from DeFazio Obey Kildee The SPEAKER pro tempore (during DeGette Olson ‘‘yea’’ to ‘‘nay.’’ Kilpatrick (MI) Delahunt Olver the vote). There are 2 minutes remain- So (two-thirds being in the affirma- Kilroy DeLauro Ortiz ing in the vote. Kind tive) the rules were suspended and the Dent Pallone King (IA) Diaz-Balart, L. Pascrell bill, as amended, was agreed to. King (NY) b 1242 Diaz-Balart, M. Pastor (AZ) The result of the vote was announced Kingston Dicks Paul So (two-thirds being in the affirma- Kirk as above recorded. Dingell Paulsen tive) the rules were suspended and the Kirkpatrick (AZ) A motion to reconsider was laid on Doggett Payne bill, as amended, was passed. the table. Donnelly (IN) Kissell Pence Doyle Klein (FL) Perlmutter The result of the vote was announced Kline (MN) f Dreier Perriello as above recorded. Driehaus Kosmas Peters Kratovil A motion to reconsider was laid on NORTHERN MARIANA ISLANDS Duncan Peterson the table. Edwards (MD) Kucinich Petri SUBMERGED LAND CONVEYANCE Edwards (TX) Lamborn Pingree (ME) Lance f The SPEAKER pro tempore. The un- Ehlers Pitts Ellison Langevin Platts finished business is the vote on the mo- Ellsworth Larsen (WA) Poe (TX) VALIDATING NEVADA LANDS tion to suspend the rules and pass the Emerson Larson (CT) Polis (CO) TRANSFER bill, H.R. 934, as amended, on which the Eshoo Latham Pomeroy Etheridge LaTourette Posey The SPEAKER pro tempore. The un- yeas and nays were ordered. Fallin Latta Price (GA) finished business is the vote on the mo- The Clerk read the title of the bill. Farr Lee (CA) Price (NC) tion to suspend the rules and pass the Lee (NY) The SPEAKER pro tempore. The Fattah Putnam bill, H.R. 762, on which the yeas and question is on the motion offered by Filner Lewis (CA) Quigley Flake Lewis (GA) Radanovich nays were ordered. the gentlewoman from Guam (Ms. Fleming Linder Rahall The Clerk read the title of the bill. BORDALLO) that the House suspend the Forbes Lipinski Rangel The SPEAKER pro tempore. The rules and pass the bill, H.R. 934, as Fortenberry LoBiondo Rehberg Foster Loebsack Reichert question is on the motion offered by amended. Foxx Lofgren, Zoe Reyes the gentlewoman from Guam (Ms. This will be a 5-minute vote. Frank (MA) Lowey Richardson BORDALLO) that the House suspend the The vote was taken by electronic de- Franks (AZ) Lucas Rodriguez rules and pass the bill, H.R. 762. vice, and there were—yeas 416, nays 0, Frelinghuysen Luetkemeyer Roe (TN) Fudge Luja´ n Rogers (AL) This will be a 5-minute vote. not voting 16, as follows: Gallegly Lummis Rogers (KY) The vote was taken by electronic de- [Roll No. 541] Garrett (NJ) Lungren, Daniel Rogers (MI) vice, and there were—yeas 413, nays 0, Gerlach E. Rohrabacher YEAS—416 Giffords Lynch Rooney not voting 19, as follows: Abercrombie Biggert Bright Gingrey (GA) Mack Ros-Lehtinen [Roll No. 542] Ackerman Bilbray Broun (GA) Gohmert Maffei Roskam Aderholt Bilirakis Brown (SC) Gonzalez Maloney Ross YEAS—413 Adler (NJ) Bishop (GA) Brown, Corrine Goodlatte Manzullo Rothman (NJ) Abercrombie Bean Boren Akin Bishop (NY) Brown-Waite, Granger Marchant Roybal-Allard Ackerman Becerra Boswell Alexander Bishop (UT) Ginny Graves Markey (CO) Royce Aderholt Berkley Boucher Altmire Blackburn Buchanan Grayson Markey (MA) Ruppersberger Adler (NJ) Berman Boustany Andrews Blumenauer Burgess Green, Al Marshall Rush Akin Berry Boyd Arcuri Blunt Burton (IN) Green, Gene Massa Ryan (WI) Alexander Biggert Brady (PA) Austria Boccieri Butterfield Griffith Matheson Salazar Altmire Bilbray Brady (TX) Baca Boehner Buyer Grijalva Matsui Sa´ nchez, Linda Andrews Bilirakis Braley (IA) Bachmann Bonner Calvert Guthrie McCarthy (CA) T. Arcuri Bishop (GA) Bright Bachus Bono Mack Camp Gutierrez McClintock Sanchez, Loretta Austria Bishop (NY) Broun (GA) Baird Boozman Campbell Hall (NY) McCollum Sarbanes Baca Bishop (UT) Brown (SC) Baldwin Boren Cantor Hall (TX) McCotter Scalise Bachmann Blackburn Brown, Corrine Barrett (SC) Boswell Cao Halvorson McDermott Schakowsky Bachus Blumenauer Buchanan Barrow Boucher Capito Hare McGovern Schauer Baird Blunt Burgess Bartlett Boustany Capuano Harman McHenry Schiff Baldwin Boccieri Burton (IN) Barton (TX) Boyd Cardoza Harper McHugh Schmidt Barrett (SC) Boehner Butterfield Bean Brady (PA) Carnahan Hastings (FL) McIntyre Schock Barrow Bonner Buyer Becerra Brady (TX) Carney Hastings (WA) McKeon Schwartz Bartlett Bono Mack Calvert Berry Braley (IA) Carson (IN) Heinrich McMahon Scott (GA) Barton (TX) Boozman Camp

VerDate Mar 15 2010 14:39 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00014 Fmt 0688 Sfmt 0634 E:\BR09\H15JY9.000 H15JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD 17846 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 13 July 15, 2009 Campbell Hare McGovern Schmidt Speier Vela´ zquez There was no objection. Cantor Harman McHenry Schock Spratt Visclosky Cao Harper McHugh Schwartz Stark Walden f Capito Hastings (FL) McIntyre Scott (GA) Stearns Walz ENERGY AND WATER DEVELOP- Capuano Hastings (WA) McKeon Scott (VA) Stupak Wamp Cardoza Heinrich McMahon Sensenbrenner Sullivan Wasserman MENT AND RELATED AGENCIES Carnahan Heller McMorris Serrano Sutton Schultz APPROPRIATIONS ACT, 2010 Carney Hensarling Rodgers Sessions Tanner Watson Carson (IN) Herger McNerney Shadegg Taylor The SPEAKER pro tempore. Pursu- Watt Carter Herseth Sandlin Meek (FL) Shea-Porter Teague Waxman ant to House Resolution 645 and rule Cassidy Higgins Meeks (NY) Sherman Terry XVIII, the Chair declares the House in Castle Hill Melancon Shimkus Thompson (CA) Weiner Castor (FL) Himes Mica Shuler Thompson (MS) Welch the Committee of the Whole House on Chaffetz Hinchey Michaud Shuster Thompson (PA) Westmoreland the state of the Union for the consider- Chandler Hinojosa Miller (FL) Simpson Thornberry Wexler ation of the bill, H.R. 3183. Childers Hirono Miller (MI) Sires Tiahrt Whitfield Clarke Hodes Miller (NC) Skelton Tiberi Wilson (OH) b 1248 Clay Hoekstra Miller, Gary Slaughter Tierney Wilson (SC) Cleaver Holden Minnick Smith (NE) Titus Wittman IN THE COMMITTEE OF THE WHOLE Clyburn Holt Mitchell Smith (NJ) Tonko Wolf Accordingly, the House resolved Coble Honda Mollohan Smith (TX) Towns Woolsey itself into the Committee of the Whole Coffman (CO) Hoyer Moore (KS) Smith (WA) Tsongas Wu House on the state of the Union for the Cohen Hunter Moore (WI) Snyder Turner Yarmuth Cole Inglis Moran (KS) Souder Upton Young (AK) consideration of the bill (H.R. 3183) Conaway Inslee Moran (VA) Space Van Hollen making appropriations for energy and Connolly (VA) Israel Murphy (CT) Cooper Issa Murphy (NY) NOT VOTING—19 water development and related agen- Costa Jackson (IL) Murphy, Patrick Brown-Waite, Engel Pitts cies for the fiscal year ending Sep- Costello Jackson-Lee Murphy, Tim Ginny Gordon (TN) Roybal-Allard tember 30, 2010, and for other purposes, Courtney (TX) Murtha Capps Johnson, E. B. Schrader with Mr. TIERNEY in the chair. Crowley Jenkins Myrick Conyers Levin Sestak The Clerk read the title of the bill. Cuellar Johnson (GA) Nadler (NY) Crenshaw McCarthy (NY) Waters Culberson Johnson (IL) Napolitano Davis (IL) McCaul Young (FL) The CHAIR. Pursuant to the rule, the Cummings Johnson, Sam Neal (MA) Delahunt Miller, George bill is considered read the first time. Dahlkemper Jones Neugebauer Davis (AL) Jordan (OH) Nunes ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE The gentleman from Arizona (Mr. PAS- Davis (CA) Kagen Nye The SPEAKER pro tempore (during TOR) and the gentleman from New Jer- Davis (KY) Kanjorski Oberstar the vote). There are 2 minutes remain- sey (Mr. FRELINGHUYSEN) each will con- Davis (TN) Kaptur Obey trol 30 minutes. Deal (GA) Kennedy Olson ing. DeFazio Kildee Olver The Chair recognizes the gentleman DeGette Kilpatrick (MI) Ortiz b 1248 from Arizona. DeLauro Kilroy Pallone So (two-thirds being in the affirma- Mr. PASTOR of Arizona. I yield my- Dent Kind Pascrell Diaz-Balart, L. King (IA) Pastor (AZ) tive) the rules were suspended and the self such time as I may consume. Diaz-Balart, M. King (NY) Paul bill was passed. Mr. Chairman, it is, indeed, a privi- Dicks Kingston Paulsen The result of the vote was announced lege to submit to the House for its con- Dingell Kirk Payne sideration H.R. 3183, the Energy and Doggett Kirkpatrick (AZ) Pence as above recorded. Donnelly (IN) Kissell Perlmutter A motion to reconsider was laid on Water Development Appropriations bill Doyle Klein (FL) Perriello the table. for fiscal year 2010. The Appropriations Dreier Kline (MN) Peters f Committee approved this bill unani- Driehaus Kosmas Peterson mously by a voice vote on July 8. This Duncan Kratovil Petri PERSONAL EXPLANATION Edwards (MD) Kucinich Pingree (ME) is a good bill that merits the support of Edwards (TX) Lamborn Platts Mrs. CAPPS. Mr. Speaker, I was not able to the entire House. Ehlers Lance Poe (TX) I thank all of the members of the En- Ellison Langevin Polis (CO) be present for the following rollcall votes on Ellsworth Larsen (WA) Pomeroy July 15, 2009, and would like the RECORD to ergy and Water Development Sub- Emerson Larson (CT) Posey reflect that I would have voted as follows: Roll- committee for their help in bringing Eshoo Latham Price (GA) call No. 540: ‘‘yea’’; rollcall No. 541: ‘‘yea’’; this bill to the floor today. This has Etheridge LaTourette Price (NC) Fallin Latta Putnam rollcall No. 542: ‘‘yea.’’ been a challenging year with our ex- Farr Lee (CA) Quigley f tremely compressed schedule, and I ap- Fattah Lee (NY) Radanovich preciate our Members’ attention and Filner Lewis (CA) Rahall PERSONAL EXPLANATION participation in this accelerated proc- Flake Lewis (GA) Rangel Fleming Linder Rehberg Mr. LEVIN. Mr. Speaker, I was unavoidably ess. Forbes Lipinski Reichert absent earlier today attending a meeting at the I particularly want to thank the Fortenberry LoBiondo Reyes White House and was therefore not present ranking member—my dear friend, the Foster Loebsack Richardson Foxx Lofgren, Zoe Rodriguez during rollcall votes 538 to 542. Had I been gentleman from New Jersey (Mr. Frank (MA) Lowey Roe (TN) present, I would have voted ‘‘yea’’ on rollcall FRELINGHUYSEN)—for his extraordinary Franks (AZ) Lucas Rogers (AL) vote 538 to order the previous question on H. cooperation, insight and friendship. Frelinghuysen Luetkemeyer Rogers (KY) Res. 645, ‘‘yea’’ on rollcall vote 539 on agree- Mr. Chairman, this is a bipartisan Fudge Luja´ n Rogers (MI) Gallegly Lummis Rohrabacher ing to H. Res. 645, ‘‘yea’’ on rollcall vote 540 bill that represents the fair and bal- Garrett (NJ) Lungren, Daniel Rooney to approve H.R. 1044, ‘‘yea’’ on rollcall vote anced treatment of competing prior- Gerlach E. Ros-Lehtinen 541 to approve H.R. 934, and ‘‘yea’’ on rollcall ities. This is the way our constituents Giffords Lynch Roskam Gingrey (GA) Mack Ross vote 542 to pass H.R. 762. expect their Representatives to work Gohmert Maffei Rothman (NJ) f together, and I am proud of this bipar- Gonzalez Maloney Royce tisan process. Goodlatte Manzullo Ruppersberger GENERAL LEAVE I also would like to thank the chair- Granger Marchant Rush Graves Markey (CO) Ryan (OH) Mr. PASTOR of Arizona. Mr. Speak- man of the Appropriations Committee, Grayson Markey (MA) Ryan (WI) er, I ask unanimous consent that all Mr. OBEY, and the ranking member, Green, Al Marshall Salazar Members may have 5 legislative days Mr. LEWIS, for their support. Green, Gene Massa Sa´ nchez, Linda Griffith Matheson T. within which to revise and extend their I was given this assignment 3 weeks Grijalva Matsui Sanchez, Loretta remarks and to include extraneous ma- ago, and without the great work of the Guthrie McCarthy (CA) Sarbanes terial on H.R. 3183. subcommittee staff, we would not be Gutierrez McClintock Scalise The SPEAKER pro tempore. Is there here today. So, today, this afternoon, I Hall (NY) McCollum Schakowsky Hall (TX) McCotter Schauer objection to the request of the gen- want to thank the staff of the sub- Halvorson McDermott Schiff tleman from Arizona? committee: the Clerk, Taunja

VerDate Mar 15 2010 14:39 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00015 Fmt 0688 Sfmt 0634 E:\BR09\H15JY9.000 H15JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD July 15, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 13 17847 Berquam; Robert Sherman; Joseph nuclear materials and accelerating the the protection of our nuclear stockpile. Levin; James Windle; Casey Pearce; deployment of systems to detect such Thus, it is worthy of debate and Rob Blair; and Kevin Jones. They materials at border crossing points and amendment on the House floor. worked many hours and through the ports; b 1300 weekends to get this bill today on the improving the security of our weap- floor. ons by upgrading the protection of our The bill was preceded by the Amer- I would also like to thank Richard facilities as well as improving the ican Recovery and Reinvestment Act, Patrick, from my office, and Ms. Nancy training and equipment of the Protec- which gave more than $44 billion to the Fox and Ms. Katie Hazlett of Mr. tive Force; agencies under our jurisdiction. In fact, FRELINGHUYSEN’s office. insisting that the President submit nearly $39 billion alone went to the De- I want to acknowledge our agency to Congress a nuclear weapons strategy partment of Energy. The Department detailee, Lauren Minto from the Corps and a nuclear complex transformation has nearly one-and-a-half times more of Engineers, for her assistance, talent plan before Congress will consider money to manage even before we con- and knowledge in putting this bill and funding a new nuclear warhead; sider this annual appropriations bill, so report together. investing in dam safety, flood protec- our bill cannot be viewed simply These people have formed a great tion, hydropower modernization and through the traditional lens of annual team, and without their work, we infrastructure that is essential to wa- appropriations. With the passage of the would not be here today. I have to terborne commerce on our coasts, riv- stimulus bill, Secretary Chu and his thank them again because their sup- ers and inland lakes, which is essential new team assumed new roles as major port has been invaluable. to the safety of our citizens and our grant managers and accountants for Mr. Chairman, this bill provides economy; and billions of dollars for new Federal and funding to address critical issues that saving taxpayer dollars by improving State programs and hundreds of new affect our Nation’s security and pros- management of agency programs, espe- employees. perity—from Addressing high gas cially at the Department of Energy. Mr. Chairman, I am pleased that we prices, our energy crisis and climate This bill provides adequate funds to were able to improve upon the adminis- change to advancing science and inno- meet the priority needs of the House. It tration’s request in several ways. For vation, to preventing nuclear prolifera- funds the most worthwhile projects and example, the legislation before us in- tion, to encouraging effective project programs near requested levels, and it creases the budget request by over $400 management, and to investing in our reduces some programs that are less million for the Army Corps of Engi- Nation’s flood control and water infra- valuable or less urgent. I urge my col- neers, enabling us to address more structure projects. leagues of the House to support it. water needs across our country. The The total funding for energy and Mr. Chairman, I reserve the balance Army Corps projects touch virtually water development in fiscal year 2010 is of my time. every congressional district; and I $33.3 billion. This funding amount is a Mr. FRELINGHUYSEN. I yield my- know Mr. PASTOR and I highly respect decrease of $1.1 billion from the budget self as much time as I may consume. the interests of all Members who, request, and it is roughly equal to the Mr. Chairman, I rise in support of the knowing their district needs, have current fiscal year. While the bill is Energy and Water Development Appro- sought some assistance; and we’ve done below the budget request, the primary priations bill for fiscal year 2010. This our best to accommodate them. Our reason for this difference is a Congres- is a good bill because it is a significant recommendation increases research sional Budget Office score of $1.5 bil- improvement over the administration’s and development for both renewable lion for the Department of Energy’s budget request, and it was put together energy and nuclear power while sup- budget request for the Innovative Loan in a very bipartisan manner. porting clean coal initiatives and other Guarantee Program. The bill provides Before I turn to the contents of the technologies, such as geothermal, $406 million above the budget request legislation before us, like Mr. PASTOR, solar, fusion and wind power. I am ex- in program scope. I would like to thank the fantastic ceptionally pleased that our bill keeps This bill made a concerted effort to staff—Taunja Berquam, the Clerk; Bob the Department on track for the Next cut lower priority programs and to Sherman; Joe Levin; Jim Windle; Generation Nuclear Plant program. apply the cuts to higher priority ef- Casey Pearce; and Lauren Minto. On There are some areas that I would forts. These spending cuts include 18 the minority side, I would like to have done a bit differently, of course. activities, totaling $2.5 billion below thank Rob Blair and Kevin Jones. In Not surprisingly, I would have pre- the President’s request. my personal office, I would like to ferred to have done more to reverse the Given the wide-ranging scope of thank Katie Hazlett and Nancy Fox. In administration’s decision to terminate issues in this legislation that are crit- Mr. PASTOR’s personal office, I would the Yucca Mountain repository in Ne- ical to our Nation’s well-being, I set like to thank Rick Patrick. All of vada, where we have spent over $11 bil- forth the following priorities to ensure these individuals have worked tire- lion of taxpayer and rate payer mon- that our tax dollars will be spent wise- lessly to put together the product be- eys—in fact, $7 billion of rate payer ly and effectively. These priorities in- fore us. moneys—with little apparent return. clude: No one has worked harder than Mr. We still have tons of waste to dispose addressing high gas prices, reducing PASTOR, and I want to thank Mr. PAS- of and to protect. The bill before us our dependence on foreign oil, and con- TOR for his friendship and for his lead- does contain the administration’s sig- fronting the energy crisis through in- ership and guidance on this bill. The nificant cut to the program, and I am creased investment in alternative, do- gentleman from Arizona is a pleasure deeply concerned that this basically mestic transportation fuels and new to work with. I thank him for his lead- political decision will be followed by vehicle technologies; ership and for his assistance. others trumping future scientific rec- addressing climate change with Mr. Chairman, the subcommittee’s ommendations and judgments. How- sound investments in carbon sequestra- recommendation totals $33.82 billion, ever, our bill directs $70 million to en- tion, low-emission energy technologies, which is $1.1 billion below the Presi- sure that the questions raised during and science research; dent’s request and $200 million over the the Yucca license application process modernizing the energy sector fiscal year 2000 enacted level. While the can be answered; and it requires that through the research and development dollar amounts are significant, the funding for the President’s suggested of renewable energy sources, efficient issues contained in this bill are at the Blue Ribbon Panel is only available for energy technologies, and novel electric core of our Nation’s economic pros- a review, which includes all alter- grid technologies; perity and national security, especially natives, including Yucca Mountain. I confronting the terrorist nuclear the energy portfolio, and our historic think this is the only way future re- threat by increasing the protection of responsibility for the reliability and view could be credible.

VerDate Mar 15 2010 14:39 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00016 Fmt 0688 Sfmt 0634 E:\BR09\H15JY9.000 H15JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD 17848 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 13 July 15, 2009 I would also have preferred much nuclear, hydroelectric, solar, wind, oil- Mr. HASTINGS of Washington. Mr. more support for nuclear power here in or gas-based, fuel cell or fusion. That Chairman, I rise to enter into a col- the United States and the greater traditional right to amend our appro- loquy with the distinguished chairman availability of nuclear loan guarantees. priations has been severely curtailed of the subcommittee, Mr. PASTOR. Given what China and other nations by the House leadership. Our appro- Mr. Chairman, Hanford is the world’s are doing to build new nuclear power priations bill affects virtually every largest nuclear cleanup site. The plants, we could produce much more part of our economy, the household wastes at Hanford are a result of our electricity ourselves while adding budgets of every American family and Nation’s nuclear weapons production American jobs, which we need if the ad- job prospects for thousands, and the program that secured our victories in ministration as well as House and Sen- thought that renewables alone are World War II and the Cold War. Han- ate majority leadership were more sup- going to give us energy independence ford cleanup cannot sustain continued portive. American companies are work- is, of course, on its face, absurd. reductions without jeopardizing ing abroad building nuclear power Before I close though, I’d like, on a progress, breaking existing legally plants while we dither here. The Presi- positive note, to thank the Army Corps binding commitments to the State and dent and congressional leadership ap- of Engineers, both military and civil- increasing long-term costs to tax- pear to have a strong bias against nu- ian who, as we gather here today, con- payers. Achieving cleanup progress re- clear power as well as oil and gas pro- tinue to do their remarkable work in quires steady, stable, adequate funding duction, which will leave our Nation dangerous territory in Iraq and Af- each year for all projects at Hanford, severely disadvantaged. Energy-inten- ghanistan. We thank them for their including the tank farms, the waste sive industries, like what is left of our courage, their work and their profes- treatment plant, groundwater protec- American manufacturing base, will no sionalism. Mr. Chairman, again I’d like tion, and the River Corridor project, longer be able to compete with nations to thank Vice Chairman PASTOR for his which is responsible for stopping con- who are making nuclear and other leadership. Despite my unhappiness taminants from reaching the Columbia types of capital investments a priority, about the energy policy issues I have River, shrinking the site by 95 percent, and they’re not subjecting themselves discussed, I intend to support the bill. and represents the highest priority to self-imposed cap-and-trade emis- I reserve the balance of my time. work for Hanford’s Richland Oper- sions reductions. Our lack of investing Mr. PASTOR of Arizona. Mr. Chair- ations office. I appreciate Mr. PASTOR’s in nuclear power, so well illustrated in man, I yield 2 minutes to the chairman attention to this issue and assistance the recent passage of the so-called of the Appropriations Committee, the in making adjustments as this bill American Clean Energy and Security gentleman from Wisconsin (Mr. OBEY). went through the committee process. Act, is a gift that keeps on giving to Mr. OBEY. Mr. Chairman, I want to These adjustments are a step in the our economic competitors China and congratulate both Mr. PASTOR and Mr. right direction and will have a mean- India, whose economies are already FRELINGHUYSEN for an excellent bill. ingful impact at Hanford, with full sucking away U.S. jobs at an alarming They are both first-rate legislators, funding provided for the Office of River rate. and I think this bill is a very effective Protection. We also improved that portion of the and reasonable response to the prob- I would like to ask Mr. PASTOR for a committee’s jurisdiction that involves lems with which it deals. I think it’s, commitment to continue to work with nuclear weapons activities, not to pro- most clearly, a bipartisan product as me as the final Energy and Water bill mote more nuclear weapons, but to well, and I appreciate that. is developed. provide more funds to reduce the weap- I also appreciate the fact that this Mr. PASTOR of Arizona. As we ons stockpile. The President’s recent bill will continue providing significant talked earlier this morning, we said trip to Russia and his call for major assistance to Lake Superior commu- that we understand the importance of changes in what is called our nuclear nities who need help with sewer and Hanford as well as all the other sites, ‘‘posture’’ must be matched by the ad- water in order to be able to provide de- and I told you of the possibility that ministration’s funding requests that cent opportunities for economic growth some of us would need to go see the will pay for our country’s nuclear in the future. Communities cannot site and look at it firsthand. So you dismantlements and for the science to grow without adequate infrastructure. well know that I recognize the impor- certify the reliability of what’s left. I also want to suggest that the non- tance of cleaning up Hanford and also And we must provide adequate funding proliferation efforts contained in this all of the EM sites. I will work with to retain our highly specialized nuclear bill are important, indeed. you on this issue and review the needs scientists and technicians and to main- I would also note that when com- of Hanford’s Richland Operations of- tain the facilities and laboratories bined with the actions taken in the Re- fice, including the River Corridor Clo- where they do their work. The only covery Act, this bill will begin the long sure project, as we make our way way to support our national security is process of trying to make up for the through conference and write a final by increasing this account, not by fact that for almost 30 years, this coun- bill. holding it flat. Talk about a delicate try has had no effective energy policy. Mr. HASTINGS of Washington. balance between nuclear and renew- That has to change, and this is part of Thank you for your commitment on ables is only talk, for investments in the effort to change that. this and for your commitment to nu- renewables received $60 billion in the I also appreciate the fact that, as is clear waste cleanup at all the sites. I $800 billion stimulus—all of that bor- the case with previous bills approved look forward to continuing to work rowed money, I should add—and nu- by the committee, when this bill is fin- with you. Obviously the invitation is clear received nothing. I do hope that ished on the floor, we will have accept- open for you. Mr. FRELINGHUYSEN has we can address this disproportionality ed 24 Republican amendments to appro- been at Hanford, but I certainly invite in conference. priation bills in the full committee. We you. It is something to see firsthand. I One of my biggest disappointments, will have accepted another 24 on the thank you for your commitment. however, is not with the bill but the floor itself. I think that is testimony Mr. PASTOR of Arizona. Mr. Chair- way it was brought to the floor. With to the bipartisan approach taken by man, I yield 2 minutes to another gen- all the debate about climate change, the subcommittees on bill after bill. I tleman from Washington (Mr. INSLEE). global warming, conservation, carbon appreciate the cooperation of all of the Mr. INSLEE. I will join my colleague footprints and green jobs, Members of Members and the hard work of the from the State of Washington’s invita- Congress in both parties should have staff. tion to talk about Hanford issues at the right to propose amendments to ad- Mr. FRELINGHUYSEN. Mr. Chair- some point. I appreciate the Chair’s in- dress their concerns and support man, I am pleased to yield 3 minutes to terest in that. sources of power that they specifically the gentleman from Washington (Mr. I want to thank, specifically, the favor and know about, whether that be HASTINGS). committee for including $1.78 billion

VerDate Mar 15 2010 14:39 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00017 Fmt 0688 Sfmt 0634 E:\BR09\H15JY9.000 H15JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD July 15, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 13 17849 for energy efficiency and renewable en- I would like to focus my remarks construction project without costly ergy research, development and deploy- today on the Department of Energy’s scheduling delays or potential elimi- ment. But I do rise with some concern loan guarantee program. The loan nation of physics-related work. that the report proposes to decrease guarantee program is one of the few I would hope that the gentleman water power R&D from $40 million in policy tools we have that delivers im- from Arizona will work with me and 2009 to just $30 million. While I under- mediately available, market-ready, in- Mr. WITTMAN to ensure that this stand that the ocean and tidal-based novative, clean energy technologies project is funded at the administra- marine renewable energy industry is that will have a positive impact on our tion’s request for fiscal year 2010. certainly nascent at this time, esti- economy. And I yield to the gentleman from mates suggest that ocean resources in Congress has authorized $2 billion in Virginia, my colleague, Mr. WITTMAN. the U.S. could supply more than 6 per- loan guarantee authority for front-end Mr. WITTMAN. Thank you, Mr. cent of our electricity generation if nuclear facilities. DOE should be recog- SCOTT. ocean renewable energy enjoyed the nized for their work creating a loan I rise in support and to echo the re- same Federal investment as other guarantee program that has sound cri- marks of my colleague from Virginia forms of renewable energy. Many coun- teria to ensure the protection of tax- (Mr. SCOTT). The Thomas Jefferson Lab tries already operate projects that gen- payers and award guarantees to the is a world leader in nuclear physics re- erate power from both the waves and most creditworthy projects. search and education. The lab is cur- tidal and currents; and we should lead I support the efforts of my colleagues rently in the midst of a major upgrade in this regard, not follow. in the House to encourage DOE to ad- to their accelerator facility. Fully In Washington State these efforts are minister the loan guarantee program, funding the accelerator upgrade will currently underway. The U.S. Navy and particularly for front-end facilities, ef- significantly expand the facility’s re- Verdant Power will install a dem- ficiently and in the earliest possible search potential and will lead to a onstration project in Puget Sound in time frame. I also support efforts to en- greater understanding of atomic par- 2010, and Snohomish County PUD will sure that these decisions are based on ticles, the building blocks of all mat- install a project in Admiralty Inlet merit and that all loan guarantees are ter. Research at Jefferson Lab will con- just north of Seattle in 2011. Federally issued to the most qualified and not tinue to expand our knowledge of nu- backed research is underway at the necessarily the most politically con- clear physics that lead to many excit- Northwest National Marine Renewable nected applicants. ing scientific advances. Energy Center, a partnership between This program is not a bailout. It is I respectfully request that the gen- the University of Washington and Or- designed to allow creditworthy compa- tleman from Arizona would work to egon State University. In Sequim the nies to invest in large, multibillion fully fund this important project at DOE’s Marine Science Lab is research- dollar ‘‘investment grade’’ projects Jefferson Lab. ing ocean energy potential and envi- that will create thousands of jobs and Mr. SCOTT of Virginia. I yield to the ronmental issues. Hawaii, Oregon, inject several billion dollars in the gentleman from Arizona (Mr. PASTOR). Maine, New York, California, Massa- local economy without jeopardizing Mr. PASTOR of Arizona. I thank the chusetts and Alaska are also working taxpayers’ interest. gentleman for bringing this important to develop this industry. Our col- For the loan guarantee program to issue to us. leagues in the Senate have rec- succeed, it must demonstrate integrity You have made a case that the ad- ommended $60 million for water power and credibility through a fair, objec- ministration request for $22 million for R&D, and I hope to work with Mr. PAS- tive and timely process. It must also the continuous electron beam accel- TOR through conference to work toward meet the reasonable business needs of erator facility is merited. those Senate levels for this important, the applicants and protect the Treas- You have my personal commitment very promising program. ury and the U.S. taxpayer from undue to work with you and Mr. WITTMAN With that, I thank Mr. PASTOR for his exposure. going forward to see that this project efforts. The Department of Energy has per- receives the funding it needs and de- Mr. PASTOR of Arizona. I can assure sonally assured me that all decisions serves. the gentleman from Washington that regarding loan guarantees will be made Mr. SCOTT of Virginia. I thank you the committee is aware of this sustain- based on the merit of the recommended for your commitment and thank you able domestic energy source and its po- projects rather than on politics. for your willingness to work on this tential. We will continue to work with I look forward to working with my important issue and thank my col- the gentleman from Washington colleagues, the Department of Energy league from Virginia for his support through conference to highlight renew- and Secretary Chu to issue loan guar- and look forward to working with you able marine and hydrokinetic energy antees in the earliest time frame pos- in conference. development as a priority for the agen- sible by applying the program criteria Mr. FRELINGHUYSEN. Mr. Chair- cy. in a fair and unbiased manner. man, I’m pleased to yield 3 minutes to Mr. FRELINGHUYSEN. Mr. Chair- Mr. PASTOR of Arizona. Mr. Chair- the gentlewoman from Ohio (Mrs. man, I am pleased to yield 3 minutes to man, I would like to yield 2 minutes to SCHMIDT) for purpose of a colloquy. the gentleman from Idaho (Mr. SIMP- the gentleman from Virginia, my good Mrs. SCHMIDT. I rise to bring atten- SON). friend, BOBBY SCOTT. tion to the lack of progress by the De- Mr. SIMPSON. I thank the gen- Mr. SCOTT of Virginia. I thank the partment of Energy in processing loan tleman for yielding. gentleman for yielding. guarantee applications, particularly Mr. Chairman, I am pleased to rise Mr. Chairman, I, along with my col- with respect to USEC’s long-pending today in support of the fiscal year 2010 league from Virginia (Mr. WITTMAN), loan guarantee application for its Energy and Water Appropriations bill. would like to briefly discuss the impor- American Centrifuge Plant project. I would like to thank Vice Chairman tance of fully funding the Thomas Jef- USEC filed its application with the PASTOR and Ranking Member FRELING- ferson Lab’s 12 GeV Upgrade. Department of Energy for the loan HUYSEN for their work on this impor- This important project received ac- guarantee nearly 1 year ago, yet its ap- tant bill. They have done a great job celerated funding in the Recovery Act. plication still languishes. USEC has in- putting this bill together. It is vital that this project receive the formed the Department of Energy that administration’s full request of $22 mil- it needs, at minimum, a conditional b 1315 lion in this bill. If full funding is not in commitment from the Department of I also want to thank the staff on both place for the upcoming fiscal year due Energy for a request for a loan guar- sides of the aisle for their hard work to stringent controls in how Recovery antee by early August of 2009 or else and dedication on this piece of legisla- Act funds are spent, there is little USEC will begin to demobilize its tion. flexibility for the lab to meet their project.

VerDate Mar 15 2010 14:39 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00018 Fmt 0688 Sfmt 0634 E:\BR09\H15JY9.000 H15JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD 17850 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 13 July 15, 2009 I would like to now turn this over to The Department of Energy must fin- Mr. PASTOR of Arizona. First of all, my good colleague from Ohio (Mr. ish its review and issue a conditional thank you for the compliment, and I RYAN). commitment with reasonable terms will tell you that I have ELIOT ENGEL Mr. RYAN of Ohio. I thank the gen- and conditions by the end of this and BRAD SHERMAN, as well as you, tlelady. month. If it doesn’t, we can expect to Madam Chairman and Mr. ISRAEL, who Mr. Chairman, as my colleague said, see layoffs beginning in early August. have brought this matter to my atten- this loan application is critical for The CHAIR. The time of the gentle- tion, and I want to thank you for rais- thousands of jobs in Ohio and through- woman has expired. ing it on the floor. out the country. Mr. FRELINGHUYSEN. I yield the I, too, am a supporter of the U.S.- I would hope that the Secretary of gentlewoman 1 additional minute. Israel Energy Cooperation. This bill, as Energy and other departmental leader- Mrs. SCHMIDT. I just wish to say you have told us, doubles the account ship will provide the loan guarantee of- that I would hope that we can get this which funds such programs, and I look fice staff with the necessary guidance resolved quickly, and ask if the gen- forward to working to ensure that the and leadership to address this issue in tleman from New Jersey has anything U.S.-Israel Energy Cooperation con- the immediate future so that a condi- to add? tinues to receive strong support in tional commitment can be issued on Mr. FRELINGHUYSEN. Yes. Mrs. order to accelerate the development of SCHMIDT, I agree that 11 months is reasonable terms. alternative energy programs. Mrs. SCHMIDT. I would like to now more than enough for the Department Mr. ISRAEL. I thank the gentleman yield to Mr. WAMP from Tennessee. of Energy to act upon the loan guar- and the gentlewoman. Mr. WAMP. I thank the gentlelady. antee submission for the front-end of Mr. FRELINGHUYSEN. Mr. Chair- I’m proud that the United States En- the nuclear fuel cycle. It is a personal man, I’m pleased to yield 2 minutes to richment Corporation has been devel- priority of mine to ensure that this my colleague from New Jersey, Con- oping the highly advanced uranium en- program is run efficiently and in the gressman CHRIS SMITH. richment technology for the American best interest of U.S. taxpayers. While Mr. SMITH of New Jersey. Mr. Chair- Centrifuge Plant in my district, the it needs to move quickly, the loan man, I rise today in strong support of Oak Ridge National Laboratory facil- guarantee application process should H.R. 3183. The bill includes funding to ity. be open and fair to all applicants. allow the U.S. Army Corps of Engi- USEC’s enrichment technology is Mrs. SCHMIDT. I thank the gen- neers to take a greater role in ongoing very well established, the risks have tleman for his comments. been mitigated, and the technology is Mr. PASTOR of Arizona. I yield 2 efforts to fix significant recurring envi- fundamentally sound. We should not minutes to the gentleman from New ronmental hazards posed by Wreck allow a seemingly risk-averse loan York (Mr. ISRAEL). Pond, located in my district. staff at the Department to continually Mr. ISRAEL. I thank the gentleman On an average summer day, Wreck delay a decision on the loan applica- and appreciate your yielding me the Pond is a picture-perfect postcard. tion which will have the effect of ter- time and commend your leadership on However, just below the surface lie minating this incredible state-of-the- the bill. I’m proud of the subcommit- dangerous concentrations of high levels art facility. tee’s decision to double the Inter- of fecal coliforms as well as other Would the chairman work with us to national Renewable Energy Program nasty contaminants. When it rains, ensure that the program is run effi- from $5 million to $10 million this year. this poison goes onto the beaches, and ciently and effectively? Last year, the committee provided $2 it has caused, on average, about 80 per- Mr. PASTOR of Arizona. First of all, million to promote cooperation be- cent of all beach closings in New Jer- I thank the gentleman for yielding tween the United States and the Gov- sey in the past few years. time and congratulate him on his ernment of Israel for renewable and al- When Wreck Pond floods, this poison amendments. ternative energy programs. The Gov- pours into the basements and first To you and Mrs. SCHMIDT, I appre- ernment of Israel matched that fund- floors of nearby homes, which I have ciate the comments made by all my ing, which is now being directed to- seen myself on several occasions. Im- colleagues. I will be happy to work wards cooperation in the fields of ad- mediate action is necessary to improve with everyone to ensure the program is vanced battery technology, solar, wind, the water quality conditions and miti- run efficiently and effectively. The biomass, geothermal and energy effi- gate the serious health and environ- management and effectiveness of this ciency. mental hazards caused by its pollution program is a priority of the sub- Moving forward, I urge the House to to local residents. committee. We must ensure that it is support continued cooperation between The Corps’ work at Wreck Pond will fair to all applicants. And, yes, I will the United States and Israel in the be greatly enhanced and proceed to work with my colleagues. field of alternative energy. construction earlier than normally an- Mrs. SCHMIDT. I just want to add And with that, I yield to my distin- ticipated because of extensive analysis that USEC also plays a critical role in guished colleague from New York, already completed by other agencies at our national defense and energy secu- Chairwoman NITA LOWEY. the Federal, State and local level, in- rity. USEC’s ACP project uses U.S.- Mrs. LOWEY. I strongly believe that cluding work of a $400,000 EPA study, owned and developed technology. we must continue to show support to surveillance work by the New Jersey Under U.S. law and international the United States-Israel Energy Co- Department of Environmental Protec- agreements, only uranium fuel that is operation. Last year, President Obama tion, as well as the State’s installation of U.S. origin and produced using U.S. told the American people, ‘‘It is time of provisional storm water outflow technology can be used to meet our de- for the U.S. to take real steps to end pipes and the upstream watershed man- fense needs. Our Nation’s national se- our addiction to oil, and we can join agement programs. curity alone is enough of a reason for Israel building on last year’s U.S.- These actions have been effective. the Department of Energy to issue Israel Energy Cooperation Act to deep- However, they are not the best long- USEC a loan guarantee at reasonable en our partnership in developing alter- term solution, and a permanent fix can terms and conditions. native sources of energy.’’ I agree with be achieved only after the Corps begins I just want to appreciate everyone’s President Obama and believe we must its work. comments here. We are also talking work with our global partners and al- I want to especially thank my good about 8,000 good-paying jobs in Ohio, lies to diversify our energy portfolio. friend and colleague, Mr. FRELING- Tennessee, and other States. If we are Will the distinguished Mr. PASTOR HUYSEN, for his work, and Chairman serious about stimulating the econ- work with us to ensure that U.S.-Israel OBERSTAR, of the Transportation and omy, this is a great place, because Energy Cooperation receives substan- Infrastructure Committee, who actu- these projects are truly ‘‘shovel tial funding and support as you proceed ally made a trip to Wreck Pond in 2007 ready.’’ to conference with the Senate? to view this himself. I thank them

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both. RODNEY, thank you for your great Mr. SMITH of Washington. Thank CONGRESS OF THE UNITED STATES, work on this. you. I appreciate that support. Washington, DC, April 3, 2009 Mr. PASTOR of Arizona. Mr. Chair- Mr. FRELINGHUYSEN. Mr. Chair- Hon. PETER VISCLOSKY man, I yield 2 minutes to the gen- man, I am pleased to yield 2 minutes to Chairman, Energy and Water Development, Ap- propriations Subcommittee, House Appro- tleman from Washington (Mr. SMITH) the gentlewoman from Illinois (Mrs. priations Committee, Washington, DC. for the purpose of a colloquy. BIGGERT). Hon. RODNEY FRELINGHUYSEN, Mr. SMITH of Washington. Mr. Mrs. BIGGERT. I thank the gen- Ranking Member, Energy and Water Develop- Chairman, I rise in support of the fiscal tleman for yielding. ment, Appropriations Subcommittee, House year 2010 Energy and Water Appropria- I rise today in support of the fiscal Appropriations Committee, Washington, DC. tions bill, and I am appreciative of the year 2010 Energy and Water Appropria- DEAR CHAIRMAN VISCLOSKY AND RANKING work done by the chairman and rank- tions bill. I want to commend Chair- MEMBER FRELINGHUYSEN: As you begin your ing member on this bill. man PASTOR and Ranking Member work on the Fiscal Year 2010 Energy and I would like to briefly engage the FRELINGHUYSEN and their sub- Water Appropriations bill, we write to ex- press our strong support for the Department gentleman from Arizona (Mr. PASTOR) committee for putting together a bal- of Energy’s (DOE) Office of Science. In par- in a colloquy regarding an issue related anced bill that clearly recognizes the ticular, we urge you to increase Fiscal Year to the Seattle District of the Army importance of scientific research and 2010 funding for its research and facilities by Corps of Engineers and the Howard energy security to our Nation’s com- 8 percent over Fiscal Year 2009 to $5.2 billion, Hanson Dam. petitiveness. which is consistent with President Obama’s The Green and Puyallup Rivers lo- plan to double the Federal investment in the b 1330 cated in part in the Ninth District of basic sciences within the next decade. Washington were flooded by record lev- There are several provisions of this In recent years, Congress has come to rec- ognize that science will be the foundation for els of water in January 2009, causing bill I’m proud to support. Chief among those is the increase for the Depart- the innovation and solutions that will enable cities along these rivers to sustain us to overcome many of our greatest chal- major damage. Levees along those riv- ment of Energy’s Office of Science. I, lenges—from our economic crises and envi- ers are now in need of repair and reha- along with 70 of my colleagues, asked ronmental concerns to our dependence on bilitation, and when added to the other appropriators for an increase con- foreign energy and escalating health care levees that were already priorities for sistent with the President’s request to costs—and to remain globally competitive as the Seattle district, the need for re- double the investment in the basic a nation. As evidenced by the overwhelming bipartisan vote for enactment of the Amer- sources and action is imperative. sciences within the next decade. The committee provided for $170 million ica COMPETES Act in 2007 (P.L. 110–69), both Following the record high level of Democrats and Republicans support efforts water behind the Howard Hanson Dam more than the fiscal year 2009. This to double federal funding for basic research on the Green River, significant struc- funding is critical to our basic research in the physical sciences within the next dec- tural weaknesses were discovered. Be- infrastructure and national laboratory ade. Congress built on this commitment by cause of this damage, water levels at work, like that of Argonne in my dis- funding the programs and activities author- the Howard Hanson Dam are being held trict. ized by the America COMPETES Act in the at lower-than-normal levels, dras- The innovations and solutions that American Recovery and Reinvestment Act will enable us to overcome many of our and in the Fiscal Year 2009 Omnibus Appro- tically increasing the possibility of priations bill. flooding along the banks below. greatest challenges from our economic Congress must build on and provide the re- This is extremely troubling as we are crisis, environmental concerns, depend- sources to sustain this investment in Fiscal rapidly approaching the upcoming rain ence on foreign energy, and escalating Year 2010. Report after report—from the Na- and flood season. If the dam were to health care costs all start with basic tional Academy of Sciences and the Presi- fail, or if a strong storm brings a heavy research investments. dent’s Council of Advisors on Science and level of rain, then the levees below are Economic experts have concluded Technology to the Task Force on the Future that science-driven technology has ac- of American Innovation and the Council on at serious risk of being breached, caus- Competitiveness—has called on Congress and ing significant property damage and counted for more than 50 percent of the the President to invest in U.S. research ca- driving large numbers of people from growth of the U.S. economy during the pabilities. The benefits of such an invest- their homes and businesses. last half century. ment to the U.S. economy and U.S. competi- I respectfully ask to work with the In recent years, Congress has come to tiveness are well known. Economic experts gentleman to ensure that the Seattle recognize that science will be the foun- have concluded that science-driven tech- district of the Army Corps of Engineers dation to address those needs and keep nology has accounted for more than 50 per- America globally competitive. As evi- cent of the growth of the U.S. economy dur- is responsive to the flood prevention ing the last half-century. needs of those along the lower Green denced by the American COMPETES This kind of technology-based economic and Puyallup Rivers and will make the Act in 2007, both Democrats and Repub- growth cannot be sustained without addi- repairs of their levees a top priority. licans support efforts to increase basic tional investment in the kind of basic re- I also ask to work with the sub- research in the physical sciences to search supported by the DOE Office of committee to make the resources need- meet the needs of our growing popu- Science. We face a world in which our eco- ed to fix the Howard Hanson Dam lation. I will insert a copy of our letter nomic competitors in Asia and Europe are making significant new investments in their available in a timely manner as they in the RECORD. own research capabilities. These investments are identified. I support the underlying bill and ap- are beginning to pay off, as Asian and Euro- And with that I yield to the gen- preciate the committee’s efforts to pean countries challenge U.S. leadership in tleman from Arizona (Mr. PASTOR). carefully balance the needs of our en- the sciences no matter how it is measured— Mr. PASTOR of Arizona. I would like ergy future and scientific investments. by number of patents won, articles sub- to thank the gentleman from Wash- However, I am particularly dis- mitted to scientific journals, degrees award- ington for drawing the subcommittee’s appointed that the committee followed ed, Nobel prizes won, or the percentage of attention to this very serious issue. He the President’s budget request to slash Gross Domestic Product (GDP) dedicated to research and development. has been a dedicated advocate for the Yucca Mountain funding and the fail- Even as we face greater international com- people of the Ninth District of Wash- ure to increase important loan guaran- petition, these are exciting times for science ington and the surrounding areas. We tees to support a revitalized nuclear in the United States. There are many great will work with the gentleman to ensure energy sector. opportunities for scientific discovery, and that the Seattle district of the Corps is Illinois receives almost half of its with adequate funding, the DOE Office of responsive to the needs of the cities electricity generation from nuclear Science will ensure the U.S. retains its domi- and people along the lower Green and power, followed by coal. If we are to nance in such key scientific fields as nano- technology, materials science, bio- Puyallup Rivers and that adequate re- work towards a low carbon economy, technology, and supercomputing well into sources are available to repair the we cannot pick energy winners and los- the next century. Through critical new in- Howard Hanson Dam. So we look for- ers to meet the growing energy needs vestments in biofuels research and basic en- ward to working with you. of our population. ergy science, the DOE Office of Science will

VerDate Mar 15 2010 14:39 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00020 Fmt 0688 Sfmt 0634 E:\BR09\H15JY9.000 H15JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD 17852 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 13 July 15, 2009 continue to play a vital role in developing Russ Carnahan, Eliot Engel, Bob Inglis, Statewide, the unemployment rate the knowledge and the technologies essential Donna Edwards, Stephen Lynch, Allyson has risen to more than 11 percent. In to ensuring the nation’s future energy secu- Schwartz, Marcia Fudge, Eleanor Holmes the Central Valley, regional unemploy- rity. Finally, increased funding for the DOE Norton, Jim Costa, Doc Hastings, Roscoe ment has reached 20 percent with some Office of Science will give the economy a Bartlett. boost in the near-term by creating good-pay- communities’ unemployment now up to Mr. PASTOR of Arizona. Mr. Chair- over 40 percent. California’s water cri- ing, American jobs in construction, manufac- man, I yield 2 minutes to the gen- turing, and research. And in the long-term, sis is the result of severe drought con- tleman from Pennsylvania (Mr. ALT- such an investment in the nation’s scientific ditions on top of the federally imposed and research enterprise—both human and MIRE) for the purpose of a colloquy. pumping restrictions that have been Mr. ALTMIRE. Mr. Chairman, I rise physical capital—will increase our capacity placed on our State’s critical water in- to commend Mr. PASTOR for his excel- to innovate, reduce our dependence on for- frastructure. eign sources of energy, enhance our competi- lent work on this legislation and to The appropriations bill before us pro- tive edge in the global economy, and thus thank him for his continued support of vides some funding for a number of create the jobs of the future. the Nuclear Power 2010 program, which U.S. scientists are as bright as any in the California’s mid- and long-term water is now in its final year. resource management projects. Unfor- world, but they traditionally have had better This program is a success story. It tunately, many of the projects that are tools than everyone else. The DOE Office of has reestablished the U.S. leadership in Science has led the way in creating a unique receiving funding are years away from standardized, state-of-the-art nuclear system of large-scale, specialized user facili- completion and will not provide any as- power plants and created a licensing ties for scientific discovery. This collection sistance to Californians suffering process that allows electric utilities of cutting-edge—often one-of-a-kind—tools today. makes the DOE Office of Science an excep- the business certainty to make capital Even the most promising short-term tional and critical component of the federal investments while also preserving pub- projects in the Delta, like the Two science portfolio. Other federal science agen- lic participation. Gates project, will only provide relief if cies, such as the National Institutes of I yield to the gentleman from Ari- regulatory permitting and anticipated Health (NIH) and the National Science Foun- zona. dation (NSF), greatly depend upon these Mr. PASTOR of Arizona. I thank the court challenges are resolved in quick DOE Office of Science facilities in carrying gentleman for yielding. fashion. Many of the most affected out their own research activities. In Fiscal communities have made it clear that Year 2009 alone, over 21,500 researchers have I agree, and the committee was pleased to recommend that the Nuclear they aren’t looking for a handout. access to these special DOE facilities. Nearly They want their water and they want half of those users will be university faculty Power 2010 program receives $71 mil- and students—many whose research is being lion in this legislation, an increase of their jobs back. supported by other federal agencies—and a $51 million above the President’s re- During the markup of this bill in the significant number will be from U.S. indus- quest. committee, I offered an amendment to try. Mr. ALTMIRE. I thank Mr. PASTOR. do just that by ending the federally im- For these many reasons, we urge you to in- And as he may know, the Nuclear posed pumping restrictions. Sadly, crease funding for the DOE Office of Science Power 2010 program is of particular im- most of my colleagues on the other in Fiscal Year 2010 by 8 percent over Fiscal portance to my district, home to the side of the aisle rejected the amend- Year 2009, consistent with President Obama’s ment and voted to protect a 3-inch fish plan to double the Federal investment in the Westinghouse Electric Company head- basic sciences within the next decade. Fur- quarters and the thousands of my con- instead of protecting jobs and the peo- thermore, we urge you to focus this funding stituents who work for Westinghouse. ple of my State of California. I’m dis- on mission-related activities and facilities, Westinghouse helped establish the ci- appointed the Rules Committee denied and to avoid using core DOE research pro- vilian nuclear energy industry, build- a similar amendment offered by my gram budgets to fund extraneous projects. ing the first emission-free electricity colleague, Mr. NUNES. With this funding, the DOE Office of Science generating plant in 1957. Today, more Mr. Chairman, the federally imposed will attract the best minds, educate the next pumping restrictions are harming Cali- generation of scientists and engineers, sup- than 40 percent of the world’s oper- ating plants are Westinghouse designs, fornia families up and down the State. port the construction and operation of mod- If this Congress and this administra- ern facilities, and conduct even more of the and 62 of the 104 plants in the U.S. are quality scientific research that will create Westinghouse designs. tion fail to take the bold steps nec- jobs and ensure the U.S. retains its competi- NP2010 has helped Westinghouse essary to address the crisis in the next tive edge for many years to come. meet today’s regulatory requirements 6–12 months, the people of California Thanks for your consideration. We are cog- for standardizing, siting and licensing will know exactly who’s responsible for nizant of the difficult budget situation under the latest nuclear power plant designs. the job losses. which your subcommittee is working, and we Mr. PASTOR of Arizona. I want to Mr. PASTOR of Arizona. Mr. Chair- urge you to contact us if we may be of assist- thank the gentleman for pointing out man, I would yield 2 minutes to the ance in any way. gentleman from New Mexico (Mr. Sincerely, the vital role this program plays in his district. I am glad that NP2010 funding LUJA´ N). Judy Biggert, Rush Holt, Howard Berman, ´ John Dingell, Barney Frank, Zoe Lofgren, is included in the bill for all partici- Mr. LUJAN. Mr. Chairman, I would Ron Kind, David Wu, Michael Capuano, pants who are moving forward with li- first like to commend my good friend Tammy Baldwin, Bill Pascrell, Joe Sestak, censing and building to bring the next from Arizona (Mr. PASTOR) for the Jerry McNerney, Sheila Jackson-Lee, John generation of nuclear plants to the strong commitment this bill shows to- Shimkus, Mike Rogers (MI), Adam Schiff, market. ward shoring up both science and the Ron Klein. Mr. ALTMIRE. I appreciate Mr. PAS- national security of this country. The Jay Inslee, Daniel Lipinski, James Ober- TOR for his support of this project and strong support for the Office of Science star, Michael Michaud, Gary Peters, Bill Foster, Anna Eshoo, Zach Wamp, David am proud of my constituents who will be well received in my home State Loebsack, Eddie Bernice Johnson, Brad Mil- helped bring the AP1000 reactor design of New Mexico. ler, Carolyn Maloney, Doris Matsui, Mary Jo to market and make the NP2010 pro- I’m seeking the commitment of the Kilroy, Solomon Ortiz, Lynn Woolsey, Mau- gram the success that it is. gentleman from Arizona to work with rice Hinchey, Ellen Tauscher. Mr. FRELINGHUYSEN. Mr. Chair- me on refurbishing LANSCE, the Los Neil Abercrombie, Rosa DeLauro, Bob man, I am pleased to yield 11⁄2 minutes Alamos Neutron Science Center. This Etheridge, Stephanie Herseth Sandlin, Henry to Mr. CALVERT of California, a mem- facility plays a crucial role in pro- Waxman, Paul Hodes, Jerrold Nadler, Vernon ber of our committee. viding one-of-a-kind experimental ca- Ehlers, Earl Blumenauer, Dennis Moore, Mr. CALVERT. Mr. Chairman, I rise pabilities to further the lab’s science Chris Van Hollen, Lois Capps, Jan Scha- kowsky, John Duncan (TN), Tim Bishop, today to bring your attention to the mission. In addition, it’s a key draw for Adam Smith, Jim McGovern, Steve Kagen. ongoing water crisis in my home State new scientific talent in Los Alamos Na- Peter Roskam, Christopher Carney, Carol which has exacerbated the economic tional Laboratory and high-tech re- Shea-Porter, Susan Davis, Rau´ l Grijalva, downturn throughout California. search into northern New Mexico. The

VerDate Mar 15 2010 14:39 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00021 Fmt 0688 Sfmt 0634 E:\BR09\H15JY9.000 H15JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD July 15, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 13 17853 capabilities resident within the the Energy Efficient Building Systems sible redundancies within existing initia- LANSCE facility cannot be duplicated Hub are fully funded. tives, we hope to work with the Committee in a cost-effective manner anywhere I submit for the RECORD letters from and the Department of Energy to address Members and organizations who also these specific concerns before moving for- else in the country. The investment in ward. It is our hope that as this legislation the capabilities the refurbishment will support funding of the energy efficient moves forward, we will be able to work with sustain will pay for itself many times building systems. you to address this important issue. over. I thank you, Mr. PASTOR, for your Sincerely, I yield to Mr. PASTOR. willingness to address this issue, and I RUSS CARNAHAN, Mr. PASTOR of Arizona. First of all, look forward to working with you. Co-Chair. I want to thank you for raising this CONGRESS OF THE UNITED STATES, JUDY BIGGERT, Co-Chair. important issue, and you have my per- HIGH-PERFORMANCE BUILDINGS CAUCUS, sonal commitment to work with you as Washington, DC, July 15, 2009. CONGRESS OF THE UNITED STATES, Hon. DAVID R. OBEY, we go forward to find a solution that SUSTAINABLE ENERGY AND ENVI- best serves the national security. Chairman, Committee on Appropriations, Washington, DC. RONMENT COALITION, We’re well aware of the capabilities Washington, DC, July 15, 2009. Hon. ED PASTOR, and the value of Los Alamos National Acting Chairman, Subcommittee on Energy and Hon. DAVID R. OBEY, Laboratories. Water Development, Washington, DC. Chairman, Committee on Appropriations, ´ Washington, DC. Mr. LUJAN. Mr. Chairman, again, I Hon. JERRY LEWIS, would like to commend my friend, the Ranking Member, Committee on Appropriations, Hon. ED PASTOR, gentleman from Arizona for this legis- Washington, DC. Acting Chairman, Subcommittee on Energy and Water Development, Washington, DC. Hon. RODNEY FRELINGHUYSEN, lation, and I thank him for his willing- DEAR CHAIRMAN OBEY AND ACTING CHAIR- Ranking Member, Subcommittee on Energy and ness to work with me on this impor- MAN PASTOR: As members of the Sustainable Water Development, Washington, DC. tant issue. Energy and Environment Coalition (SEEC), DEAR CHAIRMEN AND RANKING MEMBERS: As we thank and commend you for your con- Mr. FRELINGHUYSEN. Mr. Chair- members of the High-Performance Buildings tinuing leadership in making the invest- man, I reserve the balance of my time Caucus, we commend your work on the En- ments in clean energy and energy efficiency and ask how much time is available on ergy and Water Appropriations Act of 2010. technologies that are essential for a transi- both sides. This Act makes investments in all areas of tion to a cleaner, more prosperous and inde- energy and makes critical investments in The CHAIR. The gentleman from pendent American energy future. New Jersey has 8 minutes remaining. our nation’s infrastructure. Of those invest- As a Coalition we believe firmly in the ad- ments, we hope you will give priority consid- The gentleman from Arizona has 91⁄2 vancement of the technologies that will pro- minutes remaining. eration to the Energy Efficient Buildings vide cleaner, more economically and envi- Systems Hub. Mr. PASTOR of Arizona. Mr. Chair- ronmentally sustainable energy to every seg- As a Caucus, we have consistently advo- ment of our economy. Further, as members man, I yield 2 minutes to the gen- cated for investments in a particular ele- tleman from Colorado, my good friend, of SEEC we have fought continuously for in- ment of our nation’s infrastructure—our vestments in research and development of re- Mr. POLIS. built environment. Each year our nation’s newable energy and energy efficiency tech- Mr. POLIS. Mr. Chairman, I, along homes, offices, schools, and other buildings nologies that will spawn a new American with my colleague Mr. CARNAHAN, rise consume 70 percent of the electricity in the clean energy economy that will create jobs, to enter into a colloquy. U.S., emit 39 percent of the nation’s carbon reduce our dependence on foreign oil, and ar- dioxide emissions, and our citizens spend ap- Mr. PASTOR, several weeks ago the rest the progression of global climate House Sustainable Energy and Envi- proximately 90 percent of their time indoors. change. Investing in the research and development of ronment Coalition met with the Sec- In a meeting on June 16, 2009, Secretary of high-performance building technologies can Energy Steven Chu expressed to our mem- retary of Energy, Steven Chu. He have a direct impact on decreasing our na- bers his desire for a new American energy fu- shared his vision of eight energy inno- tion’s carbon footprint, reducing costs and ture. As a part of his visionary plan to bring vation hubs that would deliver trans- improving building energy efficiency. this future to reality, the Secretary called formational energy technologies. This In light of these facts, the Department of for the creation of eight ‘‘Energy Innovation bill only funds one of those important Energy fiscal year 2010 budget introduced a Hubs’’ for the advanced research and devel- hubs. request for eight Energy Innovation Hubs, opment of the energy technologies that will each focused on a specific national energy When these hubs were first discussed allow America to lead the world in a twenty- related topic. These Energy Innovation Hubs first century energy economy. with the committee, DOE’s action plan would function in a new structure modeled Under the Energy and Water Appropria- was not fully developed. Since that after the research laboratories involved in tions, Fiscal Year 2010 legislation, funding time, they have made necessary revi- the Manhattan Project Labs, Lincoln Labs has been allocated for the Department of En- sions to develop the concept. While we at MIT that developed radar and AT&T Bell ergy to establish one Energy Innovation support funding only proposals that are Laboratories that developed the transistor. Hub. According to the Department of En- fully developed, we hope that you will According to the Department of Energy, ergy, this Hub would be chartered for the re- work with the members of the Sustain- the proposed Energy Efficient Building Sys- search and development of ‘‘Fuels from Sun- tems Hub would: light’’ technologies. While we stand with the able Energy and Environment Coali- Develop systems-based approaches to de- Secretary of Energy in supporting the re- tion and the Department of Energy to signing commercial and residential buildings search and development of game-changing, continue working to fund this initia- that integrate windows and lighting, natural twenty-first century fuel technologies, we tive as this process continues. ventilation and HVAC, thermal inertia, on- would like to express support for the estab- Mr. Chairman, I would like to yield site energy generation and other factors. De- lishment of a second Energy Innovation to my colleague and fellow SEEC mem- velop building design software with Hub—using existing funding appropriated to ber, Mr. CARNAHAN of Missouri. imbedded energy analysis to assist archi- the Office of Energy Efficiency and Renew- Mr. CARNAHAN. As co-chair of the tects and engineers in adopting new tech- able Energy—for the research and develop- nologies for conserving energy. Develop ment of ‘‘Energy Efficient Building Sys- Congressional High Performance Build- automated operating platforms for real-time tems’’. ing Caucus, I know firsthand that im- optimization of the building control systems, The creation of an Energy Innovation Hub provements to our built environment analogous to computer optimization of auto- to research and develop advancements in in- are some of the lowest hanging fruit in mobile engine performance. creasing the energy efficiency of buildings is terms of energy efficiency gains. We understand that during difficult eco- a high priority for the Secretary and the De- In the long term, we would work with nomic and budgetary times, we must be espe- partment of Energy. As a nation, our built you, Mr. Chairman, to see that all cially careful with federal research invest- environment accounts for 40 percent of our eight energy innovation hubs are fully ments. It is because of our strong belief in carbon dioxide emissions, and consumes 70 the benefits of energy efficiency gains that percent of the electricity from our electric funded. In the short term, as we enter we believe that this Energy Innovation Hub grid. A lack of energy efficiency contributes into conference with the Senate, we will offer the best return for our investment. to higher energy prices and greater green- would like to work with you to ensure While we understand the concerns of the house gas emissions for homes and for busi- that the Fuels from Sunlight Hub and Appropriations Committee regarding pos- nesses in every state. Greater and more

VerDate Mar 15 2010 14:39 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00022 Fmt 0688 Sfmt 0634 E:\BR09\H15JY9.000 H15JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD 17854 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 13 July 15, 2009 widespread energy efficiency in buildings these concerns include protecting life and guage in the bill that directs the Corps would result in lower energy prices, less property, developing novel building tech- to report back to Congress an outline greenhouse gas emissions, and less wasted nologies, facilitating and enhancing U.S. of the study based on the findings of use of our energy resources. Therefore, we economic competitiveness, increasing energy the National Research Council work- would like to work with the Committee on efficiency in the built-environment, assuring Appropriations, the Subcommittee on En- buildings have minimal climate change im- shop on water issues in Apalachicola- ergy and Water Development, and the De- pacts and are able to respond to changes in Chattahoochee-Flint and Alabama- partment of Energy to realize the creation of the environment, and supporting the devel- Coosa-Tallapoosa River basins, and we an Energy Innovation Hub to research and opment of private sector standards, codes in the Georgia and Alabama and Flor- develop Energy Efficient Building Systems. and guidelines that address these concerns. ida delegations are in support of that Sincerely, Sincerely, language. RUSS CARNAHAN, American Society of Heating, Refrig- However, there was also some lan- JAY INSLEE, erating and Air-conditioning Engineers PAUL TONKO, (ASHRAE); Glass Association of North guage that was put in by Mr. SHELBY MARTIN HEINRICH, America (GANA); AEC Science & Tech- on the Senate side that directs the DONNA CHRISTENSEN, nology; National Electrical Manufacturers Corps to report the critical yield of BRUCE BRALEY, Association (NEMA); National Institute of Federal reservoirs on the ACF–ACT, JARED POLIS, Building Sciences (NIBS); The Carpet and and the majority of Members from the PAUL HODES, Rug Institute; American Society of Civil En- Georgia delegation are opposed to that, TAMMY BALDWIN, gineers (ASCE); International Association of and it’s a bipartisan opposition. It’s BETSY MARKEY, Plumbing and Mechanical Officials (IAPMO); something that we are very concerned PETER WELCH. Plumbing-Heating-Cooling Contractors-Na- The Members of the Sustainable Energy and tional Association (PHCC); U.S. Green Build- about. We feel strongly that the Corps Environment Coalition. ing Council (USGBC); and International of Engineers’ water manuals need to be Council of Shopping Centers (ICSC). updated and that what the Senator HIGH-PERFORMANCE BUILDING CON- National Fenestration Rating Council from Alabama has put on the bill on GRESSIONAL CAUCUS COALITION, (NFRC); Green Building Initiative (GBI); the Senate side will hurt that. Washington, DC, July 15, 2009. American Institute of Architects (AIA); En- So what I would like to do, if pos- Chairman DAVID OBEY, vironmental and Energy Study Institute Committee on Appropriations, (EESI); Portland Cement Association (PCA); sible, is ask the ranking member and Washington, DC. International Code Council (ICC); Architec- the chairman to keep an eye on this Ranking Member JERRY LEWIS, ture 2030; Center for Environmental Innova- issue and hopefully, as this thing devel- Committee on Appropriations, tion in Roofing; Mechanical Contractors As- ops, oppose the language that’s been Washington, DC. sociation of America (MCAA); Green Builder put in the bill on the Senate side and Re DOE Energy Efficient Building Systems Media; International Association of Lighting support the language that Mr. BOYD Hub. Designers (IALD); and Air Conditioning Con- put in on the House side. Those two tractors of America (ACCT). DEAR CHAIRMAN OBEY AND RANKING MEM- bits of language are not in opposition BER LEWIS: As you consider appropriations Mr. CARNAHAN. I yield to the gen- of each other. You can support one for the Department of Energy that will im- tleman from Arizona. without the other. pact the energy use associated with build- Mr. PASTOR of Arizona. First of all, But the one that we have the most ings, the members of the High-Performance you are both correct in that when the Building Congressional Caucus Coalition heartburn about in terms of the bipar- Secretary appeared before the sub- tisan Georgia delegation is the Shelby (HPBCCC) indicated below, strongly encour- committee, this is and was presented age providing funding for the implementa- language on the Senate side. tion of an innovation hub for energy efficient as a work in progress. And knowing I would like to yield to anybody who building systems. that we are going to proceed forward would like to speak. with the administration and with the High-performance buildings, which address Mr. FRELINGHUYSEN. Let me say I human, environmental, economic and total Secretary, we thought that it was in would be happy to work, like Mr. PAS- societal impact, are the result of the applica- the best interest to fund one hub. And TOR would, to see what we could do to tion of the highest level design, construc- as the Secretary and the administra- be helpful to all involved. tion, operation and maintenance principles— tion goes forward in developing these a paradigm change for the built environ- hubs, we look forward to working with Mr. KINGSTON, as you know, we have ment. The U.S. should continue to improve yet to go to conference, but this is an the features of new buildings, and adapt and you, Mr. POLIS. The CHAIR. The time of the gen- interest that you and other Members maintain existing buildings, to changing bal- have in terms of its effects on your par- ances in our needs and responsibilities for tleman has expired. health, safety, energy efficiency and Mr. PASTOR of Arizona. I yield an- ticular States. You have my commit- usability by all segments of society. other minute to Mr. POLIS. ment, as well as the ranking member Within the private sector, we have made Mr. POLIS. I yield to Mr. PASTOR. as you heard, to work with you and considerable gains toward the design and Mr. PASTOR of Arizona. So we look work it out. construction of energy efficient buildings forward to working with you and Mr. Mr. PASTOR of Arizona. Mr. Chair- and equipment. In further pursuit of the na- man, I yield 4 minutes to the gen- tion’s energy goals and to fully realize the CARNAHAN because it’s an idea that ob- results of private sector innovation, we look viously will expand, will grow, and we tleman from New York, a member of forward to working with you and the Depart- want to make sure that the committee, the Energy and Water Appropriations ment of Energy to establish public-private the subcommittee has the opportunity Subcommittee, Mr. ISRAEL. partnership programs (including the Energy to work with the Secretary to see its Mr. ISRAEL. I thank the distin- Efficient Building Systems Hub) to effec- development. So we look forward to guished gentleman from Arizona. I ap- tively develop and implement energy savings working with you. preciate his leadership on so many technologies and practices. issues. In particular, I want to thank The High-Performance Building Congres- Mr. POLIS. I would like to thank the sional Caucus Coalition (HPBCCC) is a pri- gentleman from Arizona. him for including my bipartisan vate sector coalition of leading organiza- Mr. FRELINGHUYSEN. Mr. Chair- amendment with our colleagues, Mr. tions from the building community formed man, I am pleased to yield 2 minutes to LARSON from Connecticut, Mr. MASSA, to provide guidance and support to the High- the gentleman from Georgia (Mr. KING- Mr. DENT, Mr. DOYLE, and Mr. INGLIS to Performance Building Caucus of the U.S. STON). restore $45 million to the hydrogen and Congress. The High-Performance Building Mr. KINGSTON. I thank the gen- fuel cell program at DOE. This bill Caucus of the U.S. Congress was formed to tleman and wanted to rise today for a brings the total to $153 million, which heighten awareness and inform policymakers colloquy. And what this has to do with I believe can be used to establish a pub- about the major impact buildings have on our health, safety and welfare and the oppor- is some poor language that’s in the lic-private partnership with industry tunities to design, construct and operate bill, some on the House side and some partners who have already displayed a high-performance buildings that reflect our on the Senate side. But the gentleman significant investment in the United concern for these impacts. Fundamental to from Florida (Mr. BOYD) had put lan- States.

VerDate Mar 15 2010 14:39 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00023 Fmt 0688 Sfmt 0634 E:\BR09\H15JY9.000 H15JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD July 15, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 13 17855 Currently, Mr. Chairman, the United outstanding staff for providing us this H.R. 3183 States is in a neck-and-neck competi- opportunity, what I know is a bipar- Be it enacted by the Senate and House of Rep- tion with the global market on hydro- tisan effort to move this Nation for- resentatives of the United States of America in gen fuel cells. We’ve got to support ward. Congress assembled, That the following sums these technologies for commercializa- Mr. FRELINGHUYSEN. We reserve are appropriated, out of any money in the our time, Mr. Chairman. Treasury not otherwise appropriated, for en- tion within 5 years as a matter of na- ergy and water development and related tional security, energy independence, Mr. PASTOR of Arizona. We don’t have any other speakers. So I reserve agencies for the fiscal year ending Sep- and to remain competitive in the en- tember 30, 2010, and for other purposes, ergy sector. This investment keeps us my time. namely: Mr. FRELINGHUYSEN. I yield back ahead. TITLE I—CORPS OF ENGINEERS—CIVIL And I want to again thank the gen- my time. Mr. PASTOR of Arizona. Mr. Chair- DEPARTMENT OF THE ARMY tleman from Arizona for his leadership CORPS OF ENGINEERS—CIVIL and his cooperation, and my colleagues man, as you heard, this is a bipartisan bill. We’ve tried to balance the dif- The following appropriations shall be ex- for their bipartisanship in drafting this ferent priorities and needs of this coun- pended under the direction of the Secretary legislation which the gentleman has try. of the Army and the supervision of the Chief accepted. Again, I want to thank my ranking of Engineers for authorized civil functions of 1345 the Department of the Army pertaining to b member for his cooperation, his sup- rivers and harbors, flood and storm damage Mr. PASTOR of Arizona. Mr. Chair- port, and his insight in preparing this reduction, shore protection, aquatic eco- man, I yield 2 minutes to the gen- bill. It is a good bill, and we would not system restoration, and related efforts. tleman from Connecticut (Mr. LARSON). have been able to do it without the INVESTIGATIONS Mr. LARSON of Connecticut. Mr. staff that was involved in bringing this For expenses necessary when authorized by Chairman, I want to associate myself bill to us. law for the collection and study of basic in- with the remarks of STEVE ISRAEL, as Mr. VAN HOLLEN. Mr. Chair, I rise in sup- formation pertaining to river and harbor, the aforementioned also members of port of the FY 10 Energy and Water Appro- flood and storm damage reduction, shore the Hydrogen Caucus who have been so priations bill. Under the leadership of Presi- protection, aquatic ecosystem restoration, dent Obama, the United States is committing and related needs; for surveys and detailed critical to promoting this legislation. studies and plans and specifications of pro- But I especially want to thank Chair- itself to a new national clean energy policy for the 21st century, and this legislation advances posed river and harbor, flood and storm dam- man PASTOR and especially his staff, age reduction, shore protection, and aquatic Taunja Berquam, and also Joe Levin, that critical objective. Additionally, I am ecosystem restoration projects and related who played an instrumental role in pleased with the important investments this bill efforts prior to construction; for restudy of making sure that we got this impor- makes in our nation’s water infrastructure. authorized projects; and for miscellaneous tant funding included in the bill. The Department of Energy will receive investigations and, when authorized by law, Now, in Connecticut we pride our- $26.9 billion to fund five primary mission surveys and detailed studies and plans and areas: science, energy, the environment, nu- specifications of projects prior to construc- selves as being the fuel-cell center. We tion, $142,000,000, to remain available until have more than eight companies, three clear non-proliferation and national security. Specifically, DoE’s Office of Science will re- expended: Provided, That, except as provided in my home district. But as STEVE ceive $4.9 billion—an amount exceeding the in section 101, the amounts made available ISRAEL pointed out—and I know Mr. under this paragraph shall be expended as goals of the America COMPETES Act—for its PASTOR knows this—the importance of authorized by law for the projects and activi- being energy independent cuts to the basic and applied research in support of our ties specified in the text and table under this core of what we need to do. nation’s future energy needs. The Office of heading in the report of the Committee on This is a technology that has been Energy Efficiency and Renewable Energy will Appropriations of the House of Representa- tives to accompany this Act. around for some time. We use it very receive $2.25 billion for research, grants and successfully in NASA. We’re able to demonstration projects in areas ranging from CONSTRUCTION power our space vehicles. We’re able to solar power to industrial energy efficiency. (INCLUDING TRANSFERS OF FUNDS) use the water and be able to heat and This legislation also provides $5.4 billion for For expenses necessary for the construc- cool and power our spacecraft. With environmental clean-up related to contamina- tion of river and harbor, flood and storm damage reduction, shore protection, aquatic that, can we get people back and forth tion from nuclear weapons manufacturing, and $592 million is dedicated to safeguarding Rus- ecosystem restoration, and related projects to work and heat and cool our build- authorized by law; for conducting detailed ings? I think so. sian nuclear materials and combating inter- national nuclear trafficking. studies and plans and specifications of such The whole goal here is to make sure projects (including those involving participa- To support our nation’s water infrastructure, that we’re able to embrace the most tion by States, local governments, or private the Army Corps of Engineers receives $5.5 abundant element in the universe, groups) authorized or made eligible for selec- billion for operations, maintenance and con- which is hydrogen. If we expect to tion by law (but such detailed studies and struction of vital water projects across the wean ourselves off of foreign depend- plans and specifications shall not constitute country, and the Department of the Interior is a commitment of the Government to con- ency then we have to go with cutting provided $1.1 billion for the Bureau of Rec- struction), $2,122,679,000, to remain available edge technology. lamation’s important work on the nation’s until expended; of which such sums as are Another young President in 1960 said dams, canals, water conservation and rural necessary to cover the Federal share of con- we could put a man on the moon in 10 struction costs for facilities under the water projects. Finally, I am heartened by the years. We did it in nine. Part of the Dredged Material Disposal Facilities pro- wide-ranging support for Chesapeake Bay res- technology in getting us there was hy- gram shall be derived from the Harbor Main- toration initiatives included in this legislation. tenance Trust Fund as authorized by the drogen fuel cells. Mr. Chair, this bipartisan bill reflects the It’s long overdue for us to make the Water Resources Development Act of 1996 clean energy and water infrastructure priorities (Public Law 104–303); and of which such sums kind of investments in the public-pri- of the American people. I urge my colleagues’ as are necessary to cover one-half of the vate partnerships that Mr. ISRAEL al- support. costs of construction, replacement, rehabili- luded to that are so essential to us Mr. PASTOR of Arizona. Mr. Chair- tation, and expansion of inland waterways moving this economy forward and man, I yield back my time. projects shall be derived from the Inland Wa- making sure that we’re no longer de- The CHAIR. All time for general de- terways Trust Fund: Provided, That $1,500,000 pendent upon OPEC countries, on bate has expired. of the funds appropriated under this heading Libya, on Venezuela or Russia for our Pursuant to the rule, the bill shall be in title I of division C of the Omnibus Appro- source of fuel, but we make it here in priations Act, 2009 (Pub. L. 111–8; 123 Stat. considered for amendment under the 5- 601–609) is transferred to the Investigations America with American innovation and minute rule, and the bill shall be con- account and, in addition to funds appro- technology. sidered read through page 63, line 12. priated by this Act, applied toward the cost And with that, again, I thank Mr. The text of that portion of the bill is of carrying out the Seven Oaks Water Con- PASTOR for your leadership and your as follows: servation Study, California: Provided further,

VerDate Mar 15 2010 14:39 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00024 Fmt 0688 Sfmt 0634 E:\BR09\H15JY9.000 H15JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD 17856 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 13 July 15, 2009 That, except as provided in section 101, the Nation’s early atomic energy program, Water Resources Act of 1996, or section 204 of amounts made available under this para- $134,000,000, to remain available until ex- the Water Resources Act of 1992. graph shall be expended as authorized by law pended. (c) The Army Corps of Engineers shall sub- for the projects and activities specified in EXPENSES mit reports on a quarterly basis to the Com- the text and table under this heading in the mittees on Appropriations of the House of For expenses necessary for the supervision report of the Committee on Appropriations Representatives and the Senate detailing all and general administration of the civil of the House of Representatives to accom- the funds reprogrammed between programs, works program in the headquarters of the pany this Act. projects, activities, or categories of funding. Corps and the offices of the Division Engi- The first quarterly report shall be submitted MISSISSIPPI RIVER AND TRIBUTARIES neers; and for the management and oper- not later than 60 days after the date of en- For expenses necessary for flood damage ation of the Humphreys Engineer Center actment of this Act. reduction projects and related efforts in the Support Activity, the Institute for Water Re- SEC. 102. COMPETITIVE SOURCING.—None of Mississippi River alluvial valley below Cape sources, the Engineer Research and Develop- the funds in this Act, or previous Acts mak- Girardeau, Missouri, as authorized by law, ment Center, and the Corps Finance Center, ing funds available for Energy and Water De- $251,375,000, to remain available until ex- $184,000,000, to remain available until ex- velopment, shall be used to implement any pended, of which such sums as are necessary pended, of which not more than $5,000 may be pending or future competitive sourcing ac- to cover the Federal share of eligible oper- used for official reception and representation tions under OMB Circular A–76 or High Per- ation and maintenance costs for inland har- purposes and only during the current fiscal forming Organizations for the Army Corps of bors shall be derived from the Harbor Main- year: Provided, That no part of any other ap- Engineers. tenance Trust Fund: Provided, That, except propriation in this title shall be available to SEC. 103. CONTRACT MODIFICATION.—None of as provided in section 101, the amounts made fund the above activities: Provided further, the funds made available in this title may be available under this paragraph shall be ex- That any unobligated balances from prior used to award or modify any contract that pended as authorized by law for the projects appropriation Acts for ‘‘Flood Control and commits funds beyond the amounts appro- and activities specified in the text and table Coastal Emergencies’’ may be used to fund priated for that program, project, or activity under this heading in the report of the Com- the supervision and general administration that remain unobligated, except that such mittee on Appropriations of the House of of emergency operations, repairs, and other amounts may include any funds that have Representatives to accompany this Act. activities in response to any flood, hurri- been made available through reprogramming cane, or other natural disaster: Provided fur- OPERATION AND MAINTENANCE pursuant to section 101. ther, That upon submission to the Congress For expenses necessary for the operation, SEC. 104. INLAND WATERWAYS TRUST of the fiscal year 2011 President’s budget, the maintenance, and care of existing river and FUND.—None of the funds in this Act, or pre- Chief of Engineers shall transmit to Con- harbor, flood and storm damage reduction, vious Acts making funds available for En- gress the annual congressional budget jus- aquatic ecosystem restoration, and related ergy and Water Development, shall be used tifications for fiscal year 2011: Provided fur- projects authorized by law; providing secu- to award any continuing contract that com- ther, That the amount herein appropriated rity for infrastructure owned or operated by mits additional funding from the Inland Wa- shall be reduced by $100,000 per day for each the Corps, including administrative build- terways Trust Fund unless or until such day after initial submission of the Presi- ings and laboratories; maintaining harbor time that a long-term mechanism to enhance dent’s budget that the report has not been channels provided by a State, municipality, revenues in the Fund sufficient to meet the submitted to the Congress. or other public agency that serve essential cost-sharing authorized in the Water Re- navigation needs of general commerce, when OFFICE OF ASSISTANT SECRETARY OF THE ARMY sources Development Act of 1986 (Public Law authorized by law; surveying and charting (CIVIL WORKS) 99–662) is enacted. northern and northwestern lakes and con- For the Office of Assistant Secretary of the SEC. 105. TWO HARBORS, MINNESOTA.—The necting waters; clearing and straightening Army (Civil Works) as authorized by 10 project for navigation, Two Harbors, Min- channels; and removing obstructions to navi- U.S.C. 3016(b)(3), $6,000,000, to remain avail- nesota, being carried out under section 107 of gation, $2,510,971,000, to remain available able until expended. the River and Harbor Act of 1960 (33 U.S.C. until expended, of which such sums as are ADMINISTRATIVE PROVISION 577), and modified by section 3101 of the necessary to cover the Federal share of eligi- Water Resources Development Act of 2007 The Revolving Fund, Corps of Engineers, ble operation and maintenance costs for (121 Stat. 1133), is further modified to direct shall be available during the current fiscal coastal harbors and channels and for inland the Secretary to credit, in accordance with year for purchase (not to exceed 100 for re- harbors shall be derived from the Harbor section 221 of the Flood Control Act of 1970 placement only) and hire of passenger motor Maintenance Trust Fund; of which such (42 U.S.C. 1962d–5b), toward the non-Federal vehicles for the civil works program. sums as become available from the special share of the project the cost of planning, de- account for the Corps established by the GENERAL PROVISIONS, CORPS OF sign, and construction work carried out by Land and Water Conservation Act of 1965 (16 ENGINEERS—CIVIL the non-Federal interest for the project be- U.S.C. 460l–6a(i)) shall be derived from that SEC. 101. REPROGRAMMING RESTRICTION.— fore the date of execution of a partnership account for resource protection, research, in- (a) None of the funds provided in this title agreement for the project. terpretation, and maintenance activities re- shall be available for obligation or expendi- SEC. 106. NORTHERN WISCONSIN.—Section lated to resource protection in the areas at ture through a reprogramming of funds 154(h) of title I of division B of the Miscella- which outdoor recreation is available; and of that— neous Appropriations Act, 2001 (114 Stat. which such sums as become available from (1) creates or initiates a new program, 2763A–254) (as enacted into law by Public fees collected under section 217 of the Water project, or activity; Law 106–554) is amended by striking Resources Development Act of 1996 (Public (2) eliminates a program, project, or activ- ‘‘$40,000,000’’ and inserting ‘‘$60,000,000’’. Law 104–303) shall be used to cover the cost ity; SEC. 107. MARTIN, KENTUCKY.—The Sec- of operation and maintenance of the dredged (3) increases funds or personnel for any retary is directed to use such funds as are material disposal facilities for which such program, project, or activity for which funds necessary, from amounts made available in fees have been collected: Provided, That, ex- are denied or restricted by this Act; this Act under the heading ‘‘Construction’’, cept as provided in section 101, the amounts (4) reduces funds that are directed to be to expedite acquisition of those properties made available under this paragraph shall be used for a specific program, project, or activ- located in the vicinity of Martin, Kentucky, expended as authorized by law for the ity by this Act; that were damaged by the floodwaters in the projects and activities specified in the text (5) increases funds for any program, May 2009 flood event and that fall within and table under this heading in the report of project, or activity by more than $2,000,000 or Phases 3 and 4 of the mandatory and vol- the Committee on Appropriations of the 10 percent, whichever is less; or untary acquisition elements identified in House of Representatives to accompany this (6) reduces funds for any program, project, Plan A of the Chief of Engineers, Town of Act. or activity by more than $2,000,000 or 10 per- Martin Nonstructural Project Detailed REGULATORY PROGRAM cent, whichever is less. Project Report, Appendix T, Section 202 Gen- (b) Subsection (a)(1) shall not apply to any eral Plan, dated March 2000. For expenses necessary for administration project or activity authorized under section SEC. 108. WHITE RIVER MINIMUM FLOW, AR- of laws pertaining to regulation of navigable 205 of the Flood Control Act of 1948, section KANSAS.—Section 132 of the Energy and waters and wetlands, $190,000,000, to remain 14 of the Flood Control Act of 1946, section Water Development Appropriations Act of available until expended. 208 of the Flood Control Act of 1954, section 2006 (119 Stat 2261) is amended— FORMERLY UTILIZED SITES REMEDIAL ACTION 107 of the River and Harbor Act of 1960, sec- (1) in subsection (a)(3), by striking ‘‘Corps PROGRAM tion 103 of the River and Harbor Act of 1962, of Engineers’’ and inserting ‘‘Southwestern For expenses necessary to clean up con- section 111 of the River and Harbor Act of Power Administration’’; tamination from sites in the United States 1968, section 1135 of the Water Resources De- (2) by adding at the end of subsection (a) resulting from work performed as part of the velopment Act of 1986, section 206 of the the following new paragraph:

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‘‘(5) PAYMENT TO NON-FEDERAL LICENSEE.— Commission. In addition, for necessary ex- available until expended: Provided, That the Southwestern Power Administration shall penses incurred in carrying out related re- Bureau of Reclamation is directed to assess compensate the licensee of Federal Energy sponsibilities of the Secretary of the Inte- and collect the full amount of the additional Regulatory Commission Project No. 2221 pur- rior, $1,704,000, to remain available until ex- mitigation and restoration payments author- suant to paragraph (3) using receipts col- pended. For fiscal year 2010, the Commission ized by section 3407(d) of Public Law 102–575: lected from the sale of Federal power and en- may use an amount not to exceed $1,500,000 Provided further, That none of the funds made ergy related services. Pursuant to paragraph for administrative expenses. available under this heading may be used for (6), Southwestern Power Administration will BUREAU OF RECLAMATION the acquisition or leasing of water for in- begin collecting receipts in the Special Re- The following appropriations shall be ex- stream purposes if the water is already com- ceipts and Disbursement account upon the pended to execute authorized functions of mitted to in-stream purposes by a court date of enactment of this paragraph. Pay- the Bureau of Reclamation: adopted decree or order. ment to the licensee of Federal Energy Regu- WATER AND RELATED RESOURCES CALIFORNIA BAY-DELTA RESTORATION latory Commission Project No. 2221 shall be (INCLUDING TRANSFERS OF FUNDS) (INCLUDING TRANSFERS OF FUNDS) paid as soon as adequate receipts are col- lected in the Special Receipts and Disburse- For management, development, and res- For carrying out activities authorized by ment Account to fully compensate the li- toration of water and related natural re- the Water Supply, Reliability, and Environ- censee, and in accordance with paragraph (2), sources and for related activities, including mental Improvement Act, consistent with such payment shall be considered non-reim- the operation, maintenance, and rehabilita- plans to be approved by the Secretary of the bursable.’’; tion of reclamation and other facilities, par- Interior, $31,000,000, to remain available until (3) by adding at the end of subsection (a) ticipation in fulfilling related Federal re- expended, of which such amounts as may be the following new paragraph: sponsibilities to Native Americans, and re- necessary to carry out such activities may ‘‘(6) The Southwestern Power Administra- lated grants to, and cooperative and other be transferred to appropriate accounts of tion shall compensate the licensee of Federal agreements with, State and local govern- other participating Federal agencies to carry Energy Regulatory Commission Project No. ments, federally recognized Indian tribes, out authorized purposes: Provided, That 2221 in annual payments of not less than and others, $910,247,000, to remain available funds appropriated herein may be used for $5,000,000, until the licensee of Federal En- until expended, of which $53,240,000 shall be the Federal share of the costs of CALFED ergy Regulatory Commission Project No. available for transfer to the Upper Colorado Program management: Provided further, That 2221 is fully compensated pursuant to para- River Basin Fund and $17,936,000 shall be the use of any funds provided to the Cali- graph (3). At the end of each fiscal year sub- available for transfer to the Lower Colorado fornia Bay-Delta Authority for program-wide sequent to implementation, any remaining River Basin Development Fund; of which management and oversight activities shall balance to be paid to the licensee of Project such amounts as may be necessary may be be subject to the approval of the Secretary of No. 2221 shall accrue interest at the 30-year advanced to the Colorado River Dam Fund; the Interior: Provided further, That CALFED U.S. Treasury bond rate in effect at the time of which not more than $500,000 is for high implementation shall be carried out in a bal- of implementation of the White River Min- priority projects which shall be carried out anced manner with clear performance meas- imum Flows project.’’; by the Youth Conservation Corps, as author- ures demonstrating concurrent progress in (4) by adding at the end of subsection (a) ized by section 106 of Public Law 91–378 (16 achieving the goals and objectives of the the following new paragraph: U.S.C. 1706; popularly known as the Youth Program. ‘‘(7) ESTABLISHMENT OF SPECIAL RECEIPT Conservation Corps Act of 1970): Provided, POLICY AND ADMINISTRATION AND DISBURSEMENT ACCOUNTS.—There is es- That such transfers may be increased or de- For necessary expenses of policy, adminis- tablished in the Treasury of the United creased within the overall appropriation tration, and related functions in the Office of States a special receipt account and cor- under this heading: Provided further, That of the Commissioner, the Denver office, and of- responding disbursement account to be made the total amount appropriated, the amount fices in the five regions of the Bureau of Rec- available to the Administrator of the South- for program activities that can be financed lamation, to remain available until ex- western Power Administration to disburse by the Reclamation Fund or the Bureau of pended, $61,200,000, to be derived from the pre-collected receipts from the sale of federal Reclamation special fee account established Reclamation Fund and be nonreimbursable power and energy and related services. The by section 4(i) of the Land and Water Con- as provided in section 4(o) of the Act of De- accounts are authorized for the following servation Fund Act of 1965 (16 U.S.C. 460l– cember 5, 1924 (43 U.S.C. 377): Provided, That uses: 6a(i)) shall be derived from that Fund or ac- no part of any other appropriation in this ‘‘(A) Collect and disburse receipts for pur- count: Provided further, That funds contrib- Act shall be available for activities or func- chase power and wheeling expenses incurred uted under the Act of March 4, 1921 (43 U.S.C. tions budgeted as policy and administration by Southwestern Power Administration to 395) are available until expended for the pur- expenses. poses for which contributed: Provided further, purchase replacement power and energy as a ADMINISTRATIVE PROVISION result of implementation of the White River That funds advanced under the Act of Janu- Minimum Flows project. ary 12, 1927 (43 U.S.C. 397a) shall be credited Appropriations for the Bureau of Reclama- ‘‘(B) Collect and disburse receipts related to this account and are available until ex- tion shall be available for the purchase of to compensation of the licensee of Federal pended for the same purposes as the sums ap- not more than seven passenger motor vehi- Energy Regulatory Commission Project No. propriated under this heading: Provided fur- cles, which are for replacement only. 2221. ther, That funds available for expenditure for GENERAL PROVISIONS, DEPARTMENT OF ‘‘(C) Said special receipt and disbursement the Departmental Irrigation Drainage Pro- THE INTERIOR gram may be expended by the Bureau of Rec- account shall remain available for not more SEC. 201. REPROGRAMMING RESTRICTION.— than 12 months after the date of full com- lamation for site remediation on a nonreim- (a) None of the funds provided in title II for pensation of the licensee of Federal Energy bursable basis: Provided further, That Water and Related Resources shall be avail- Regulatory Commission Project No. 2221.’’; $4,000,000 of the funds appropriated under able for obligation or expenditure through a and this heading shall be deposited in the San reprogramming of funds that— (5) by adding at the end of subsection (a) Gabriel Basin Restoration Fund established (1) creates or initiates a new program, the following new paragraph: by section 110 of title I of appendix D of Pub- project, or activity; ‘‘(8) TIME OF IMPLEMENTATION.—For pur- lic Law 106–554: Provided further, That, except (2) eliminates a program, project, or activ- poses of paragraphs (3) and (4), ‘time of im- as provided in section 201 of this Act, the ity; plementation’ shall mean the authorization amounts made available under this para- (3) increases funds for any program, of the special receipt account and cor- graph shall be expended as authorized by law project, or activity for which funds have responding disbursement account described for the projects and activities specified in been denied or restricted by this Act; in paragraph (7).’’. the text and table under this heading in the (4) reduces funds that are directed to be report of the Committee on Appropriations TITLE II—DEPARTMENT OF THE used for a specific program, project, or activ- of the House of Representatives to accom- INTERIOR ity by this Act; pany this Act. (5) transfers funds in excess of the fol- CENTRAL UTAH PROJECT CENTRAL VALLEY PROJECT RESTORATION FUND lowing limits: CENTRAL UTAH PROJECT COMPLETION ACCOUNT For carrying out the programs, projects, (A) 15 percent for any program, project, or For carrying out activities authorized by plans, habitat restoration, improvement, and activity for which $2,000,000 or more is avail- the Central Utah Project Completion Act, acquisition provisions of the Central Valley able at the beginning of the fiscal year; or $40,300,000, to remain available until ex- Project Improvement Act, $35,358,000, to be (B) $300,000 for any program, project, or ac- pended, of which $1,500,000 shall be deposited derived from such sums as may be collected tivity for which less than $2,000,000 is avail- into the Utah Reclamation Mitigation and in the Central Valley Project Restoration able at the beginning of the fiscal year; Conservation Account for use by the Utah Fund pursuant to sections 3407(d), 3404(c)(3), (6) transfers more than $500,000 from either Reclamation Mitigation and Conservation and 3405(f) of Public Law 102–575, to remain the Facilities Operation, Maintenance, and

VerDate Mar 15 2010 14:39 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00026 Fmt 0688 Sfmt 0634 E:\BR09\H15JY9.000 H15JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD 17858 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 13 July 15, 2009 Rehabilitation category or the Resources for development of a demonstration plant for 1602, and 1603), $617,565,000, to remain avail- Management and Development category to the production of biodiesel fuels from crops able until expended: Provided, That funds ap- any program, project, or activity in the that, to the greatest extent possible, are cul- propriated for prior solicitations under the other category; or tivated on existing cropland during off-sea- Clean Coal Technology Program, Power (7) transfers, when necessary to discharge son rotations and minimize land use per unit Plant Improvement Initiative, Clean Coal legal obligations of the Bureau of Reclama- of fuel energy produced, to be awarded under Power Initiative, and FutureGen, but not re- tion, more than $5,000,000 to provide ade- full and open competition: Provided further, quired by the Department to meet its obliga- quate funds for settled contractor claims, in- That, of the amount appropriated in this tions on projects selected under such solici- creased contractor earnings due to acceler- paragraph, $3,000,000 shall be for development tations, may be utilized for the Clean Coal ated rates of operations, and real estate defi- of a parking canopy facility with solar pho- Power Initiative, pursuant to title IV of Pub- ciency judgments. tovoltaic roof panels for electricity genera- lic Law 109–58, in accordance with the re- (b) Subsection (a)(5) shall not apply to any tion to measure the viability of using photo- quirements of this Act rather than the Acts transfer of funds within the Facilities Oper- voltaic technologies in locations where envi- under which the funds were appropriated: ation, Maintenance, and Rehabilitation cat- ronmental and space limitations render con- Provided further, That no Clean Coal Power egory. ventional power generation costly, to be Initiative project may be selected for which (c) For purposes of this section, the term awarded under full and open competition: full funding is not available to provide for ‘‘transfer’’ means any movement of funds Provided further, That, of the amount appro- the total project: Provided further, That if a into or out of a program, project, or activity. priated in this paragraph, $153,560,000 shall be Clean Coal Power Initiative project, selected (d) The Bureau of Reclamation shall sub- used for the projects specified in the table after enactment of this Act for negotiation mit reports on a quarterly basis to the Com- that appears under the heading ‘‘Congres- under this or any other Act in any fiscal mittees on Appropriations of the House of sionally Directed Energy Efficiency and Re- year, is not awarded within 2 years from the Representatives and the Senate detailing all newable Energy Projects’’ in the report of date the application was selected, negotia- the funds reprogrammed between programs, the Committee on Appropriations of the tions shall cease and the Federal funds com- projects, activities, or categories of funding. House of Representatives to accompany this mitted to the application shall be retained The first quarterly report shall be submitted Act. by the Department for future coal-related re- not later than 60 days after the date of en- ELECTRICITY DELIVERY AND ENERGY search, development, and demonstration actment of this Act. RELIABILITY projects, except that the time limit may be SEC. 202. SAN LUIS UNIT.—(a) None of the For Department of Energy expenses includ- extended at the Secretary’s discretion for funds appropriated or otherwise made avail- ing the purchase, construction, and acquisi- matters outside the control of the applicant, able by this Act may be used to determine tion of plant and capital equipment, and or if the Secretary determines that exten- the final point of discharge for the inter- other expenses necessary for electricity de- sion of the time limit is in the public inter- ceptor drain for the San Luis Unit until de- livery and energy reliability activities in est: Provided further, That the Secretary may velopment by the Secretary of the Interior carrying out the purposes of the Department not delegate this responsibility for applica- and the State of California of a plan, which of Energy Organization Act (42 U.S.C. 7101 et tions greater than $10,000,000: Provided fur- shall conform to the water quality standards seq.), including the acquisition or condemna- ther, That financial assistance for costs in of the State of California as approved by the tion of any real property or any facility or excess of those estimated as of the date of Administrator of the Environmental Protec- for plant or facility acquisition, construc- award of original Clean Coal Power Initia- tion Agency, to minimize any detrimental tion, or expansion, $208,008,000, to remain tive financial assistance may not be provided effect of the San Luis drainage waters. available until expended: Provided, That, of in excess of the proportion of costs borne by (b) The costs of the Kesterson Reservoir the amount appropriated in this paragraph, the Government in the original agreement Cleanup Program and the costs of the San $7,600,000 shall be used for the projects speci- and shall be limited to 25 percent of the Joaquin Valley Drainage Program shall be fied in the table that appears under the head- original financial assistance: Provided fur- classified by the Secretary of the Interior as ing ‘‘Congressionally Directed Electricity ther, That funds shall be expended in accord- reimbursable or nonreimbursable and col- Delivery and Energy Reliability Projects’’ in ance with the provisions governing the use of lected until fully repaid pursuant to the the report of the Committee on Appropria- funds contained under the heading ‘‘Clean ‘‘Cleanup Program-Alternative Repayment tions of the House of Representatives to ac- Coal Technology’’ in Public Law 99–190 (42 Plan’’ and the ‘‘SJVDP-Alternative Repay- company this Act. U.S.C. 5903d): Provided further, That any ment Plan’’ described in the report entitled technology selected under these programs NUCLEAR ENERGY ‘‘Repayment Report, Kesterson Reservoir shall be considered a Clean Coal Technology, Cleanup Program and San Joaquin Valley For Department of Energy expenses includ- and any project selected under these pro- Drainage Program, February 1995’’, prepared ing the purchase, construction, and acquisi- grams shall be considered a Clean Coal Tech- by the Department of the Interior, Bureau of tion of plant and capital equipment, and nology Project, for the purposes of 42 U.S.C. Reclamation. Any future obligations of funds other expenses necessary for nuclear energy 7651n, and chapters 51, 52, and 60 of title 40 of by the United States relating to, or pro- activities in carrying out the purposes of the the Code of Federal Regulations: Provided viding for, drainage service or drainage stud- Department of Energy Organization Act (42 further, That funds available for the Clean ies for the San Luis Unit shall be fully reim- U.S.C. 7101 et seq.), including the acquisition Coal Power Initiative may be used to support bursable by San Luis Unit beneficiaries of or condemnation of any real property or any any technology relating to carbon capture such service or studies pursuant to Federal facility or for plant or facility acquisition, and storage or beneficial uses of carbon diox- reclamation law. construction, or expansion, and the purchase ide, without regard to the 70 and 30 percent of not more than 36 passenger motor vehi- TITLE III—DEPARTMENT OF ENERGY funding allocations specified in section cles, including one ambulance, all for re- 402(b)(1)(A) and (2)(A) of the Energy Policy ENERGY PROGRAMS placement only, $812,000,000, to remain avail- Act of 2005 (42 U.S.C. 15962(b)(1)(A) and ENERGY EFFICIENCY AND RENEWABLE ENERGY able until expended: Provided, That, of the (2)(A)): Provided further, That, of the amount For Department of Energy expenses includ- amount appropriated in this paragraph, appropriated in this paragraph, $750,000 shall ing the purchase, construction, and acquisi- $500,000 shall be used for the projects speci- be for development of technologies for inte- tion of plant and capital equipment, and fied in the table that appears under the head- gration into gasification systems for the other expenses necessary for energy effi- ing ‘‘Congressionally Directed Nuclear En- low-cost production of synthesis gas, to be ciency and renewable energy activities in ergy Projects’’ in the report of the Com- awarded under full and open competition: carrying out the purposes of the Department mittee on Appropriations of the House of Provided further, That, of the amount appro- of Energy Organization Act (42 U.S.C. 7101 et Representatives to accompany this Act. priated in this paragraph, $500,000 shall be seq.), including the acquisition or condemna- FOSSIL ENERGY RESEARCH AND DEVELOPMENT for development of fuel cell technologies for tion of any real property or any facility or For necessary expenses in carrying out fos- conversion of commercially available fuels for plant or facility acquisition, construc- sil energy research and development activi- and biofuels into electricity, to be awarded tion, or expansion, $2,250,000,000, to remain ties, under the authority of the Department under full and open competition: Provided available until expended: Provided, That, of of Energy Organization Act (42 U.S.C. 7101 et further, That, of the amount appropriated in the amount appropriated in this paragraph, seq.), including the acquisition of interest, this paragraph, $300,000 shall be for develop- $500,000 shall be for research and develop- including defeasible and equitable interests ment of control technologies for increased ment of novel hydrogen energy carriers that in any real property or any facility or for performance in synthesis gas combustion ap- are liquid at standard temperature and pres- plant or facility acquisition or expansion, plications, to be awarded under full and open sure and store hydrogen in bound chemical and for conducting inquiries, technological competition: Provided further, That, of the states rather than as free molecules, to be investigations, and research concerning the amount appropriated in this paragraph, awarded under full and open competition: extraction, processing, use, and disposal of $8,000,000 shall be used for the projects speci- Provided further, That, of the amount appro- mineral substances without objectionable so- fied in the table that appears under the head- priated in this paragraph, $500,000 shall be cial and environmental costs (30 U.S.C. 3, ing ‘‘Congressionally Directed Fossil Energy

VerDate Mar 15 2010 14:39 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00027 Fmt 0688 Sfmt 0634 E:\BR09\H15JY9.000 H15JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD July 15, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 13 17859 Research and Development Projects’’ in the Provided further, That, of the amount appro- That all proceeds and recoveries realized by report of the Committee on Appropriations priated in this paragraph, $37,740,000 shall be the Secretary in carrying out activities au- of the House of Representatives to accom- used for the projects specified in the table thorized by the NWPA, including any pro- pany this Act. that appears under the heading ‘‘Congres- ceeds from the sale of assets, shall be avail- NAVAL PETROLEUM AND OIL SHALE RESERVES sionally Directed Science Projects’’ in the able without further appropriation and shall report of the Committee on Appropriations For expenses necessary to carry out naval remain available until expended: Provided of the House of Representatives to accom- petroleum and oil shale reserve activities, further, That no funds provided in this Act or pany this Act. including the hire of passenger motor vehi- any previous Act may be used to pursue re- cles, $23,627,000, to remain available until ex- NUCLEAR WASTE DISPOSAL payment or collection of funds provided in pended: Provided, That, notwithstanding any For nuclear waste disposal activities to any fiscal year to affected units of local gov- other provision of law, unobligated funds re- carry out the purposes of the Nuclear Waste ernment for oversight activities that had maining from prior years shall be available Policy Act of 1982 (Public Law 97–425) been previously approved by the Department for all naval petroleum and oil shale reserve (‘‘NWPA’’), including the acquisition of real of Energy or to withhold payment of any activities. property or facility construction or expan- such funds: Provided further, That of the sion, $98,400,000, to remain available until ex- funds made available in this Act for Nuclear STRATEGIC PETROLEUM RESERVE pended, and to be derived from the Nuclear Waste Disposal, $5,000,000 shall be provided For necessary expenses for Strategic Pe- Waste Fund: Provided, That of the funds to create a Blue Ribbon Commission to con- troleum Reserve facility development and made available in this Act for Nuclear Waste sider all alternatives for nuclear waste dis- operations and program management activi- Disposal, $5,000,000 shall be provided to the posal. ties pursuant to the Energy Policy and Con- Office of the Attorney General of the State TITLE 17 INNOVATIVE TECHNOLOGY LOAN servation Act (42 U.S.C. 6201 et seq.), of Nevada solely for expenditures, other than GUARANTEE PROGRAM $228,573,000, to remain available until ex- salaries and expenses of State employees, to Such sums as are derived from amounts re- pended. conduct scientific oversight responsibilities ceived from borrowers pursuant to section NORTHEAST HOME HEATING OIL RESERVE and participate in licensing activities pursu- 1702(b)(2) of the Energy Policy Act of 2005 For necessary expenses for Northeast ant to the NWPA: Provided further, That not- under this heading in prior Acts shall be col- Home Heating Oil Reserve storage, oper- withstanding the lack of a written agree- lected in accordance with section 502(7) of ation, and management activities pursuant ment with the State of Nevada under section the Congressional Budget Act of 1974: Pro- to the Energy Policy and Conservation Act 117(c) of the NWPA, $1,000,000 shall be pro- vided, That for necessary administrative ex- (42 U.S.C. 6201 et seq.), $11,300,000, to remain vided to Nye County, Nevada, for on-site penses to carry out this Loan Guarantee pro- available until expended. oversight activities under section 117(d) of gram, $43,000,000 is appropriated, to remain such Act: Provided further, That $9,000,000 ENERGY INFORMATION ADMINISTRATION available until expended: Provided further, shall be provided to affected units of local That $43,000,000 of the fees collected pursuant For necessary expenses in carrying out the government, as defined in the NWPA, to con- activities of the Energy Information Admin- to section 1702(h) of the Energy Policy Act of duct appropriate activities and participate 2005 shall be credited as offsetting collec- istration, $121,858,000, to remain available in licensing activities: Provided further, That, until expended. tions to this account to cover administrative of the $9,000,000 provided, 7.5 percent of the expenses and shall remain available until ex- NON-DEFENSE ENVIRONMENTAL CLEANUP funds shall be made available to affected pended, so as to result in a final fiscal year For Department of Energy expenses, in- units of local government in California with 2010 appropriations from the general fund es- cluding the purchase, construction, and ac- the balance made available to affected units timated at not more than $0: Provided fur- quisition of plant and capital equipment and of local government in Nevada for distribu- ther, That fees collected under section 1702(h) other expenses necessary for non-defense en- tion as determined by the Nevada units of in excess of the amount appropriated for ad- vironmental cleanup activities in carrying local government: Provided further, That this ministrative expenses shall not be available out the purposes of the Department of En- funding shall be provided to affected units of until appropriated. ergy Organization Act (42 U.S.C. 7101 et seq.), local government, as defined in the NWPA: ADVANCED TECHNOLOGY VEHICLES including the acquisition or condemnation of Provided further, That $500,000 shall be pro- MANUFACTURING LOANS PROGRAM any real property or any facility or for plant vided to the Timbisha-Shoshone Tribe solely or facility acquisition, construction, or ex- for expenditures, other than salaries and ex- For administrative expenses in carrying pansion, $237,517,000, to remain available penses of tribal employees, to conduct appro- out the Advanced Technology Vehicles Man- until expended. priate activities and participate in licensing ufacturing Loans Program, $20,000,000, to re- main available until expended. URANIUM ENRICHMENT DECONTAMINATION AND activities under section 118(b) of the NWPA: DEPARTMENTAL ADMINISTRATION DECOMMISSIONING FUND Provided further, That notwithstanding the For necessary expenses in carrying out provisions of chapters 65 and 75 of title 31, For salaries and expenses of the Depart- uranium enrichment facility decontamina- United States Code, the Department shall ment of Energy necessary for departmental tion and decommissioning, remedial actions, have no monitoring, auditing, or other over- administration in carrying out the purposes and other activities under title II of the sight rights or responsibilities over amounts of the Department of Energy Organization Atomic Energy Act of 1954, and title X, sub- provided to affected units of local govern- Act (42 U.S.C. 7101 et seq.), including the hire title A, of the Energy Policy Act of 1992, ment: Provided further, That the funds for the of passenger motor vehicles and official re- $559,377,000, to be derived from the Uranium State of Nevada shall be made available sole- ception and representation expenses not to Enrichment Decontamination and Decom- ly to the Office of the Attorney General by exceed $30,000, $289,684,000, to remain avail- missioning Fund, to remain available until direct payment and to units of local govern- able until expended, plus such additional expended. ment by direct payment: Provided further, amounts as necessary to cover increases in That within 90 days of the completion of the estimated amount of cost of work for SCIENCE each Federal fiscal year, the Office of the At- others notwithstanding the provisions of the (INCLUDING TRANSFER OF FUNDS) torney General of the State of Nevada and Anti-Deficiency Act (31 U.S.C. 1511 et seq.): For Department of Energy expenses includ- each of the affected units of local govern- Provided, That such increases in cost of work ing the purchase, construction, and acquisi- ment shall provide certification to the De- are offset by revenue increases of the same tion of plant and capital equipment, and partment of Energy that all funds expended or greater amount, to remain available until other expenses necessary for science activi- from such payments have been expended for expended: Provided further, That moneys re- ties in carrying out the purposes of the De- activities authorized by the NWPA and this ceived by the Department for miscellaneous partment of Energy Organization Act (42 Act: Provided further, That failure to provide revenues estimated to total $119,740,000 in U.S.C. 7101 et seq.), including the acquisition such certification shall cause such entity to fiscal year 2010 may be retained and used for or condemnation of any real property or fa- be prohibited from any further funding pro- operating expenses within this account, and cility or for plant or facility acquisition, vided for similar activities: Provided further, may remain available until expended, as au- construction, or expansion, and purchase of That none of the funds herein appropriated thorized by section 201 of Public Law 95–238, not more than 50 passenger motor vehicles may be: (1) used directly or indirectly to in- notwithstanding the provisions of 31 U.S.C. for replacement only, including one law en- fluence legislative action, except for normal 3302: Provided further, That the sum herein forcement vehicle, two ambulances, and and recognized executive-legislative commu- appropriated shall be reduced by the amount three buses, $4,943,587,000, to remain avail- nications, on any matter pending before Con- of miscellaneous revenues received during able until expended: Provided, That gress or a State legislature or for lobbying 2010, and any related appropriated receipt ac- $15,000,000 appropriated under this heading activity as provided in 18 U.S.C. 1913; (2) used count balances remaining from prior years’ under prior appropriation Acts for the Ad- for litigation expenses; or (3) used to support miscellaneous revenues, so as to result in a vanced Research Projects Agency—Energy is multi-State efforts or other coalition build- final fiscal year 2010 appropriation from the hereby transferred to the ‘‘Advanced Re- ing activities inconsistent with the restric- general fund estimated at not more than search Projects Agency—Energy’’ account: tions contained in this Act: Provided further, $169,944,000.

VerDate Mar 15 2010 14:39 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00028 Fmt 0688 Sfmt 0634 E:\BR09\H15JY9.000 H15JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD 17860 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 13 July 15, 2009

OFFICE OF THE INSPECTOR GENERAL ENVIRONMENTAL AND OTHER DEFENSE and of marketing electric power and energy, For necessary expenses of the Office of the ACTIVITIES including transmission wheeling and ancil- Inspector General in carrying out the provi- DEFENSE ENVIRONMENTAL CLEANUP lary services pursuant to section 5 of the Flood Control Act of 1944 (16 U.S.C. 825s), as sions of the Inspector General Act of 1978, (INCLUDING TRANSFER OF FUNDS) applied to the southeastern power area, $51,927,000, to remain available until ex- For Department of Energy expenses, in- pended. $7,638,000, to remain available until ex- cluding the purchase, construction, and ac- pended: Provided, That notwithstanding 31 ATOMIC ENERGY DEFENSE ACTIVITIES quisition of plant and capital equipment and U.S.C. 3302 and section 5 of the Flood Control NATIONAL NUCLEAR SECURITY other expenses necessary for atomic energy Act of 1944 (16 U.S.C. 825s), up to $7,638,000 ADMINISTRATION defense environmental cleanup activities in collected by the Southeastern Power Admin- carrying out the purposes of the Department WEAPONS ACTIVITIES istration from the sale of power and related of Energy Organization Act (42 U.S.C. 7101 et services shall be credited to this account as For Department of Energy expenses, in- seq.), including the acquisition or condemna- discretionary offsetting collections, to re- cluding the purchase, construction, and ac- tion of any real property or any facility or main available until expended for the sole quisition of plant and capital equipment and for plant or facility acquisition, construc- purpose of funding the annual expenses of other incidental expenses necessary for tion, or expansion, and the purchase of not the Southeastern Power Administration: atomic energy defense weapons activities in more than four ambulances and three pas- Provided further, That the sum herein appro- carrying out the purposes of the Department senger motor vehicles for replacement only, priated for annual expenses shall be reduced of Energy Organization Act (42 U.S.C. 7101 et $5,381,842,000, to remain available until ex- as collections are received during the fiscal seq.), including the acquisition or condemna- pended, of which $463,000,000 shall be trans- year so as to result in a final fiscal year 2010 tion of any real property or any facility or ferred to the ‘‘Uranium Enrichment Decon- appropriation estimated at not more than $0: for plant or facility acquisition, construc- tamination and Decommissioning Fund’’. Provided further, That, notwithstanding 31 tion, or expansion, and the purchase of not OTHER DEFENSE ACTIVITIES U.S.C. 3302, up to $70,806,000 collected by the more than one ambulance; $6,320,000,000, to For Department of Energy expenses, in- Southeastern Power Administration pursu- remain available until expended: Provided, cluding the purchase, construction, and ac- ant to the Flood Control Act of 1944 to re- That, of the amount appropriated in this quisition of plant and capital equipment and cover purchase power and wheeling expenses paragraph, $3,000,000 shall be used for the other expenses, necessary for atomic energy shall be credited to this account as offsetting projects specified under the heading ‘‘Con- defense, other defense activities, and classi- collections, to remain available until ex- gressionally Directed Weapons Activities pended for the sole purpose of making pur- fied activities, in carrying out the purposes Projects’’ in the report of the Committee on chase power and wheeling expenditures: Pro- of the Department of Energy Organization Appropriations of the House of Representa- vided further, That notwithstanding the pro- Act (42 U.S.C. 7101 et seq.), including the ac- tives to accompany this Act. visions of 31 U.S.C. 3302 and section 5 of the quisition or condemnation of any real prop- Flood Control Act of 1944 (16 U.S.C. 825s), all DEFENSE NUCLEAR NONPROLIFERATION erty or any facility or for plant or facility funds collected by the Southeastern Power For Department of Energy expenses, in- acquisition, construction, or expansion, and Administration that are applicable to the re- cluding the purchase, construction, and ac- the purchase of not more than 12 passenger payment of the annual expenses of this ac- quisition of plant and capital equipment and motor vehicles for replacement only, count in this and subsequent fiscal years other incidental expenses necessary for de- $1,518,002,000, to remain available until ex- shall be credited to this account as discre- fense nuclear nonproliferation activities, in pended: Provided, That, of the funds provided tionary offsetting collections for the sole carrying out the purposes of the Department herein, $504,238,000 is for project 99–D–143 purpose of funding such expenses, with such of Energy Organization Act (42 U.S.C. 7101 et Mixed Oxide Fuel Fabrication Facility, Sa- funds remaining available until expended: seq.), including the acquisition or condemna- vannah River Site, South Carolina; Provided further, That for purposes of this ap- tion of any real property or any facility or $70,000,000 is for project 99–D–141–02 Waste propriation, annual expenses means expendi- for plant or facility acquisition, construc- Solidification Building, Savannah River tures that are generally recovered in the tion, or expansion, and the purchase of not Site, South Carolina; $84,296,000 for MOX op- same year that they are incurred (excluding more than one passenger motor vehicle for erations; and $7,000,000 for WSB operation: purchase power and wheeling expenses). replacement only, $1,471,175,000, to remain Provided further, That the Department of En- OPERATION AND MAINTENANCE, available until expended: Provided, That, of ergy shall adhere strictly to Department of SOUTHWESTERN POWER ADMINISTRATION the amount appropriated in this paragraph, Energy Order 413.3A for Project 99–D–143: $250,000 shall be used for the projects speci- Provided further, That, of the amount appro- For necessary expenses of operation and fied under the heading ‘‘Congressionally Di- priated in this paragraph, $2,000,000 shall be maintenance of power transmission facilities rected Defense Nuclear Nonproliferation used for the projects specified in the table and of marketing electric power and energy, Projects’’ in the report of the Committee on that appears under the heading ‘‘Congres- for construction and acquisition of trans- Appropriations of the House of Representa- sionally Directed Other Defense Activities mission lines, substations and appurtenant tives to accompany this Act. Projects’’ in the report of the Committee on facilities, and for administrative expenses, including official reception and representa- Appropriations of the House of Representa- NAVAL REACTORS tion expenses in an amount not to exceed tives to accompany this Act. For Department of Energy expenses nec- $1,500 in carrying out section 5 of the Flood essary for naval reactors activities to carry DEFENSE NUCLEAR WASTE DISPOSAL Control Act of 1944 (16 U.S.C. 825s), as applied out the Department of Energy Organization For nuclear waste disposal activities to to the Southwestern Power Administration, Act (42 U.S.C. 7101 et seq.), including the ac- carry out the purposes of the Nuclear Waste $44,944,000, to remain available until ex- quisition (by purchase, condemnation, con- Policy Act of 1982 (Public Law 97–425), in- pended: Provided, That notwithstanding 31 struction, or otherwise) of real property, cluding the acquisition of real property or U.S.C. 3302 and section 5 of the Flood Control plant, and capital equipment, facilities, and facility construction or expansion, Act of 1944 (16 U.S.C. 825s), up to $31,868,000 facility expansion, $1,003,133,000, to remain $98,400,000, to remain available until ex- collected by the Southwestern Power Admin- available until expended. pended. istration from the sale of power and related OFFICE OF THE ADMINISTRATOR POWER MARKETING ADMINISTRATIONS services shall be credited to this account as discretionary offsetting collections, to re- (INCLUDING TRANSFER OF FUNDS) BONNEVILLE POWER ADMINISTRATION FUND Expenditures from the Bonneville Power main available until expended, for the sole For necessary expenses of the Office of the purpose of funding the annual expenses of Administration Fund, established pursuant Administrator in the National Nuclear Secu- the Southwestern Power Administration: to the Federal Columbia River Transmission rity Administration, including official recep- Provided further, That the sum herein appro- System Act (Public Law 93–454), are ap- tion and representation expenses not to ex- priated for annual expenses shall be reduced proved for the Leaburg Fish Sorter, the ceed $12,000, $420,754,000, to remain available as collections are received during the fiscal Okanogan Basin Locally Adapted Steelhead until expended: Provided, That $10,000,000 pre- year so as to result in a final fiscal year 2010 Supplementation Program, and the Crystal viously appropriated for cleanup efforts at appropriation estimated at not more than Springs Hatchery Facilities, and, in addi- Argonne National Lab shall be transferred to $13,076,000: Provided further, That, notwith- tion, for official reception and representa- ‘‘Non-Defense Environmental Cleanup’’: Pro- standing 31 U.S.C. 3302, up to $38,000,000 col- tion expenses in an amount not to exceed vided further, That, of the amount appro- lected by the Southwestern Power Adminis- priated in this paragraph, $13,000,000 shall be $1,500. During fiscal year 2010, no new direct tration pursuant to the Flood Control Act of used for the projects specified in the table loan obligations may be made from such 1944 to recover purchase power and wheeling that appears under the heading ‘‘Congres- Fund. expenses shall be credited to this account as sionally Directed Office of the Administrator OPERATION AND MAINTENANCE, SOUTHEASTERN offsetting collections, to remain available (NNSA) Projects’’ in the report of the Com- POWER ADMINISTRATION until expended for the sole purpose of mak- mittee on Appropriations of the House of For necessary expenses of operation and ing purchase power and wheeling expendi- Representatives to accompany this Act. maintenance of power transmission facilities tures: Provided further, That notwithstanding

VerDate Mar 15 2010 14:39 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00029 Fmt 0688 Sfmt 0634 E:\BR09\H15JY9.001 H15JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD July 15, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 13 17861 31 U.S.C. 3302 and section 5 of the Flood Con- are incurred (excluding purchase power and (1) to augment the funds made available trol Act of 1944 (16 U.S.C. 825s), all funds col- wheeling expenses). for obligation by this Act for severance pay- lected by the Southwestern Power Adminis- FALCON AND AMISTAD OPERATING AND ments and other benefits and community as- tration that are applicable to the repayment MAINTENANCE FUND sistance grants under section 4604 of the of the annual expenses of this account in this For operation, maintenance, and emer- Atomic Energy Defense Act (50 U.S.C. 2704) and subsequent fiscal years shall be credited gency costs for the hydroelectric facilities at unless the Department of Energy submits a to this account as discretionary offsetting the Falcon and Amistad Dams, $2,568,000, to reprogramming request to the appropriate collections for the sole purpose of funding remain available until expended, and to be congressional committees; such expenses, with such funds remaining derived from the Falcon and Amistad Oper- (2) to provide enhanced severance pay- available until expended: Provided further, ating and Maintenance Fund of the Western ments or other benefits for employees of the That for purposes of this appropriation, an- Area Power Administration, as provided in Department of Energy under such section; or nual expenses means expenditures that are section 2 of the Act of June 18, 1954 (43 U.S.C. (3) to develop or implement a workforce re- generally recovered in the same year that 485g): Provided, That notwithstanding the structuring plan that covers employees of they are incurred (excluding purchase power provisions of such Act and of 31 U.S.C. 3302, the Department of Energy. and wheeling expenses). up to $2,348,000 collected by the Western Area SEC. 303. UNEXPENDED BALANCES.—The un- CONSTRUCTION, REHABILITATION, OPERATION Power Administration from the sale of power expended balances of prior appropriations AND MAINTENANCE, WESTERN AREA POWER and related services from the Falcon and provided for activities in this Act may be ADMINISTRATION Amistad Dams shall be credited to this ac- available to the same appropriation accounts For carrying out the functions authorized count as discretionary offsetting collections, for such activities established pursuant to by title III, section 302(a)(1)(E) of the Act of to remain available until expended for the this title. Available balances may be merged August 4, 1977 (42 U.S.C. 7152), and other re- sole purpose of funding the annual expenses with funds in the applicable established ac- lated activities including conservation and of the hydroelectric facilities of these Dams counts and thereafter may be accounted for renewable resources programs as authorized, and associated Western Area Power Adminis- as one fund for the same time period as origi- including official reception and representa- tration activities: Provided further, That the nally enacted. tion expenses in an amount not to exceed sum herein appropriated for annual expenses SEC. 304. BONNEVILLE POWER AUTHORITY $1,500; $256,711,000, to remain available until shall be reduced as collections are received SERVICE TERRITORY.—None of the funds in expended, of which $245,216,000 shall be de- during the fiscal year so as to result in a this or any other Act for the Administrator rived from the Department of the Interior final fiscal year 2010 appropriation estimated of the Bonneville Power Administration may Reclamation Fund: Provided, That notwith- at not more than $220,000: Provided further, be used to enter into any agreement to per- standing 31 U.S.C. 3302, section 5 of the Flood That notwithstanding the provisions of sec- form energy efficiency services outside the Control Act of 1944 (16 U.S.C. 825s), and sec- tion 2 of the Act of June 18, 1954 (43 U.S.C. legally defined Bonneville service territory, tion 1 of the Interior Department Appropria- 485g) and 31 U.S.C. 3302, all funds collected by with the exception of services provided inter- tion Act, 1939 (43 U.S.C. 392a), up to the Western Area Power Administration nationally, including services provided on a $147,530,000 collected by the Western Area from the sale of power and related services reimbursable basis, unless the Administrator Power Administration from the sale of power from the Falcon and Amistad Dams that are certifies in advance that such services are and related services shall be credited to this applicable to the repayment of the annual not available from private sector businesses. account as discretionary offsetting collec- expenses of the hydroelectric facilities of SEC. 305. USER FACILITIES.—(a) When the tions, to remain available until expended, for these Dams and associated Western Area Department of Energy makes a user facility the sole purpose of funding the annual ex- Power Administration activities in this and available to universities or other potential penses of the Western Area Power Adminis- subsequent fiscal years shall be credited to users, or seeks input from universities or tration: Provided further, That the sum here- this account as discretionary offsetting col- other potential users regarding significant in appropriated for annual expenses shall be lections for the sole purpose of funding such characteristics or equipment in a user facil- reduced as collections are received during expenses, with such funds remaining avail- ity or a proposed user facility, the Depart- the fiscal year so as to result in a final fiscal able until expended: Provided further, That ment shall ensure broad public notice of such year 2010 appropriation estimated at not for purposes of this appropriation, annual ex- availability or such need for input to univer- more than $109,181,000, of which $97,686,000 is penses means expenditures that are gen- sities and other potential users. derived from the Reclamation Fund: Provided erally recovered in the same year that they (b) When the Department of Energy con- further, That of the amount herein appro- are incurred. siders the participation of a university or priated, $7,584,000 is for deposit into the Utah FEDERAL ENERGY REGULATORY COMMISSION other potential user as a formal partner in Reclamation Mitigation and Conservation SALARIES AND EXPENSES the establishment or operation of a user fa- Account pursuant to title IV of the Reclama- For necessary expenses of the Federal En- cility, the Department shall employ full and tion Projects Authorization and Adjustment ergy Regulatory Commission to carry out open competition in selecting such a partner. Act of 1992: Provided further, That notwith- the provisions of the Department of Energy (c) For purposes of this section, the term standing 31 U.S.C. 3302, up to $349,807,000 col- Organization Act (42 U.S.C. 7101 et seq.), in- ‘‘user facility’’ includes— lected by the Western Area Power Adminis- cluding services as authorized by 5 U.S.C. (1) a user facility as described in section tration pursuant to the Flood Control Act of 3109, the hire of passenger motor vehicles, 2203(a)(2) of the Energy Policy Act of 1992 (42 1944 and the Reclamation Project Act of 1939 and official reception and representation ex- U.S.C. 13503(a)(2)); (43 U.S.C. 485 et seq.) to recover purchase penses not to exceed $3,000, $298,000,000, to re- (2) a National Nuclear Security Adminis- power and wheeling expenses shall be cred- main available until expended: Provided, tration Defense Programs Technology De- ited to this account as offsetting collections, That notwithstanding any other provision of ployment Center/User Facility; and to remain available until expended for the law, not to exceed $298,000,000 of revenues (3) any other Departmental facility des- sole purpose of making purchase power and from fees and annual charges and other serv- ignated by the Department as a user facility. wheeling expenditures: Provided further, That ices and collections in fiscal year 2010 shall SEC. 306. INTELLIGENCE ACTIVITIES.—Funds of the amount herein appropriated, up to be retained and used for necessary expenses appropriated by this or any other Act, or $18,612,000 is provided on a nonreimbursable in this account and shall remain available made available by the transfer of funds in basis for environmental remediation at the until expended: Provided further, That the this Act, for intelligence activities are Basic Substation site in Henderson, Nevada: sum herein appropriated from the general deemed to be specifically authorized by the Provided further, That notwithstanding 31 fund shall be reduced as revenues are re- Congress for purposes of section 504 of the U.S.C. 3302, section 5 of the Flood Control ceived during fiscal year 2010 so as to result National Security Act of 1947 (50 U.S.C. 414) Act of 1944 (16 U.S.C. 825s), and section 1 of in a final fiscal year 2010 appropriation from during fiscal year 2010 until the enactment of the Interior Department Appropriation Act, the general fund estimated at not more than the Intelligence Authorization Act for fiscal 1939 (43 U.S.C. 392a), funds collected by the $0. year 2010. Western Area Power Administration from GENERAL PROVISIONS, DEPARTMENT OF SEC. 307. LABORATORY DIRECTED RESEARCH the sale of power and related services that ENERGY AND DEVELOPMENT.—Of the funds made avail- are applicable to the repayment of the an- SEC. 301. UNFUNDED REQUESTS FOR PRO- able by the Department of Energy for activi- nual expenses of this account in this and POSALS.—None of the funds appropriated by ties at government-owned, contractor-oper- subsequent fiscal years shall be credited to this Act may be used to prepare or initiate ated laboratories funded in this Act, the Sec- this account as discretionary offsetting col- Requests For Proposals (RFPs) for a pro- retary may authorize a specific amount, not lections for the sole purpose of funding such gram if the program has not been funded by to exceed 6 percent of such funds, to be used expenses, with such funds remaining avail- Congress. by such laboratories for laboratory directed able until expended: Provided further, That SEC. 302. DEPARTMENT OF ENERGY DEFENSE research and development: Provided, That for purposes of this appropriation, annual ex- NUCLEAR FACILITIES WORKFORCE RESTRUC- the Secretary may also authorize a specific penses means expenditures that are gen- TURING.—None of the funds appropriated by amount, not to exceed 4 percent of such erally recovered in the same year that they this Act may be used— funds, to be used by the plant manager of a

VerDate Mar 15 2010 14:39 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00030 Fmt 0688 Sfmt 0634 E:\BR09\H15JY9.001 H15JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD 17862 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 13 July 15, 2009 covered nuclear weapons production plant or Labor shall have the authority and functions (2) rejected on the basis that the vehicles the manager of the Nevada Site Office for set forth in Reorganization Plan Numbered to which the proposal related were not ad- plant or site directed research and develop- 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and vanced technology vehicles; and ment. section 3145 of title 40, United States Code.’’. (3) related to ultra efficient vehicles. EC. 311. BONNEVILLE POWER ADMINISTRA- SEC. 308. LIMITED TRANSFER AUTHORITY TO S TITLE IV—INDEPENDENT AGENCIES ADDRESS PENSION REQUIREMENTS.—(a) If the TION FUND.—(a) Subject to subsection (b), no Secretary of Energy determines that addi- funds appropriated or otherwise made avail- APPALACHIAN REGIONAL COMMISSION tional funds are needed to reimburse the able by this Act or any other Act may be For expenses necessary to carry out the costs of defined benefit pension plans for used to record transactions relating to the programs authorized by the Appalachian Re- contractor employees, the Secretary may increase in borrowing authority or bonds gional Development Act of 1965, for nec- transfer not more than one percent from outstanding at any time under the Federal essary expenses for the Federal Co-Chairman each appropriation made available in this Columbia River Transmission System Act (16 and the Alternate on the Appalachian Re- Act to any other appropriation available to U.S.C. 838 et seq.) referred to in section 401 of gional Commission, for payment of the Fed- the Secretary in the same Act for such reim- division A of the American Recovery and Re- eral share of the administrative expenses of bursements. investment Act of 2009 (Public Law 111–5; 123 the Commission, including services as au- (b) In carrying out a transfer under this Stat. 140) under a funding acount, sub- thorized by 5 U.S.C. 3109, and hire of pas- section, the Secretary shall use each appro- account, or fund symbol other than the Bon- senger motor vehicles, $76,000,000, to remain priation made available to the Department neville Power Administration Fund Treasury available until expended: Provided, That any in that fiscal year as a source for the trans- account fund symbol. congressionally directed spending shall be fer and shall reduce each appropriation by an (b) Funds appropriated or otherwise made taken from within that State’s allocation in available by this Act or any other Act may equal percentage, except that appropriations the fiscal year in which it is provided. be used to ensure, for purposes of meeting for which the Secretary determines there ex- applicable reporting provisions of the Amer- DEFENSE NUCLEAR FACILITIES SAFETY BOARD ists a need for additional funds for pension ican Recovery and Reinvestment Act of 2009 SALARIES AND EXPENSES plan costs in that fiscal year, as well as ap- (Public Law 111–5; 123 Stat. 115), that the propriations made available for Naval Petro- For necessary expenses of the Defense Nu- Bonneville Power Administration uses a fund leum and Oil Shale Reserves, Strategic Pe- clear Facilities Safety Board in carrying out symbol other than the Bonneville Power Ad- troleum Reserve, Northeast Home Heating activities authorized by the Atomic Energy ministration Fund Treasury account fund Oil Reserve, the Power Marketing Adminis- Act of 1954, as amended by section 1441 of symbol solely to report accrued expenditures trations, the Energy Information Adminis- Public Law 100–456, $26,086,000, to remain of projects attributed by the Administrator available until expended. tration, Uranium Enrichment Decontamina- of the Bonneville Power Administration to DELTA REGIONAL AUTHORITY tion and Decommissioning Fund, Nuclear the increased borrowing authority. Waste Disposal, Defense Nuclear Waste Dis- (c) This section is effective for fiscal year SALARIES AND EXPENSES posal, and Office of the Inspector General, 2010 and subsequent fiscal years. For necessary expenses of the Delta Re- shall not be subject to this requirement. SEC. 312. ADVANCED TECHNOLOGY VEHICLES gional Authority and to carry out its activi- (c) This transfer authority is in addition to MANUFACTURING LOANS PROGRAM.—(a) ULTRA ties, as authorized by the Delta Regional Au- any other transfer authority provided in this EFFICIENT VEHICLES.—Section 136 of the En- thority Act of 2000, notwithstanding sections or any other Act. ergy Independence and Security Act of 2007 382C(b)(2), 382F(d), 382M, and 382N of such (d) The Secretary shall notify the Commit- (42 U.S.C. 17013) is amended— Act, $13,000,000, to remain available until ex- tees on Appropriations of the House of Rep- (1) in subsection (a)— pended. resentatives and the Senate in writing not (A) in paragraph (1), by inserting ‘‘an ultra less than 30 days in advance of each transfer efficient vehicle or’’ after ‘‘means’’; and DENALI COMMISSION authorized by this section. (B) by adding at the end the following new For expenses of the Denali Commission, in- SEC. 309. CONGRESSIONAL NOTIFICATION RE- paragraph: cluding the purchase, construction, and ac- QUIREMENT.—None of the funds made avail- ‘‘(5) ULTRA EFFICIENT VEHICLE.—The term quisition of plant and capital equipment, as able by this Act may be used to make a ‘ultra efficient vehicle’ means a fully closed necessary, and other expenses, $11,965,000, to grant allocation, discretionary grant award, compartment vehicle designed to carry at remain available until expended, notwith- discretionary contract award, or other trans- least 2 adult passengers that achieves— standing the limitations contained in section action agreement or to issue a letter of in- ‘‘(A) at least 75 miles per gallon while oper- 306(g) of the Denali Commission Act of 1998. tent totaling in excess of $1,000,000, or to an- ating on gasoline or diesel fuel; NORTHERN BORDER REGIONAL COMMISSION nounce publicly the intention to make such ‘‘(B) at least 75 miles per gallon equivalent For necessary expenses of the Northern an allocation, award, or agreement or to while operating as a hybrid electric-gasoline Border Regional Commission in carrying out issue such a letter, including a contract cov- or electric-diesel vehicle; or activities authorized by 40 U.S.C. 15303(1), ered by the Federal Acquisition Regulation, ‘‘(C) at least 75 miles per gallon equivalent $500,000, to remain available until expended. unless the Secretary of Energy notifies the while operating as a fully electric vehicle.’’; Committees on Appropriations of the House (2) in subsection (b)— SOUTHEAST CRESCENT REGIONAL COMMISSION of Representatives and the Senate at least 3 (A) by inserting ‘‘, ultra efficient vehicle For necessary expenses of the Southeast full business days in advance of making such manufacturers,’’ after ‘‘automobile manufac- Crescent Regional Commission in carrying an allocation, award, or agreement or turers’’; out activities authorized by 40 U.S.C. issuing such a letter: Provided, That if the (B) in paragraph (1)— 15303(1), $500,000, to remain available until Secretary of Energy determines that compli- (i) by striking ‘‘or’’ at the end of subpara- expended. ance with this section would pose a substan- graph (A); NUCLEAR REGULATORY COMMISSION tial risk to human life, health, or safety, an (ii) by striking ‘‘and’’ at the end of sub- SALARIES AND EXPENSES award may be made without such notifica- paragraph (B) and inserting ‘‘or’’; and tion, and the Committees on Appropriations (iii) by adding at the end the following new For necessary expenses of the Commission of the House of Representatives and the Sen- subparagraph: in carrying out the purposes of the Energy ate shall be notified not later than 5 full ‘‘(C) ultra efficient vehicles; and’’; and Reorganization Act of 1974 and the Atomic business days after such an allocation, (C) in paragraph (2), by inserting ‘‘, ultra Energy Act of 1954, including official rep- award, or agreement is made or letter issued. efficient vehicles,’’ after ‘‘qualifying vehi- resentation expenses (not to exceed $25,000), SEC. 310. WAGE RATE REQUIREMENTS.—Sec- cles’’; $1,061,000,000, to remain available until ex- tion 1702 of the Energy Policy Act of 2005 (42 (3) in subsection (g), by inserting ‘‘or are pended: Provided, That of the amount appro- U.S.C. 16512) is amended by adding at the end utilized primarily for the manufacture of priated herein, $56,000,000 shall be derived the following new subsection: ultra efficient vehicles’’ after ‘‘20 years’’; and from the Nuclear Waste Fund: Provided fur- ‘‘(k) WAGE RATE REQUIREMENTS.—All la- (4) in subsection (h)(1)(B), by striking ther, That revenues from licensing fees, in- borers and mechanics employed by contrac- ‘‘automobiles’’ the first place it appears and spection services, and other services and col- tors and subcontractors in the performance inserting ‘‘ultra efficient vehicles, auto- lections estimated at $878,102,000 in fiscal of construction work financed in whole or in mobiles,’’. year 2010 shall be retained and used for nec- part by a loan guaranteed under this title (b) RECONSIDERATION OF PRIOR APPLICA- essary salaries and expenses in this account, shall be paid wages at rates not less than TIONS.—The Secretary of Energy shall recon- notwithstanding 31 U.S.C. 3302, and shall re- those prevailing on projects of a character sider applications for assistance under sec- main available until expended: Provided fur- similar in the locality as determined by the tion 136 of the Energy Independence and Se- ther, That the sum herein appropriated shall Secretary of Labor in accordance with sub- curity Act of 2007 (42 U.S.C. 17013) that be reduced by the amount of revenues re- chapter IV of chapter 31 of title 40, United were— ceived during fiscal year 2010 so as to result States Code. With respect to the labor stand- (1) timely filed under that section before in a final fiscal year 2010 appropriation esti- ards in this subsection, the Secretary of January 1, 2009; mated at not more than $182,898,000.

VerDate Mar 15 2010 14:39 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00031 Fmt 0688 Sfmt 0634 E:\BR09\H15JY9.001 H15JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD July 15, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 13 17863 OFFICE OF INSPECTOR GENERAL his designee; and not to exceed three of economic challenges in border counties For necessary expenses of the Office of In- the amendments printed in part D of from Maine to New York. spector General in carrying out the provi- the report if offered by the gentleman On behalf of Mr. KLEIN of Florida, sions of the Inspector General Act of 1978, from Texas (Mr. HENSARLING) or his $1.8 million for the Corps of Engineers $10,102,000, to remain available until Sep- designee. Each amendment may be of- to help address the chronic backlog of tember 30, 2011: Provided, That revenues from fered only in the order printed in the regulatory permit applications. licensing fees, inspection services, and other services and collections estimated at report, shall be considered as read, And on behalf of Mr. ISRAEL, Mr. $9,092,000 in fiscal year 2010 shall be retained shall be debatable for 10 minutes equal- LARSON of Connecticut, Mr. DENT, Mr. and be available until expended, for nec- ly divided and controlled by the pro- MASSA, Mr. INGLIS, $45 million for en- essary salaries and expenses in this account, ponent and an opponent, and shall not ergy efficiency, renewable energy. notwithstanding 31 U.S.C. 3302: Provided fur- be subject to a demand for division of On behalf of Mr. CUELLAR of Texas, ther, That the sum herein appropriated shall the question. the amendment prohibits funds in this be reduced by the amount of revenues re- After disposition of the amendments bill from being used to purchase ceived during fiscal year 2010 so as to result specified in the first section of House lightbulbs unless they the energy star in a final fiscal year 2010 appropriation esti- or Federal energy management pro- mated at not more than $1,010,000. Resolution 645, the Chair and ranking minority member of the Committee on gram designation. NUCLEAR WASTE TECHNICAL REVIEW BOARD Appropriations or their designees each Also, this manager’s amendment has SALARIES AND EXPENSES may offer one pro forma amendment to an amendment for Mr. KISSELL which For necessary expenses of the Nuclear the bill for the purpose of debate, does not create any new programs or it Waste Technical Review Board, as author- which shall be controlled by the pro- follows the current language, and the ized by section 5051 of Public Law 100–203, amendment prohibits funds in the bill $3,891,000, to be derived from the Nuclear ponent. Waste Fund, and to remain available until PART A AMENDMENT NO. 1 OFFERED BY MR. from being used to purchase passenger expended. PASTOR OF ARIZONA vehicles unless they’re purchased from OFFICE OF THE FEDERAL COORDINATOR FOR The CHAIR. It is now in order to con- Ford, GM or Chrysler. ALASKA NATURAL GAS TRANSPORTATION sider amendment No. 1 printed in part The amendment decreases funding PROJECTS A of House Report 111–209. for Corps of Engineers’ programs and For necessary expenses for the Office of the Mr. PASTOR of Arizona. Mr. Chair- expenses by $10.8 million; the Depart- Federal Coordinator for Alaska Natural Gas man, I have an amendment at the desk. ment of Energy departmental adminis- Transportation Projects pursuant to the The CHAIR. The Clerk will designate tration by $30 million; the office of Alaska Natural Gas Pipeline Act of 2004, the amendment. electricity by $15 million; and other de- $4,466,000: Provided, That any fees, charges, or The text of the amendment is as fol- fense activities by $.25 million. commissions received pursuant to section 802 lows: I reserve my time, Mr. Chairman. of Public Law 110–140 in fiscal year 2010 in Mr. FRELINGHUYSEN. Mr. Chair- excess of $4,683,000 shall not be available for Part A amendment No. 1 offered by Mr. obligation until appropriated in a subsequent PASTOR of Arizona: man, I respectfully rise in opposition Act of Congress. Page 6, line 25, after the dollar amount, in- to the amendment. sert ‘‘(increased by $1,800,000)’’. The CHAIR. The gentleman from GENERAL PROVISIONS, INDEPENDENT Page 7, line 14, after the dollar amount, in- AGENCIES New Jersey is recognized for 5 minutes. sert ‘‘(reduced by $10,800,000)’’. Mr. FRELINGHUYSEN. Mr. Chair- SEC. 401. NUCLEAR REGULATORY COMMISSION Page 23, line 2, after the dollar amount, in- man, I don’t have any real problem REPORTING REQUIREMENT.—The Nuclear Reg- sert ‘‘(increased by $45,000,000)’’. ulatory Commission shall, not later than 90 Page 24, line 13, after the dollar amount, with the content of my chairman’s days after the date of enactment of this Act, insert ‘‘(reduced by $15,000,000)’’. amendment. I do, however, have a provide a report to the Committees on Ap- Page 35, line 15, after the dollar amount, problem with carrying the idea of a propriations of the House of Representatives insert ‘‘(reduced by $30,000,000)’’. manager’s amendment, which was once and the Senate identifying barriers to and Page 36, line 9, after the dollar amount, in- only for our full committee’s consider- its recommendations for streamlining the sert ‘‘(reduced by $30,000,000)’’. ation, right on to the House floor. issuance of a Combined Construction and Op- Page 40, line 7, after the dollar amount, in- In committee, this sort of amend- erating License for qualified new nuclear re- sert ‘‘(reduced by $2,500,000)’’. actors. Page 60, line 4, after the dollar amount, in- ment is used for noncontroversial items. Many of these are. They’re gen- TITLE V—GENERAL PROVISIONS sert ‘‘(increased by $2,500,000)’’. At the end of the bill (before the short erally accepted by unanimous consent. SEC. 501. LOBBYING RESTRICTION.—None of title), insert the following: But now it’s largely used, in many in- the funds appropriated by this Act may be SEC. 503. LIGHT BULB RESTRICTION.—None used in any way, directly or indirectly, to in- stances, for partisan purposes on the of the funds made available in this Act may fluence congressional action on any legisla- House floor. be used to purchase light bulbs unless the tion or appropriation matters pending before None of the content of this chair- light bulbs are ‘‘Energy Star’’ qualified or Congress, other than to communicate to man’s amendment was discussed with have the ‘‘Federal Energy Management Pro- Members of Congress as described in 18 gram’’ designation. the minority, and none of the changes U.S.C. 1913. SEC. 504. PASSENGER MOTOR VEHICLES.— were made or suggested by the minor- SEC. 502. DELTA REGIONAL AUTHORITY.— None of the funds made available in this Act ity. If the changes are important, then Section 382B(c)(1) of the Consolidated Farm may be used to purchase passenger motor ve- I think we should be able to discuss and Rural Development Act (7 U.S.C. 2009aa– hicles other than those manufactured by them. Otherwise, I fear it is only a 1) is amended to read as follows: Ford, General Motors, or Chrysler. ‘‘(1) IN GENERAL.—A decision by the Au- matter of time before the majority will thority shall require the affirmative vote of The CHAIR. Pursuant to House Reso- include everything they can in this the Federal co-chairperson and a majority of lution 645, the gentleman from Arizona sort of en masse amendment. This will the State members (not including any mem- (Mr. PASTOR) and a Member opposed be bad for the institution and I think ber representing a State that is delinquent each will control 5 minutes. bad for the American people. under subsection (g)(2)(C)) to be effective.’’. The Chair recognizes the gentleman I reserve the balance of my time. The CHAIR. No amendment shall be from Arizona. Mr. PASTOR of Arizona. First of all, in order except the amendments print- Mr. PASTOR of Arizona. Mr. Chair- I apologize to the ranking member in ed in part A of House Report 111–209, man, I yield myself such time as I may that it was my understanding that the not to exceed one of the amendments consume. manager’s amendment had been shown printed in part B of the report if of- This amendment provides funding for to him and had sought his approval, fered by the gentleman from California several important programs within the but if they had not, my deepest apolo- (Mr. CAMPBELL) or his designee; not to bill. On behalf of Messrs. ARCURI, gies because I think it’s important that exceed six of the amendments printed MICHAUD, HODES, WELCH and Ms. PIN- this bill, along with the manager’s in part C of the report if offered by the GREE, $2.5 million for the Northern Bor- amendment, continue to be bipartisan. gentleman from Arizona (Mr. FLAKE) or der Regional Commission to address I yield 30 seconds to Mr. MASSA.

VerDate Mar 15 2010 14:39 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00032 Fmt 0688 Sfmt 0634 E:\BR09\H15JY9.001 H15JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD 17864 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 13 July 15, 2009 Mr. MASSA. I would like to com- Mr. FRELINGHUYSEN. I yield back The Bay’s economic productivity, mend the efforts of my colleagues on the balance of my time. whose fisheries are still worth over $100 the Energy and Water Subcommittee Mr. PASTOR of Arizona. Mr. Chair- million a year, relies on the health of for recognizing the importance of hy- man, this is a good amendment and I its oyster population, not only for drogen fuel-cell technologies and what would ask the House Members to sup- their own value but also because they those technologies will play in the fu- port it. I yield back the balance of my are a keystone species for the Bay and ture of the American energy portfolio. time. the major filtration for pollutants in Funding for this important research The CHAIR. The question is on the the Bay. through this bill and through Mr. PAS- amendment offered by the gentleman This amendment is an important TOR’s amendment will help America from Arizona (Mr. PASTOR). part of our broader efforts to restore continue to lead in this critical field The question was taken; and the the health of the Bay. I thank Mr. PAS- necessary for our Nation’s energy secu- Chair announced that the ayes ap- TOR and Mr. FRELINGHUYSEN for the rity. peared to have it. committee’s support for this amend- I believe that using these funds to Mr. FRELINGHUYSEN. Mr. Chair- ment and the subcommittee’s staff for support important breakthroughs in man, I demand a recorded vote. their assistance. automotive fuel cells through a public- The CHAIR. Pursuant to clause 6 of Mr. Chairman, I yield to Mr. PASTOR. private partnership with an experi- rule XVIII, further proceedings on the Mr. PASTOR of Arizona. I just want enced industrial leader will put Amer- amendment offered by the gentleman to inform the gentleman that we sup- ica on track to commercialize this rev- from Arizona will be postponed. port his amendment. olutionary technology within 5 years. PART A AMENDMENT NO. 2 OFFERED BY MR. Mr. CONNOLLY of Virginia. I thank Significant domestic investments have al- CONNOLLY OF VIRGINIA the gentleman, and I reserve my time. ready been made in this technology, and I The CHAIR. It is now in order to con- Mr. FRELINGHUYSEN. Mr. Chair- have personally experienced the successes of sider amendment No. 2 printed in part man, I rise to claim time in opposition, these efforts by riding from my hometown of A of House Report 111–209. although I’m not in opposition to the Corning, NY to Washington, DC in a Hydrogen Mr. CONNOLLY of Virginia. I have gentleman’s amendment. Fuel Cell vehicle. an amendment at the desk, Mr. Chair- The CHAIR. Without objection, the We must ensure the continuation of this in- man. gentleman from New Jersey is recog- dustry here in the US by partnering with those The CHAIR. The Clerk will designate nized for 5 minutes. who have demonstrated the capacity to inno- There was no objection. the amendment. Mr. FRELINGHUYSEN. The gentle- vate and produce tangible results in efforts to The text of the amendment is as fol- man’s amendment would transfer $7 commercialize Automotive Fuel Cells. lows: million to restore and protect a nation- We must not fall behind our foreign competi- Part A amendment No. 2 offered by Mr. ally and regionally important resource. tors in this field. By making this a priority in CONNOLLY of Virginia: These fisheries provide hundreds of Washington and providing the necessary fund- Page 3, line 24, after the dollar amount, in- jobs, if not thousands, to local oyster- ing for this technology, we can ensure Amer- sert ‘‘(increased by $7,000,000)’’. men. ica continues to be the leader in Hydrogen Page 7, line 14, after the dollar amount, in- I would only say that this is a huge Fuel Cells. sert ‘‘(reduced by $7,000,000)’’. project and must be balanced against Mr. FRELINGHUYSEN. I yield 2 The CHAIR. Pursuant to House Reso- other national priorities and ask the minutes to the gentleman from Geor- lution 645, the gentleman from Virginia gentleman to work closely, as I’m sure gia (Mr. DEAL). (Mr. CONNOLLY) and a Member opposed Mr. DEAL of Georgia. I thank the each will control 5 minutes. he will, with the Corps to ensure that gentleman for yielding. The Chair recognizes the gentleman their budget request reflects the needs I rise to comment about language from Virginia. for the program against the back- that is in the report that is attached to Mr. CONNOLLY of Virginia. Mr. ground of other demands the Corps is this legislation. My good friend and Chairman, I rise to address an amend- facing. With that, I’d be pleased to accept colleague from Florida, Mr. BOYD, has ment to augment the Army Corps of the gentleman’s amendment. asked that a study be done. The study Engineers oyster restoration program I yield such time as he may consume relates to the ongoing dispute about by $7 million. This is a critical invest- to the gentleman from Virginia (Mr. water between the States of Alabama, ment in the health of America’s largest WITTMAN). Florida and Georgia, and I have no real estuary. problem with the study being done. The Chesapeake Bay is a national b 1400 I simply would hope that we could treasure. It was the port of entry for Mr. WITTMAN. I rise in support of get assurances from the subcommittee Jamestown’s European settlers. Many the gentleman’s amendment, and I chairman that with regard to the scope of America’s founding fathers, from want to commend the gentleman from of that study that it would be broad George Washington to George Mason, Virginia for his efforts to restore oys- enough to include all of the issues that settled on the banks of the Bay and ter populations in the Chesapeake Bay. are involved and that it would also tidal reaches of her tributaries. When Just as he pointed out, they’re extraor- allow all three States who have an in- the colonists arrived, the Bay was ex- dinarily important both economically terest in this to have equal participa- traordinarily fecund. John Smith and culturally to the State of Virginia. tion. wrote that one could walk across the Historically, the Chesapeake Bay has There has been a perception I think backs of swimming rockfish and that a been one of the most productive fish- that is a wrong perception that my single turtle could feed 40 men. He also eries in the world. However, native oys- State of Georgia doesn’t have a water wrote that oysters ‘‘lay thick as ter populations are currently at less conservation program in place. In fact, stones’’ covering the Bay’s floor. This than 1 percent of historic levels. Pollu- we have had one in place since 2003, and productivity fueled economic growth in tion and diseases have taken a substan- we believe that all of these issues our region. In the early 20th century, tial toll on oyster populations. should be encompassed within the H.L. Mencken wrote that oysters, as Oysters play a critical role in the study that is set forth in the report to the most common fare in Baltimore, Bay. And we all know that oysters are this particular bill. were the standard meal of every work- a commercially important resource. And we would hope that we could get ingman. The Virginia seafood industry is one of assurances, not only from the sub- Today, we are attempting to restore the largest in the Nation and provides committee chairman but also from Mr. an ecosystem and oyster population a positive economic impact to Virginia BOYD, that in determining the scope of that has been devastated by pollution, of over a half a billion dollars a year. that study, that all three States would to the extent that some have proposed Oysters also filter and clean the have equal opportunity to participate. replacing it with nonnative oysters. Bay’s waters. The oyster is a natural

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The staff has done an excel- work that he’s been doing to be sure store the Bay to how it was when Cap- lent job supporting the Members. that the Chickamauga Lock is con- tain John Smith landed in Jamestown I want to thank the Rules Committee tinuing in the process of being sure in 1607. However, by improving water for ruling this amendment in order be- that we keep that river open. quality and increasing oyster popu- cause Mr. DAVIS of Tennessee and my- I want to make further comments. lations, we will go a long way to re- self come to the floor today to offer the And I deeply appreciate the ranking storing the Bay’s health. The chal- amendment to transfer $14 million member and our vice chairman and lenges to oyster restoration are from the Corps of Engineers regular ac- chairman for at least allowing an op- daunting and complex. count, their operating account, over to portunity to speak today on this The Army Corps of Engineers, along the construction account. And the rea- amendment. with Federal, State, and private part- son is that we have on the Tennessee When you look at inland water sys- ners, have been working to restore oys- River the Chickamauga Lock, an aging tems and the impact they have on ter populations. And while relatively lock with a real problem of concrete America’s economy, if you go to the limited in scope, the Army Corps oys- growth. tributaries of the Ohio, Mississippi, the ter restoration efforts have shown oys- We have known now for 15 years that Cumberland, and the Tennessee Rivers ter restoration successes on several wa- this lock must be replaced. We are and look at commerce and agriculture tersheds. under construction. We’re in the mid- that travels those, that becomes the The Army Corps is nearing comple- dle of construction. The cofferdam is road, basically, for exports for Amer- tion of a Programmatic Environmental virtually finished now, so the center of ica’s production—at least much of it Impact Statement to identify an oyster the river will be dried out in just the does. restoration strategy. This major under- next few months. So it’s important that we keep our The stimulus funding allowed the taking will guide bay-wide oyster res- infrastructure along our inland water- purchase of the equipment—the steel, toration for years to come. ways open. It is some of the least ex- the gates—to go ahead and do the con- It is clear that the oyster is a critical pensive methods of transportation. But struction; but, unfortunately, only $1 species to the Chesapeake Bay, and one of the bright spots in America’s million was requested for this project, this amendment is an important step economy as far as export is concerned which will not allow us to go forward. to support oyster restoration activities is agriculture. That is the only area We must go forward. in the Bay. where we have a surplus in trade. I urge my colleagues’ support. There are many priorities within the Corps of Engineers Inland Waterway So my support of the legislation ob- Mr. CONNOLLY of Virginia. Mr. viously is to keep all of our rivers Chairman, I just want to thank the System and they should all be sup- ported as much as possible, but this open, all of our waterways open for our managers of this bill for their bipar- commerce. It is my hope—and I concur tisan support and for their respective one can’t go forward. This amendment is really to transfer in everything that my friend Congress- staffs, particularly my colleague from $14 million from the Corps expense ac- man WAMP from Tennessee has said—it Virginia for his support as well. count to the Corps construction ac- is my hope that we will be able to pass I yield back the balance of my time. count to be used for the purpose of the legislation, and recommend Mem- The CHAIR. The question is on the bers on both sides of the aisle to sup- amendment offered by the gentleman awarding a lock construction contract for the Chickamauga Lock on the Ten- port this amendment. from Virginia (Mr. CONNOLLY). Mr. WAMP. I yield back the balance The question was taken; and the nessee River. The reason we have just taken the of my time. Chair announced that the ayes ap- money from this expense account is to Mr. PASTOR of Arizona. Mr. Chair- peared to have it. try to get this amendment adopted on man, I claim the time in opposition, Mr. FRELINGHUYSEN. Mr. Chair- the floor so when we go to conference— even though I do support the amend- man, I demand a recorded vote. and I’m a longstanding member of this ment. The CHAIR. Pursuant to clause 6 of The CHAIR. Without objection, the rule XVIII, further proceedings on the subcommittee, as is Mr. DAVIS of Ten- nessee, now a new member of this sub- gentleman from Arizona is recognized amendment offered by the gentleman committee—when we go to conference for 5 minutes. from Virginia will be postponed. we can try to work this out, something There was no objection. PART A AMENDMENT NO. 3 OFFERED BY MR. that the chairman and the ranking Mr. PASTOR of Arizona. As I told WAMP member have expressed a desire to do you, I support this amendment since it The CHAIR. It is now in order to con- at both the subcommittee level and the simply adds money to the Corps con- sider amendment No. 3 printed in part full committee level. struction account. However, I wish to A of House Report 111–209. We don’t want to hold up the trains point out that additional funds for Mr. WAMP. Mr. Chairman, I have an or cause any problems, but the $1 mil- Chickamauga Lock cannot be made amendment at the desk. lion would literally freeze us for a year available until the solvency of the In- The CHAIR. The Clerk will designate with a lot of equipment, a lot of land Waterway Trust Fund is ad- the amendment. dressed. The text of the amendment is as fol- progress; and we’re running out of The project requires 50 percent of its lows: time. This lock has to be completed and finished by 2014. We spent millions funding from the Inland Waterways Part A amendment No. 3 offered by Mr. of dollars repairing the lock to keep Trust Fund, and that trust fund isn’t WAMP: Page 3, line 24, after the dollar amount, in- the current lock open. solvent. Before any new multiyear obli- sert ‘‘(increased by $14,000,000)’’. We can’t allow the Tennessee River gations are initiated, the revenue Page 7, line 14, after the dollar amount, in- to close to navigation and commerce. stream or alternative funding solutions sert ‘‘(reduced by $14,000,000)’’. It would be the largest lock closure in for these projects must be addressed. The CHAIR. Pursuant to House Reso- the history of our country if we al- We have been working with the lution 645, the gentleman from Ten- lowed this to happen. So it’s of critical Transportation and Infrastructure nessee (Mr. WAMP) and a Member op- importance to continue to work with Committee for a comprehensive solu- posed each will control 5 minutes. us, and I can’t thank the chairman and tion to the issue for some time. I have The Chair recognizes the gentleman the ranking member enough for their sympathy for the project. I think I from Tennessee. willingness to work with us. know more about this project because

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of Mr. DAVIS and Mr. WAMP. I con- clear opportunity and first step to do My amendment, which was also re- gratulate both of them for bringing the just that. jected by the Democrat majority, amendment. My amendment seeks to follow up on would have prohibited the loss of hy- Again, the issue at hand is a lot larg- the progress made in the report author- dropower needed to back up these re- er than the $180 million project. I sup- ized by the Energy Policy Act of 2005. newable energy sources. port the project. This report will require the Bureau of So, in conclusion, the Democrat ma- Mr. FRELINGHUYSEN. Would the Reclamation to determine where new jority is sending a mixed message by gentleman yield? hydropower projects can be added to not allowing amendments to protect Mr. PASTOR of Arizona. I will yield the agency’s existing water supply fa- our existing Federal hydropower, yet to my ranking member. cilities. allowing an amendment to increase a Mr. FRELINGHUYSEN. Let me asso- The Bureau of Reclamation is al- limited amount of hydropower re- ciate my remarks with your statement ready the second leading hydropower sources. I appreciate that. The Amer- and commend both Mr. WAMP and Mr. producer in the Nation so it’s only nat- ican people deserve to see a full debate DAVIS for being articulate, ardent sup- ural to require that agency to reassess about hydropower, the original emis- porters of this move forward. its hydropower potential. sions-free and renewable energy. Never- I have been to the Chickamauga While the agency failed to look at po- theless, I urge my colleagues to sup- Lock. I can certainly attest to Mr. tential projects on small canals and port this amendment. WAMP’s boundless energy and deter- laterals, it did find six larger opportu- With that, I reserve the balance of mination to make this thing happen. nities to generate almost 300 my time. He’s made me aware of the dangers of megawatts from new hydropower facili- Mr. PASTOR of Arizona. Mr. Chair- what happens if we have inaction. I ties. To date, the Bureau of Reclama- man, I claim the time in opposition, want to commend you. Obviously this tion has not implemented one aspect of even though I am not opposed to the issue is moving ahead, but there’s some this report. amendment. complex issues that need to be ad- If this amendment is adopted, there The CHAIR. Without objection, the dressed that Mr. PASTOR has appro- will no longer be bureaucratic excuses gentleman from Arizona is recognized priately commented on. about the necessary resources to begin for 5 minutes. Mr. PASTOR of Arizona. Mr. Chair- the installation of new emissions-free There was no objection. Mr. PASTOR of Arizona. I’m very man, I yield back the balance of my resources. happy to tell the author of the amend- time. While I’m pleased this amendment The CHAIR. The question is on the was made in order, Mr. Chairman, it ment that this will be a bipartisan amendment offered by the gentleman only covers part of the hydropower amendment, since we are accepting his equation. Regrettably, the Democrat amendment. from Tennessee (Mr. WAMP). We understand how important hydro- The amendment was agreed to. leadership did not make my other amendments in order. power is, and we need improvements at PART A AMENDMENT NO. 4 OFFERED BY MR. One of my other amendments would existing facilities so we can provide the HASTINGS OF WASHINGTON have decreased carbon emissions by reliable, efficient domestic emissions- The CHAIR. It is now in order to con- keeping more hydropower resources on- free source of renewable energy. Invest- sider amendment No. 4 printed in part line. Currently, the Army Corps of En- ment in modern turbines has been a A of House Report 111–209. gineers and the Bureau of Reclamation Mr. HASTINGS of Washington. Mr. benefit of improving existing water are forced to divert water from hydro- Chairman, I have an amendment made quality and fish passage issues, in addi- power production at some of their tion to increasing generation efficiency in order under the rule. dams. This results in a loss of genera- The CHAIR. The Clerk will designate and capability. tion that has to be found from some As energy security and issues of glob- the amendment. other energy source. al climate change are becoming in- The text of the amendment is as fol- The vast majority of this replace- creasingly important to the decision- lows: ment power is carbon based in the form making regarding infrastructure in- Part A amendment No. 4 offered by Mr. of coal and natural gas and is much vestment, improving existing hydro- HASTINGS of Washington: more expensive than hydropower. My Page 17, line 17, strike the period and in- power facilities, we must add some pri- sert the following: ‘‘; Provided further, That amendment, which the Democrat ma- ority. $5,000,000 of the funds appropriated under jority chose not to debate on, would I urge the Bureau of Reclamation to this heading shall be available for the ‘Power have reduced these carbon emissions to work with local groups and public Program Services’ to implement the Bureau help the environment and keep energy power entities as it looks to use its of Reclamation’s hydropower facilities in- affordable by allowing for more hydro- water resources most efficiently. I also stallations identified under section 1834 of power production. urge the Bureau of Reclamation to con- the Energy Policy Act of 2005.’’. Another amendment would have pro- tinue to focus on its core water and re- The CHAIR. Pursuant to House Reso- hibited the reduction of Federal hydro- lated resource projects and not sac- lution 645, the gentleman from Wash- power if that hydropower backs up rifice that valuable work while engag- ington (Mr. HASTINGS) and a Member other renewable energies, like wind and ing in this effort. I support the amend- opposed each will control 5 minutes. solar. As almost everybody knows, the ment. The Chair recognizes the gentleman sun doesn’t shine 24 hours a day and I will yield time to the ranking mem- from Washington. the wind doesn’t blow all the time. ber, Mr. FRELINGHUYSEN. Mr. HASTINGS of Washington. Mr. Because of these indisputable facts, Mr. FRELINGHUYSEN. I thank the Chairman, I yield myself 4 minutes. wind and solar energy need a backup, gentleman for yielding. Let me, Mr. Mr. Chairman, I rise to offer an or a firmed-up, in energy speak, as a Chairman, associate myself again with amendment that seeks to expand hy- base resource. In my home region of Chairman PASTOR’s remarks. I’ve been dropower in the western United States. the Pacific Northwest, the Federal to Congressman HASTINGS’ district. For almost a century, Western commu- dams are the models of the backup When he talks about hydropower, he nities have benefited from this low- electricity generation when it comes to knows what he’s talking about. He’s cost, renewable and emissions-free re- wind generation. obviously been a strong proponent of source. In fact, in December of last year, nuclear power. In today’s environment, where talk some of the turbines didn’t produce So we’re pleased to accept the centers around the need to provide electricity, wind turbines, for 11 amendment. Thank you for recognizing clean and environmentally friendly straight days. Yet the only reason that me. power, there is a clear need to promote the lights stayed on was because of the Mr. PASTOR of Arizona. We support the original renewable energy, which is backup electricity provided by hydro- the amendment, and yield back the moving water. This amendment is a power. balance of our time.

VerDate Mar 15 2010 14:39 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00035 Fmt 0688 Sfmt 0634 E:\BR09\H15JY9.001 H15JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD July 15, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 13 17867 b 1415 of the drought in California, which, un- 560,000 acre-feet of water to the west Mr. HASTINGS of Washington. I fortunately, could last a fourth and a side that otherwise would not be there yield myself the balance of my time. fifth year. in these drought conditions, on top of, I thank the gentleman, the distin- Water in California has traditionally sadly, what has been a 10 percent allo- guished subcommittee chairman and not been a partisan issue. My col- cation of water. Together, that has the distinguished ranking member for leagues, Congressmen RADANOVICH, provided nearly 700,000 acre-feet to the accepting this amendment. NUNES, MCCARTHY, and CARDOZA and I very dry west side. I just simply wanted to point out have worked together on many of these I want to thank all of those who have that had we been under regular order, issues. I hope that that tradition will been a part of it: Leadership, STENY we could have probably enhanced hy- continue. HOYER; the Secretary of the Interior, dropower with the two other amend- The drought has been devastating. who visited at our request last month ments that were not made in order. These two pictures reflect ground zero, to the Valley; Secretary Salazar and But nevertheless, this is an impor- which is in my district, in which we his Deputy Secretary Hayes and Com- tant step. It is something that we need have farm communities that have 30 to missioner Connor, all of whom have to recognize, because I firmly believe 40 percent unemployment, food lines in been designated as a part of a drought task force team with Secretary that an energy plan that includes all of Mendota that I have helped provide Vilsack, the Secretary of Agriculture, the above is what the American people food for for those farmworkers, who are because God forbid this drought could understand and what they accept. some of the hardest working people last a fourth or a fifth year, in which And with that, I appreciate the gen- you will ever meet in your life. all of California would be rationing tleman for accepting my amendment. The picture next to that shows fallow water. I yield back my time. fields, over 300,000 acres this year, on Today, my district is ground zero, The CHAIR. The question is on the which family farmers, in second and along with Congressman CARDOZA’s dis- amendment offered by the gentleman third generation, are in fear and frus- tration of losing their farms. trict, but next year it could be far from Washington (Mr. HASTINGS). worse. So we will continue to work The question was taken; and the These two amendments, taken to- gether, are important. Congressman with Chairman OBEY and other mem- Chair announced that the ayes ap- bers of the Appropriations Committee. peared to have it. CARDOZA deserves a great deal of credit and effort for working very hard. These I want you to know that the San Mr. FRELINGHUYSEN. Mr. Chair- Luis-Delta Water Authority supports man, I demand a recorded vote. two amendments are not a silver bul- let, but they are part of an overall ef- these amendments, along with the The CHAIR. Pursuant to clause 6 of Friant Water Authority and most of rule XVIII, further proceedings on the fort to provide incremental additional water to our valley. the water agencies in California, be- amendment offered by the gentleman cause they understand that this from Washington will be postponed. Amendment 93 provides $10 million for drought relief to the San Joaquin amendment, along with the next PART A AMENDMENT NO. 5 OFFERED BY MR. Valley to fund two important projects amendment, is part of that incre- COSTA mental effort to bring water to a The CHAIR. It is now in order to con- that we have identified on our list of things to do. The Two Gates project drought-stricken area in California sider amendment No. 5 printed in part that could be, next year, the rest of the A of House Report 111–209. that we have strong support through- out the State on that, if implemented State. Mr. COSTA. Mr. Chairman, I have an I reserve the balance of my time. amendment at the desk. this November, we believe, could act as Mr. FRELINGHUYSEN. Mr. Chair- The CHAIR. The Clerk will designate real relief to allow the Federal and man, I claim time in opposition, the amendment. State operating—Federal projects and though I am not in opposition to the The text of the amendment is as fol- the pumps to operate as they were in- gentleman’s amendment. lows: tended to. The pumps have operated The CHAIR. Without objection, the Part A amendment No. 5 offered by Mr. intermittently and sometimes have gentleman from New Jersey is recog- COSTA: been shut down this year. Today, thank nized for 5 minutes. Page 18, line 14, after the dollar amount, God, they are operating at near full ca- There was no objection. insert ‘‘(increased by $10,000,000)’’. pacity. But that will not continue on Mr. FRELINGHUYSEN. Let me say Page 19, line 9, after the dollar amount, in- next year if a biological opinion is im- that while I am supportive of this sert ‘‘(reduced by $10,000,000)’’. plemented that I think is flawed, as amendment, it is Congressman DEVIN The CHAIR. Pursuant to House Reso- does my colleague. NUNES who’s been on this floor repeat- lution 645, the gentleman from Cali- The Two Gates project and the Delta- edly calling Members’ attention to the fornia (Mr. COSTA) and a Member op- Mendota Canal Aqueduct Intertie fund- catastrophic situation in California, posed each will control 5 minutes. ing will provide, in this amendment, and I’m admiring of both Representa- The Chair recognizes the gentleman money for the Secretary of the Inte- tives COSTA and CARDOZA’s effort. But from California. rior, within the Central Valley Project, it’s been DEVIN NUNES who’s been real- Mr. COSTA. I yield to the gentleman to be used to implement both a Two ly carrying this issue in a very visible from Arizona (Mr. PASTOR), the chair- Gates and the Intertie project. way. He went to try to get three man of the subcommittee, to speak on In addition to that, this amendment amendments in order before the Rules behalf of the amendment. provides a resolution to the giant gar- Committee yesterday afternoon and Mr. PASTOR of Arizona. I would just ter snake issue which has long been an evening, and he was denied that oppor- like to inform the gentleman that we impediment to water transfers. It gives tunity. are supportive of his amendment. the Bureau of Reclamation flexibility But I’m no expert on California Mr. COSTA. I want to thank the sub- needed to facilitate water transfers water, but let’s give credit all around committee chair and those Members throughout counties in the Central to Members of Congress that have who have worked very hard on our be- Valley Project area. stood up on this issue to articulate half. This amendment, along with the Lastly, I want to commend my col- their position, indeed, their passionate next amendment offered by my col- league and thank Congressman CAR- position. league and friend, Congressman CAR- DOZA, my colleague, for his hard work I support the amendment, but I cer- DOZA, should be taken as two amend- on this issue. As a result of our efforts tainly want to recognize all members ments because they are both part of an beginning in January working with the of the California delegation, and since overall effort that many of us from the Westlands Water Agency, with the San Mr. NUNES’ name was not mentioned in Valley delegation have been working Luis unit and others, we have provided, earlier comments, I would certainly on for over the last year on a bipar- together, with the State of California like to highlight his role making this a tisan basis to deal with the third year and the Bureau of Reclamation, over priority for our attention.

VerDate Mar 15 2010 14:39 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00036 Fmt 0688 Sfmt 0634 E:\BR09\H15JY9.001 H15JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD 17868 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 13 July 15, 2009 I yield back. to transfer water beyond county lines 100 transfers, totaling 263,000 acre-feet Mr. COSTA. For the record, I indi- has created incredible impediments to of water to address shortages in the cated that, traditionally, water has efficient and practical water use in our San Joaquin Valley. been a bipartisan issue, and I said for State. This amendment will allow Reclamation has also accommodated over a year now, Congressmen RADANO- those transfers to occur beyond these a rescheduling request by Westside and VICH, NUNES, MCCARTHY, CARDOZA and county lines so that water users who other Central Valley Water Project myself, the five of us, have been work- have enough supply in one county will contractors to allow them to preserve ing on a bipartisan basis. And I said I be able to use it in another county to and use prior year allocations in the hope it continues to work on a bipar- help their fellow farmers. sum of 250,000 acre-feet in San Luis tisan basis. As Mr. COSTA indicated, the amend- Reservoir and 57,000 acre-feet in I yield back the balance of my time. ments also direct the Secretary to im- Millerton Lake. Secretary Salazar has The CHAIR. The question is on the plement recovery plans for the giant also asked Deputy Secretary Hayes to amendment offered by the gentleman garter snake, an endangered species. coordinate Federal efforts related to from California (Mr. COSTA). The recovery plan will remove the bu- California water issues. The amendment was agreed to. reaucratic red tape that prevents water So I just want to commend the ad- PART A AMENDMENT NO. 6 OFFERED BY MR. projects from moving forward, while ministration for their diligence in try- CARDOZA. also protecting this important species. ing to address the issues in California. The CHAIR. It is now in order to con- We could not be here today working Mr. CARDOZA. Mr. Chairman, how sider amendment No. 6 printed in part on these problems if it wasn’t for the much time do I have remaining? A of House Report 111–209. work of the chairman, Mr. PASTOR, for The CHAIR. The gentleman from Mr. CARDOZA. Mr. Chairman, I have Mr. OBEY, for the cooperation that the California has 1 minute remaining. an amendment at the desk made in entire Valley delegation has shown on Mr. CARDOZA. Mr. Chairman, I order under the rule. this issue. Mr. COSTA has indicated would like to yield 15 seconds to the The CHAIR. The Clerk will designate that because of the efforts that we chairman of the committee. the amendment. have employed, we have provided our Mr. PASTOR of Arizona. I just want The text of the amendment is as fol- farmers with 500,000 acre-feet that they to indicate to my friend, DENNIS CAR- lows: wouldn’t have had otherwise under the DOZA, that we will be supportive of his amendment. Part A amendment No. 6 offered by current rules. I want to specifically also indicate Mr. CARDOZA. Mr. Chairman, I Mr. CARDOZA: would like to thank the chairman. As I Page 22, after line 15, insert the following: my sincere appreciation to Majority said before, without his help, we could SEC. 203. CENTRAL VALLEY PROJECT.— Sec- Leader HOYER, who has been steadfast not have made these amendments in tion 3405(a)(1)(M) of Public Law 102–575 is in his support of Mr. COSTA and me try- amended— ing to move this effort forward. order and brought them to the floor. I (1) by striking ‘‘countries’’ and inserting At this time, Mr. Chairman, I would think these amendments offer signifi- ‘‘counties’’; and like to yield 2 minutes to the gen- cant opportunities to the Central Val- (2) by inserting ‘‘a transfer between a San ley. They are not a panacea. They are tleman from Colorado (Mr. SALAZAR), Joaquin River Exchange Contractor and a not going to cure every problem. We Friant Division contractor, a transfer be- who has also been a diligent supporter of our efforts and has been concerned, have more work to do. tween a San Joaquin River Exchange Con- But, in closing, I want to thank Sec- tractor and a south-of-Delta CVP agricul- has actually visited our district, and I retary Salazar for taking time out, tural water service contractor, and a trans- greatly appreciate his help and sup- coming and visiting our valley, under- fer between a Friant Division contractor and port. a south-of-Delta CVP agricultural water Mr. SALAZAR. First of all, I want to standing the problem. We have a lot of service contractor,’’ after ‘‘under California thank you for your diligence in trying work to do with the Department of the law,’’. Interior, the Bureau of Reclamation, SEC. 204. DRAFT RECOVERY PLAN.— The to help the agricultural community in California. but with continued work and coopera- Secretary of the Interior, acting through the tion, I think we will make significant Director of the Fish & Wildlife Service, is di- On June 28 of 2009, Mr. Chairman, at progress on the significant challenges rected to expeditiously revise, finalize, and the request of Congressman COSTA and that we face in the Central Valley. implement the Draft Recovery Plan for the Congressman CARDOZA, the Secretary With that, Mr. Chairman, I would ask Giant Garter Snake (Thamnophis gigas). of the Interior, Secretary Salazar and for an ‘‘aye’’ vote of my colleagues. The CHAIR. Pursuant to House Reso- Deputy Secretary Hayes, Reclamation lution 645, the gentleman from Cali- Commissioner Connor held a public b 1430 fornia (Mr. CARDOZA) and a Member op- meeting to address the issues of the Mr. FRELINGHUYSEN. Mr. Chair- posed each will control 5 minutes. drought in California. man, I rise in opposition, though I am The Chair recognizes the gentleman But previous to that, I want to also not in opposition to the gentleman’s from California. thank the administration for pre- amendment. Mr. CARDOZA. Mr. Chairman, I rise viously working on issues, because The CHAIR. Without objection, the today in strong support of the amend- they understood that the drought was gentleman from New Jersey is recog- ment, an amendment that makes tech- of deep concern to this country. nized for 5 minutes. nical changes to allow water transfers In April of 2009, the Department an- There was no objection. in the Central Valley of California. nounced the allocation of $220 million Mr. FRELINGHUYSEN. Mr. Chair- This amendment takes a significant of ARRA funding from the Bureau of man, I served on the Energy and Water step towards addressing the impacts of Reclamation for water and environ- Committee when I was first elected to the water supply crisis in the San Joa- mental infrastructure projects in Cali- Congress in 1994. I took a 2-year hiatus quin Valley. fornia. Of this amount, $160 million was when I chaired the D.C. Committee, This is a companion amendment to directed to projects to address needs of working with Mr. FATTAH as ranking the one that Mr. COSTA and I just in- the Central Valley. Allocation of $40 member. troduced. Mr. COSTA is my coauthor of million will be made for drought relief There is a water crisis out in your this amendment. And together, these actions, most of which will go to Cali- neck of the woods, and we are respect- two amendments, in fact, do work to fornia, with final awards coming very, ful that Republicans and Democrats help us deal with the incredibly signifi- very soon. didn’t work together on these issues. I cant crisis that we have in the Central Reclamation has released $134 mil- have to say I’m hugely disappointed at Valley. People are suffering greatly. lion in water recycling and water reuse your lack of inclusiveness. You may be Currently, the Bureau of Reclama- grants, of which $120 million was allo- spitting mad at Congressman DEVIN tion restricts certain water transfers cated to communities of California. NUNES. Yet, for many Members of Con- to intracounty transfers. The inability Reclamation has also processed over gress, he put a human face on the

VerDate Mar 15 2010 14:39 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00037 Fmt 0688 Sfmt 0634 E:\BR09\H15JY9.001 H15JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD July 15, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 13 17869 water crisis out there. I’m not going to States. With adequate support, by 2020, pendency on foreign oil. If we continue get into the issues of biological studies that could grow to 10 billion gallons, at the pace we’re heading right now, and things of that nature, but you at but the NGV industry is made up of over the next 10 years, we will see a least ought to give your congressional mostly small companies. In order for transfer of $10 trillion of our money to colleague from California credit for the industry to achieve that growth po- countries like Saudi Arabia and Ven- raising this issue. tential in the timeframe we need, more ezuela, and many of those are not He tried to raise the issue, but quite research is needed for vehicle integra- friends of ours. So this is a great step honestly, he was voted down on the tion, deployment, engine development, in the right direction. floor a number of times. When he went and cost reductions. I want to congratulate Mr. BOREN on to the Rules Committee, his amend- In 1992, Congress authorized a Vehi- the amendment. You’re doing good ments were not put in order. Yours cle Technologies Program to fund a work. were. Basic courtesy would have called wide range of research activities on Mr. BOREN. Mr. Chairman, I am for his name to at least be mentioned passenger vehicles and heavy-duty going to reserve the balance of my as he rose to the floor today. trucks. The program’s mission is to de- time. I yield back the balance of my time. velop leapfrog technologies that will Mr. FRELINGHUYSEN. Mr. Chair- The CHAIR. The question is on the provide Americans with greater free- man, I yield 1 minute to the gentleman amendment offered by the gentleman dom of mobility and energy security from California (Mr. RADANOVICH). Mr. RADANOVICH. Mr. Chairman, I from California (Mr. CARDOZA). while lowering costs and reducing im- am using this opportunity to speak for The amendment was agreed to. pacts on the environment. Though nat- the amendment that was previous be- ural gas vehicle research was funded PART A AMENDMENT NO. 7 OFFERED BY MR. cause I was not able to get out of com- BOREN through this program until fiscal year mittee to come down for the debate. The CHAIR. It is now in order to con- 2005, since then, there have been no I want to rise in support of the Car- sider amendment No. 7 printed in part DOE activities in this area. doza amendment. As you are well A of House Report 111–209. My amendment would add $5 million aware, California is in the midst of a Mr. BOREN. Mr. Chairman, I have an in funding to this account for natural devastating manmade drought. Any ac- amendment at the desk. gas vehicle research. This is a rel- tion to alleviate the drought faced by The CHAIR. The Clerk will designate atively small investment for some- the San Joaquin Valley is needed. Fa- the amendment. thing that could easily move America cilitating transfers of water from areas The text of the amendment is as fol- towards a cleaner and independent en- of California that have water to spare lows: ergy future. I hope my colleagues will and sending it to the wetlands in the Part A amendment No. 7 offered by join me in launching a new direction in San Joaquin Valley is a good start, but Mr. BOREN: transportation fuel by supporting this we must have increased pumping out of Page 23, line 2, after the dollar amount in- amendment. the Delta. sert ‘‘(increased by $5,000,000)’’. I would like to yield to my friend I would like to commend my col- Page 35, line 15, after the dollar amount in- from Arizona (Mr. PASTOR). leagues Mr. CARDOZA, Mr. COSTA and sert ‘‘(reduced by $5,000,000)’’. Mr. PASTOR of Arizona. First of all, Mr. NUNES for their hard work and for Page 36, line 9, after the dollar amount in- I would like to thank the gentleman sert ‘‘(reduced by $5,000,000)’’. their efforts in offering solutions to the for yielding, and I would also like to drought in California. The CHAIR. Pursuant to House Reso- thank him for bringing this amend- In the meantime, temporary solu- lution 645, the gentleman from Okla- ment. tions such as the Two Gates and the homa (Mr. BOREN) and a Member op- This amendment funds research and Canal Intertie projects are necessary to posed each will control 5 minutes. development for one of the small hand- keep farmers in the San Joaquin Val- The Chair recognizes the gentleman ful of technologies that may reduce the ley farming. These projects must be from Oklahoma. Nation’s dependence on foreign oil. constructed and online by this fall in Mr. BOREN. I yield myself as much This increase in funding is consistent order to provide any relief to this ter- time as I may consume. with the committee’s efforts in this rible drought. Mr. Chairman, my colleagues may be bill to address rising gasoline prices. The only way to keep the State of familiar with an initiative I have been So I tell my dear friend from Okla- California strong is to change the working on, the NAT GAS Act, to pro- homa that we rise in support of his water infrastructure. The California mote the use of natural gas fueled vehi- amendment. water system cannot continue as it is. cles, particularly to replace tradition- Mr. BOREN. Thank you so much. I If there are no changes, we will con- ally fueled heavy- and light-duty reserve the balance of my time. tinue to see escalating unemployment trucks. I am a strong proponent of nat- Mr. FRELINGHUYSEN. Mr. Chair- rates of over 40 percent and the deple- ural gas as an alternative fuel source man, I rise to claim time in opposition, tion of the agriculture industry. because it is clean, abundant, cheap but I am not in opposition to the gen- Mr. BOREN. Mr. Chairman, I con- and readily available, and best of all, tleman’s amendment. tinue to reserve the balance of my as T. Boone Pickens says, it’s ours. Ac- The CHAIR. Without objection, the time. cording to a study by the Department gentleman from New Jersey is recog- Mr. FRELINGHUYSEN. Mr. Chair- of Energy, it is feasible to produce bio- nized for 5 minutes. man, I am pleased to recognize for 1 methane from landfills, sewage and There was no objection. minute the gentleman from Oklahoma animal waste, so one could even argue Mr. FRELINGHUYSEN. I yield 1 (Mr. SULLIVAN). that it is renewable. minute to the gentleman from Indiana Mr. SULLIVAN. Mr. Chairman, I rise As we continue efforts to drive our (Mr. BURTON). in support of the Boren amendment. country towards a cleaner transpor- Mr. BURTON of Indiana. Mr. Chair- This amendment would provide $5 mil- tation sector, natural gas vehicles are man, I rise in very strong support of lion to fund natural gas vehicle re- a natural fit. There is no single silver the amendment. search and development at the Depart- bullet solution to our transportation We really need to move toward using ment of Energy. energy dilemma. All available alter- natural gas. It is a clean-burning fuel, Natural gas is the bridge fuel toward natives to petroleum must be used in and we have a huge supply of it in this decreasing our dependence on foreign the marketplace and in an application country. In fact, down in Louisiana sources of oil and for putting our Na- where they make the most sense. For just recently, they discovered probably tion on a path to energy independence. many of these applications, that means one of the biggest finds of natural gas We have a proven reserve of natural natural gas. in the whole world. gas right here in the United States. We In 2008, NGVs displaced 250 million As I said, it is a clean-burning fuel, have enough known natural gas re- gallons of petroleum in the United and we need to transition from our de- serves to last us more than a century.

VerDate Mar 15 2010 14:39 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00038 Fmt 0688 Sfmt 0634 E:\BR09\H15JY9.001 H15JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD 17870 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 13 July 15, 2009 As a matter of fact, 98 percent of the amendment for natural gas vehicle research. the St. Clair River under the Blue natural gas we consume is produced Natural gas has an important role to play in Water Bridge in Port Huron, Michigan, right here in North America. In addi- United States energy policy because it is more and I have been amazed at the swift- tion to our vast supply, we already domestically abundant and cleaner-burning ness and the consistency with which have a way to get natural gas to the than traditional transportation fuel. We cannot that water moves. consumer with over 1.5 million miles of afford to continue sending billions of dollars I believe that the energy created by natural gas pipeline distribution across overseas while neglecting the vast energy re- that water-flow is a source of energy the country. sources right here in America. It is critical to that we must do more to harness for Natural gas vehicle technology is our long-term economic prosperity that we in- the use of our people and for industry. readily available in Europe, South vest in our own domestic sources of energy. To that end, Mr. Chairman, my amend- America and Asia, with nearly 10 mil- By increasing research and development fund- ment would increase by $10 million the lion natural gas vehicles in circulation ing for natural gas vehicles we can ensure Water Power Energy Program within worldwide. General Motors and Ford American innovation moves us toward greater the Department of Energy. Increasing currently make 18 different models for energy security while decreasing our carbon this vitally important program by $10 purchase overseas, yet have fewer than emissions. I urge all my colleagues to support million will restore that program back 150,000 natural gas vehicles here in the Congressman BOREN’s amendment to in- to FY 2009 funding levels. United States. We must increase our crease funding for the DOE’s Energy Effi- The Water Power Energy Program research and development funding in ciency and Renewable Energy Vehicle Tech- within the Department of Energy is this amendment, which it seeks to do. nologies program for natural gas vehicle re- such an important program to our Mr. BOREN. Mr. Chairman, I want to search. overall goal of reducing our dependence thank my colleague from Oklahoma Mr. BOREN. I yield back the balance on fossil fuels and of becoming a Na- (Mr. SULLIVAN), who has been a real of my time. tion more reliant on renewable and leader in this effort for natural gas ve- The CHAIR. The question is on the green sources of energy. The Water hicles. amendment offered by the gentleman Power Energy Program is a program We have got one more speaker on our from Oklahoma (Mr. BOREN). designed to develop, test and evaluate side, I think, so I am going to continue The question was taken; and the new water technologies and to address to reserve the balance of my time. Chair announced that the ayes ap- barriers to the development of Mr. FRELINGHUYSEN. Mr. Chair- peared to have it. hydrokinetics and hydropower. The man, I am pleased to recognize for 1 Mr. FRELINGHUYSEN. Mr. Chair- program conducts important research minute the gentlewoman from Ten- man, I demand a recorded vote. and development, and it deploys new nessee (Mrs. BLACKBURN). The CHAIR. Pursuant to clause 6 of innovative water technologies in order Mrs. BLACKBURN. Mr. Chairman, rule XVIII, further proceedings on the to get those products out on the mar- while I support the Boren amendment, amendment offered by the gentleman ket in an expedient, cost-efficient and I do rise in opposition to the manager’s from Oklahoma will be postponed. environmentally responsible manner. amendment and to some provisions PART A AMENDMENT NO. 8 OFFERED BY MRS. Additionally, this program allows for that are there. MILLER OF MICHIGAN the testing and modeling of existing It strikes me that the manager’s The CHAIR. It is now in order to con- technologies. Hydropower technology amendment results in an earmark for sider amendment No. 8 printed in Part has literally been around for hundreds the Big Three automakers. What it A of House Report 111–209. of years, beginning with the earliest does is to stipulate that the alternative Mrs. MILLER of Michigan. Mr. waterwheels and then water mills, fuel cars have to be bought from them. Chairman, I have an amendment at the which helped produce flour from What it does is to ignore the many desk made in order under the rule. grains, sawing timber and powering other American citizens and taxpayers The CHAIR. The Clerk will designate textile plants, to today’s more ad- who produce American-made passenger the amendment. vanced technologies, from vehicles in this Nation, but they are The text of the amendment is as fol- hydroelectricity to harnessing wave manufacturers that are not the Big lows: and tidal power. Three. Part A amendment No. 8 offered by Mrs. b 1445 I view this as being something that is MILLER of Michigan: bad policy. It is bad environmental pol- Page 23, line 2, after the dollar amount, in- Hydropower currently accounts for icy. It is bad appropriations policy. It sert ‘‘(increased by $10,000,000)’’. approximately 19 percent of the world’s is bad economic policy. There are 209 Page 35, line 15, after the dollar amount, electrical needs and produces no harm- vehicles, Alternative Fuel Vehicles, insert ‘‘(reduced by $10,000,000)’’. ful emissions, but it accounts for less that are going to be purchased to go Page 36, line 9, after the dollar amount, in- than 6 percent of the total United into these different agencies as stipu- sert ‘‘(reduced by $10,000,000)’’. States’ electricity needs. Compare that lated in this bill. The way this man- The CHAIR. Pursuant to House Reso- to our neighbor to the north, Canada, ager’s amendment is written, it is an lution 645, the gentlewoman from who uses hydropower to meet 61 per- earmark for the Big Three, which have Michigan (Mrs. MILLER) and a Member cent of its energy needs. While hydro- already received billions of bailout opposed each will control 5 minutes. power only accounts for less than 6 per- money. The Chair recognizes the gentle- cent, as I said, here in the United Mr. BOREN. Mr. Chairman, I firmly woman from Michigan. States, it makes up 71 percent of our believe that these changes will greatly Mrs. MILLER of Michigan. Mr. total renewable electricity and pro- help the integration of cleaner natural Chairman, you know there has been a duces enough electrical power to power gas vehicles in the marketplace. I great deal of discussion for decades, 28 million households. think that we have a real opportunity really, about the issue of energy, spe- There are two examples from the today to invest in a cleaner inde- cifically the need for our Nation to great State of Michigan where this pendent energy future for America and generate and to utilize renewable and technology is being examined and to move away from our dependence on clean energy. needs to be looked at further, I think, foreign oil. I have lived my entire life on the Mr. Chairman. I already mentioned the I want to thank my colleagues on the shores of the magnificent Great Lakes, St. Clair River, but I should also men- other side, especially my friend JOHN and I have spent an awful lot of time tion the Detroit River. These rivers are SULLIVAN from Oklahoma. I want to boating as well on those magnificent known for their very strong currents, thank the chairman for accepting our waterways. I have always been awed by moving along at approximately 6-plus amendment. the power of that water, flowing from knots. Water from Lake Huron funnels Ms. MARKEY of Colorado. Mr. Chair, I rise Lake Superior all the way to the At- down into the St. Clair River through today in support of Congressman BOREN’s lantic Ocean, actually. I have watched Lake St. Clair and then quickens again

VerDate Mar 15 2010 14:39 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00039 Fmt 0688 Sfmt 0634 E:\BR09\H15JY9.001 H15JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD July 15, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 13 17871 through the Detroit River before enter- Mr. PASTOR of Arizona. I yield back LDRD is equally relevant to our goal ing Lake Erie, where that energy is the balance of my time. of energy independence. An LDRD currently just dissipating. This tech- The CHAIR. The question is on the project developed a manufacturing nology can be put to work in rivers, amendment offered by the gentle- process that will substantially reduce harbors and other coastal areas to cap- woman from Michigan (Mrs. MILLER). the cost of highly efficient LED ture energy from currents and tides. The question was taken; and the lightbulbs. These LED lightbulbs have The best part is that this can be Chair announced that the ayes ap- the potential to decrease electricity achieved with minimal impact on our peared to have it. consumed in lighting by a full 50 per- environment or the flow of the river. Mr. FRELINGHUYSEN. Mr. Chair- cent by 2025. This will translate into Harnessing this energy will create a man, I demand a recorded vote. meaningful cuts in utility bills for our truly renewable and green source of The CHAIR. Pursuant to clause 6 of working families and real savings for clean energy. rule XVIII, further proceedings on the our small businesses. Energy independ- Mr. Chairman, again, there has been amendment offered by the gentle- ence is a critical element of our na- a lot of interest, a lot of talk about al- woman from Michigan will be post- tional security, and LED efficiency ternative energy sources in the past poned. will significantly reduce our demand week. I have heard many express PART A AMENDMENT NO. 9 OFFERED BY MR. for energy. These advancements rep- strong support for wind power, and I HEINRICH resent just two examples of the mul- certainly share their enthusiasm for The CHAIR. It is now in order to con- tiple innovative science and tech- that energy source. But I will remind sider amendment No. 9 printed in part nology achievements made through my colleagues that sometimes the wind A of House Report 111–209. LDRD initiatives. doesn’t blow, but the water always Mr. HEINRICH. Mr. Chair, I have an Under the 2009 Omnibus Appropria- flows. With that, I would ask all of my amendment at the desk made in order tions bill, our labs were granted au- colleagues to support this amendment. under the rule. thority to use up to 8 percent of their I yield back the balance of my time. The CHAIR. The Clerk will designate budgets for LDRD initiatives, yet the Mr. PASTOR of Arizona. Mr. Chair- the amendment. bill before us today would reduce that man, I rise to claim the time in opposi- The text of the amendment is as fol- amount for 2010 to only 6 percent. My tion, though I am not in opposition and lows: amendment would allow our labs to staying with the flow. Part A amendment No. 9 offered by Mr. dedicate up to 7 percent of their budg- The CHAIR. Without objection, the HEINRICH: ets to LDRD. It is important to note gentleman is recognized for 5 minutes. In section 307, strike ‘‘6 percent’’ and in- that my amendment does not require sert ‘‘7 percent’’. There was no objection. any additional spending, as the LDRD Mr. PASTOR of Arizona. First of all, The CHAIR. Pursuant to House Reso- funding percentage is derived from the to the manager’s amendment and the lution 645, the gentleman from New labs’ overall funding level, nor does my issue about the purchasing of cars, I Mexico (Mr. HEINRICH) and a Member amendment cut any other program. have been told that the current GSA opposed each will control 5 minutes. Simply put, my amendment encourages policy that has jurisdiction in the pur- The Chair recognizes the gentleman innovative research and development chasing of cars over the agencies in from New Mexico. that will promote our national security which this committee has jurisdiction Mr. HEINRICH. Mr. Chairman, I offer and help us to reach our goal of energy thereof, that we have just restated that this amendment in strong support of independence. I urge my colleagues to policy. It was not intended to be an research and development at our na- support this amendment. tional laboratories. Specifically, my earmark. It was not intended to do I yield to the gentleman from Ari- amendment provides a 1 percent in- anything different. It is not author- zona. izing on an appropriation bill. It’s a re- crease in the Laboratory Directed Re- Mr. PASTOR of Arizona. Mr. Chair, statement of GSA policy. If there is a search and Development, which is com- may I inquire how much time I have. reason to be against it, it would be be- monly referred to as LDRD. LDRD in- cause it was redundant. But we did not creases the ability of laboratories to The CHAIR. The gentleman from 1 create any new legislation. We are just retain expertise and pursue innovative New Mexico has 2 ⁄2 minutes remaining restating GSA policy as it concerns projects by providing additional discre- on his time. purchase of cars under the agencies. tion for Department of Energy labora- Mr. PASTOR of Arizona. Mr. Chair- I rise in support of this amendment tories to select research activities. man, first of all, I’d like to thank the from the gentlelady from Michigan. In These high-risk, high-reward projects gentleman from New Mexico for yield- this bill the committee supports strong yield cutting-edge advancements in ing to me and to inform him that we investment in renewable energy tech- science and technology and produce will support the amendment as offered. nologies, such as solar, wind and geo- some of our most successful research However, I have some concerns about thermal power. Water power is an im- and development initiatives. These are increasing the percentage of labora- portant piece of this renewable port- projects with an immediate relevance tory-directed research at this time. I folio. Refining conventional hydro- and a direct impact on national secu- hope that this increase in lab directed power technologies can increase the ef- rity and our goal of energy independ- research and development will, in this ficiency of our Nation’s hydropower ence. Many LDRD projects have formed tight budget environment, produce a dams and cost-effectively increase the basis of some of the national labs’ net increase in the national security clean power generation without the most successful research initiatives. output of the laboratories. I look for- need for new dams. Research and devel- For example, at Sandia National Lab- ward to working with you to ensure opment of technologies that use waves, oratories in my district, an LDRD re- this increase is tightly mission-ori- tides and streams for power can deliver searcher developed the chemistry for a ented and will be compatible with a new source of virtually untapped re- decontamination foam that is used by meeting other challenges of the labora- newable energy. So we continue to be our military to protect us against tories. With that, I will inform you with the flow and support the young chemical and biological attacks. In that we are supporting this amend- lady’s amendment. fact, this was the foam that was used ment. I yield to the gentleman from New to decontaminate the Senate Hart Of- Mr. HEINRICH. I thank the gen- Jersey. fice Building after the anthrax attacks tleman from Arizona. Mr. FRELINGHUYSEN. I want to of 2001. We know all too well that those I reserve the balance of my time. commend Mrs. MILLER for being a who wish our country harm are con- Mr. FRELINGHUYSEN. Mr. Chair- strong and articulate advocate, and I stantly adapting their methods, mak- man, I rise to claim time in opposition, support her amendment. I thank the ing these LDRD projects vitally impor- though I am not in opposition to the gentleman for yielding. tant to our national security. amendment.

VerDate Mar 15 2010 14:39 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00040 Fmt 0688 Sfmt 0634 E:\BR09\H15JY9.001 H15JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD 17872 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 13 July 15, 2009 The CHAIR. Without objection, the Part A amendment No. 10 offered by Mr. vision the gentleman is amending re- gentleman from New Jersey is recog- CAO: quires the Nuclear Regulatory Com- nized for 5 minutes. Page 62, line 15, strike ‘‘90’’ and insert mission to provide a report on improv- There was no objection. ‘‘60’’. ing its licensing procedure by reducing Mr. FRELINGHUYSEN. Mr. Chair- The CHAIR. Pursuant to House Reso- the time for submission of the report man, I would like to associate my com- lution 645, the gentleman from Lou- to Congress from 90 days to 60 days. ments with Chairman PASTOR. These isiana (Mr. CAO) and a Member opposed This should improve the NRC’s respon- are tight budget times, and I think we each will control 5 minutes. siveness to Congress and provide more worked hard to provide the right bal- The Chair recognizes the gentleman timely information to the Congress on ance for priorities on our Energy and from Louisiana. measures that can be taken to improve Water bill. Many of us would have Mr. CAO. Thank you. the regulatory process. liked much more, shall we say, money Mr. Chair, I submitted an amend- I yield to the gentleman from New spent on the safety and security of our ment to H.R. 3183, the Energy and Jersey. nuclear weapons stockpile; but quite Water Appropriations bill, to reduce Mr. FRELINGHUYSEN. We support honestly, that was not to be. We all the amount of time the Nuclear Regu- the gentleman from Louisiana’s had to compromise, and this package is latory Commission has to report to amendment and commend him. It’s ac- a fair, balanced one. Congress. The purpose of this amend- tually a perfecting amendment of what A few comments about the LDRD, ment is to encourage agencies to be Mr. KINGSTON had in the full com- the Lab Directed R&D programs. These good partners in the regulatory process mittee. So we commend you for your programs often allow our laboratories by completing their requirements to efforts and support it. Thank you for to skirt congressional priorities laid report to Congress for oversight in a yielding. out in our legislation. Historically timely manner. Mr. PASTOR of Arizona. We are in these funds have been used by labs to What is the motivation for this support of the amendment. amendment? During the last adminis- perform research and development on b 1500 issues that at times are not at all ger- tration the agency was charged with mane to the Department of Energy. I identifying ways to streamline its li- I yield back the balance of my time. have seen it firsthand. At the same censing and review process. Though the The CHAIR. The question is on the time, these programs can be most inno- Commission stated in a Legal Times amendment offered by the gentleman vative and give our researchers cre- article that it would shorten its review from Louisiana (Mr. CAO). ative opportunities for work. So I don’t time to 30 months, recently a number The question was taken; and the oppose the amendment. But I want to of companies have complained of the Chair announced that the ayes ap- make it clear that all members of the process taking anywhere from 36 to 42 peared to have it. committee, I am sure, will be watching months. Also in June of 2008 the agency Mr. FRELINGHUYSEN. Mr. Chair- very carefully to ensure that these was the subject of a New York Times man, I demand a recorded vote. funds are used to support the mission article on lengthy delays in its proc- The CHAIR. Pursuant to clause 6 of of the department. essing at Yucca. It cited a lack of funds rule XVIII, further proceedings on the I yield back the balance of my time. to complete the process. amendment offered by the gentleman Mr. HEINRICH. I want to add real In this appropriations bill, the NRC from Louisiana will be postponed. quickly that the gentleman mentioned is to provide a report to Congress re- PART A AMENDMENT NO. 11 OFFERED BY MRS. our nuclear stockpile. One of the other garding streamlined issuance of con- BLACKBURN LDRD programs that I think was par- struction for new nuclear reactors. As The CHAIR. It is now in order to con- ticularly important was the creation written, the agency was given 90 days sider amendment No. 11 printed in part and assembly of safety devices for our to do so. My amendment would reduce A of House Report 111–209. stockpile, like the gel mylar capacitors it to 60. The reporting which must be Mrs. BLACKBURN. Mr. Chairman, I that are used in the W76–1. I think the done by the commission requires it to have an amendment at the desk. bottom line is that these programs rep- report to the Committee on Appropria- The CHAIR. The Clerk will designate resent some of the most cutting-edge tions of the House of Representatives the amendment. research that we do. They are critical and the Senate, identifying barriers to The text of the amendment is as fol- to our national security. They are crit- and its recommendations for stream- lows: ical to our energy independence, and I lining the issuance of a combined con- Part A amendment No. 11 offered by Mrs. would urge the support of my col- struction and operating license for BLACKBURN: leagues. qualified new nuclear reactors. At the end of the bill (before the short title), insert the following: I yield back the balance of my time. In order for Congress to conduct SEC. ll. PERCENTAGE REDUCTION OF TOTAL The CHAIR. The question is on the proper oversight of this agency and FUNDS.—Each amount appropriated or other- amendment offered by the gentleman help it improve its function, the NRC wise made available by this Act that is not from New Mexico (Mr. HEINRICH). must report its findings to Congress in required to be appropriated or otherwise The question was taken; and the an expeditious manner. As we go made available by a provision of law is here- Chair announced that the ayes ap- through the process of reviewing our by reduced by 5 percent. peared to have it. energy needs in this country, it is im- The CHAIR. Pursuant to House Reso- Mr. FRELINGHUYSEN. Mr. Chair- portant that we have the information lution 645, the gentlewoman from Ten- man, I demand a recorded vote. needed to make decisions as quickly as nessee (Mrs. BLACKBURN) and a Member The CHAIR. Pursuant to clause 6 of possible. Therefore, I ask the Members opposed each will control 5 minutes. rule XVIII, further proceedings on the of the House to support this amend- The Chair recognizes the gentle- amendment offered by the gentleman ment. woman from Tennessee. from New Mexico will be postponed. I yield back the balance of my time. Mrs. BLACKBURN. Mr. Chairman, I PART A AMENDMENT NO. 10 OFFERED BY MR. CAO Mr. PASTOR of Arizona. Mr. Chair- rise today on behalf of the American The CHAIR. It is now in order to con- man, I rise to claim the time in opposi- taxpayer to continue my push to rein sider amendment No. 10 printed in part tion, even though I’m not opposed to in Federal spending by just 5 percent. A of House Report 111–209. the amendment. As with the other appropriations Mr. CAO. Mr. Chair, I have an amend- The CHAIR. Without objection, the bills that my colleagues and I have at- ment at the desk. gentleman from Arizona is recognized tempted to amend this year, this pro- The CHAIR. The Clerk will designate for 5 minutes. posal would enforce a 5 percent across- the amendment. There was no objection. the-board cut to the Energy and Water The text of the amendment is as fol- Mr. PASTOR of Arizona. I support appropriations bill. My amendment lows: Mr. CAO’s amendment because the pro- would save the taxpayer $1.7 billion

VerDate Mar 15 2010 14:39 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00041 Fmt 0688 Sfmt 0634 E:\BR09\H15JY9.001 H15JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD July 15, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 13 17873 and reset Energy and Water spending certed bipartisan effort. We ended up ocrat Governor came in and he was levels for the next budget. with a bill that meets the priorities faced with seemingly insurmountable Spending on Energy and Water pro- and supports fiscal responsibility. odds on balancing a budget because we grams has increased by, get this, 183 A reduction of 5 percent would cut have an amendment, he made 9 percent percent over the past 3 years. Under $1.7 billion from the bill and undercut a across-the-board cuts. the majority’s control, spending has in- number of priorities at a time when we We need to do this. We need to make creased 183 percent. The very programs can ill afford to reduce them further. the hard choices of where we are going being funded on the House floor this I do not support the amendment and to spend this money. You can’t say, afternoon have already received $51 bil- urge Members to vote ‘‘no.’’ well, when you exclude this from the lion in stimulus funding and $7 billion I will yield to the ranking member. stimulus, and when you exclude this in supplemental funding this year, this Mr. FRELINGHUYSEN. I also rise in amount of money, when you exclude one year. opposition to the amendment. Cer- this $51 billion from stimulus and this This Congress has already spent more tainly, I commend the gentlewoman for $7 billion from supplemental, then it is than $1 trillion than we have taken in. her hard and repeated attempts to cut only this. Well, guess what? That This trillion-dollar deficit is the larg- the Federal budget. But I agree with money is already spent. You spent the est in American history. In my opin- the chairman that we have a good bill. money. So unless they pay it all back, ion, this deficit represents the height It is well balanced. It has been done in you can’t exclude it. So your fuzzy a bipartisan way. of fiscal irresponsibility and is abso- math doesn’t add up. It doesn’t add up. I worry about indiscriminate cuts to lutely unconscionable. On top of it, You have already spent that money. a bill that affects the protection and many of my colleagues are proposing The person that is being undercut is reliability of our nuclear stockpile. the American taxpayer. And it is being another $1 trillion in government-run That is important. We crafted some done by the selfishness and by the health care spending. good things out of the energy portfolio Every day we are laying more and greed of those who refuse to say ‘‘no’’ which I think are worthy and defen- more debt on the backs of our children sible. This bill also includes funding to a growing, out-of-control Federal and grandchildren. I ask my col- that only begins to address a $1 billion- bureaucracy. I think it is time that we get some leagues: How do we expect these chil- plus retirement pension shortfall backbone on this spending issue. Stop dren and grandchildren, how do I ex- through the individual accounts. That pect my grandsons to pay for college or is something which I commend the the out-of-control deficit. Stop the out- a first home or start a business when chairman for his and staff leadership of-control debt. Vote for the amend- they already owe $70,000 to the Federal on. ment and ‘‘no’’ on the debt. Government? This across-the-board cut would take The CHAIR. The question is on the Mr. Chairman, we have to realize a $1.6 billion bite across each of these amendment offered by the gentle- debt incurred is opportunity denied. initiatives. And I think that would be woman from Tennessee (Mrs. BLACK- My constituents keep telling me, We pretty devastating. BURN). are tired of the government spending As a result, I rise with him to oppose The question was taken; and the money we have not made yet on pro- this amendment. Chair announced that the noes ap- grams we don’t want. Mr. PASTOR of Arizona. I would re- peared to have it. Through this appropriations cycle, I quest that Members vote against this Mrs. BLACKBURN. Mr. Chairman, I have intended to rein in this deficit by amendment, and I yield back my time. demand a recorded vote. cutting spending. And today, again, I Mrs. BLACKBURN. Mr. Chairman, I The CHAIR. Pursuant to clause 6 of will ask the bureaucrats in Washington would remind my good colleagues that rule XVIII, further proceedings on the and their patrons in Congress to trim a this is not Federal Government money. amendment offered by the gentle- nickel from every dollar that they are This is taxpayer money. And every woman from Tennessee will be post- going to spend. year on April 15, the taxpayers send poned. As our deficit and our debt grow to their portion to the Federal Govern- ANNOUNCEMENT BY THE CHAIR historic and dangerous proportions, it ment, and they charge us with looking The CHAIR. Pursuant to clause 6 of is more urgent than ever that we take out after that money. Many times they rule XVIII, proceedings will now re- action and bring spending under con- set aside hopes, dreams and college sume on those amendments printed in trol. educations. They don’t get to pursue House Report 111–209 on which further I reserve the balance of my time. their priorities because they have to proceedings were postponed, in the fol- Mr. PASTOR of Arizona. I rise in op- send the money to Washington. lowing order: position to the amendment of the gen- I find it absolutely incomprehensible Amendment No. 1 by Mr. PASTOR of tlelady from Tennessee. that this body is not willing to turn to Arizona. The CHAIR. The gentleman from Ari- the bureaucrats that line all of these Amendment No. 2 by Mr. CONNOLLY zona is recognized for 5 minutes. streets and these granite buildings and of Virginia. Mr. PASTOR of Arizona. The amend- say, save a nickel out of the dollar. Amendment No. 4 by Mr. HASTINGS of ment proposes a 5 percent reduction to Allow our children and grandchildren Washington. every account in this bill. If you ex- to have opportunities. We have to real- Amendment No. 7 by Mr. BOREN of clude the recovery money, as I men- ize, as I said, debt incurred today is op- Oklahoma. tioned in my opening statement, this portunity denied for these children and Amendment No. 8 by Mrs. MILLER of bill that is before you is $1 billion grandchildren. I have heard all those Michigan. below the President’s request and is arguments before. The Chair will reduce to 2 minutes slightly above last year’s 2009 funding. When I was in the State senate in the time for any electronic vote after This Energy and Water appropria- Tennessee, they had this grandiose the first vote in this series. tions bill is a key part of ongoing ef- health care plan called TennCare. Oh, PART A AMENDMENT NO. 1 OFFERED BY MR. forts to meet the infrastructure needs it was going to save all this money. It PASTOR OF ARIZONA of the country; and after years of ne- was a public option. It was the test The CHAIR. The unfinished business glect, addressing the inadequacies of case for public option. It nearly bank- is the demand for a recorded vote on our national energy policies, we are rupted the State. When I offered an the amendment offered by the gen- trying to do it with this bill. amendment to make across-the-board tleman from Arizona (Mr. PASTOR) on The Energy and Water bill is only cuts, oh, those are draconian, those are which further proceedings were post- slightly above last year’s enacted level indiscriminate. It is going to shut gov- poned and on which the ayes prevailed and is $1.1 billion below the budget re- ernment down. by voice vote. quest, as I mentioned. Balancing prior- Well, guess what? They never took The Clerk will redesignate the ities with this allocation require a con- the cuts that we had. But when a Dem- amendment.

VerDate Mar 15 2010 14:39 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00042 Fmt 0688 Sfmt 0634 E:\BR09\H15JY9.001 H15JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD 17874 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 13 July 15, 2009 The Clerk redesignated the amend- Titus Visclosky Weiner postponed and on which the ayes pre- Tonko Walz Welch ment. Towns Wasserman Wexler vailed by voice vote. RECORDED VOTE Tsongas Schultz Wilson (OH) The Clerk will redesignate the Turner Waters Woolsey The CHAIR. A recorded vote has been amendment. Upton Watson Wu The Clerk redesignated the amend- demanded. Van Hollen Watt Yarmuth ment. A recorded vote was ordered. Vela´ zquez Waxman Young (AK) The vote was taken by electronic de- NOES—172 RECORDED VOTE vice, and there were—ayes 261, noes 172, Aderholt Garrett (NJ) Miller, Gary The CHAIR. A recorded vote has been not voting 5, as follows: Akin Gingrey (GA) Moran (KS) demanded. Alexander Gohmert Myrick A recorded vote was ordered. [Roll No. 543] Austria Gonzalez Neugebauer The CHAIR. This is a 2-minute vote. AYES—261 Bachmann Goodlatte Nunes Bachus Gordon (TN) Olson The vote was taken by electronic de- Abercrombie Filner Miller (MI) Barrett (SC) Granger Ortiz vice, and there were—ayes 362, noes 69, Ackerman Foster Miller (NC) Bartlett Graves Paul Adler (NJ) Frank (MA) Miller, George not voting 7, as follows: Biggert Griffith Paulsen Altmire Fudge Minnick Bilirakis Guthrie Pence [Roll No. 544] Andrews Gerlach Mitchell Bishop (UT) Hall (TX) Petri AYES—362 Arcuri Giffords Mollohan Blackburn Harman Pitts Baca Grayson Moore (KS) Blumenauer Harper Abercrombie Conyers Herger Poe (TX) Baird Green, Al Moore (WI) Blunt Hastings (WA) Ackerman Costa Higgins Posey Baldwin Green, Gene Moran (VA) Boehner Hensarling Aderholt Costello Hill Barrow Grijalva Murphy (CT) Bonner Herger Price (GA) Adler (NJ) Courtney Himes Barton (TX) Gutierrez Murphy (NY) Bono Mack Hill Putnam Alexander Crenshaw Hinchey Bean Hall (NY) Murphy, Patrick Boozman Hoekstra Radanovich Altmire Crowley Hinojosa Becerra Halvorson Murphy, Tim Boustany Honda Rehberg Andrews Cuellar Hirono Berkley Hare Murtha Brady (TX) Hunter Reichert Arcuri Culberson Hodes Berman Hastings (FL) Nadler (NY) Bright Issa Richardson Austria Cummings Hoekstra Berry Heinrich Napolitano Broun (GA) Jenkins Rodriguez Baca Dahlkemper Holden Bilbray Heller Neal (MA) Brown (SC) Johnson (IL) Roe (TN) Bachus Davis (AL) Holt Bishop (GA) Herseth Sandlin Norton Brown-Waite, Johnson, Sam Rogers (AL) Baird Davis (CA) Honda Bishop (NY) Higgins Nye Ginny Jones Rogers (KY) Baldwin Davis (IL) Hoyer Boccieri Himes Oberstar Buchanan Jordan (OH) Rogers (MI) Barrow Davis (KY) Hunter Boren Hinchey Obey Burgess King (IA) Rohrabacher Bartlett Davis (TN) Inslee Boswell Hinojosa Olver Burton (IN) King (NY) Rooney Barton (TX) DeFazio Israel Boucher Hirono Pallone Buyer Kingston Roskam Bean DeGette Issa Boyd Hodes Pascrell Calvert Kirk Royce Becerra Delahunt Jackson (IL) Brady (PA) Holden Pastor (AZ) Campbell Kline (MN) Ryan (WI) Berkley DeLauro Jackson-Lee Braley (IA) Holt Payne Cantor Kratovil Scalise Berman Dent (TX) Brown, Corrine Hoyer Perlmutter Capito Lamborn Schmidt Berry Diaz-Balart, L. Johnson (GA) Butterfield Inglis Biggert Diaz-Balart, M. Perriello Carter Lance Schock Johnson, E. B. Camp Inslee Peters Bilbray Dicks Jones Cassidy Latham Sensenbrenner Cao Israel Peterson Bilirakis Dingell Kagen Chaffetz LaTourette Sessions Capps Jackson (IL) Pierluisi Bishop (GA) Doggett Kanjorski Chandler Latta Shadegg Capuano Jackson-Lee Pingree (ME) Coble Lee (NY) Bishop (NY) Donnelly (IN) Kaptur Shimkus Cardoza (TX) Platts Coffman (CO) Lewis (CA) Blackburn Doyle Kennedy Shuster Carnahan Johnson (GA) Polis (CO) Cole Linder Blumenauer Dreier Kildee Simpson Carney Johnson, E. B. Pomeroy Conaway Lofgren, Zoe Blunt Driehaus Kilpatrick (MI) Smith (NE) Carson (IN) Kagen Price (NC) Crenshaw Luetkemeyer Boccieri Edwards (MD) Kilroy Smith (TX) Castle Kanjorski Quigley Cuellar Lummis Boehner Edwards (TX) Kind Castor (FL) Kaptur Rahall Culberson Lungren, Daniel Snyder Bono Mack Ehlers King (NY) Childers Kennedy Rangel Davis (KY) E. Souder Bordallo Ellison Kingston Christensen Kildee Reyes Deal (GA) Mack Stearns Boren Ellsworth Kirk Clarke Kilpatrick (MI) Ros-Lehtinen Dreier Manzullo Sullivan Boswell Emerson Kirkpatrick (AZ) Clay Kilroy Ross Ellsworth Marchant Terry Boucher Engel Kissell Cleaver Kind Rothman (NJ) Emerson McCarthy (CA) Thompson (PA) Boustany Eshoo Klein (FL) Clyburn Kirkpatrick (AZ) Roybal-Allard Eshoo McCaul Thornberry Boyd Etheridge Kosmas Cohen Kissell Ruppersberger Fallin McClintock Tiahrt Brady (PA) Fallin Kratovil Connolly (VA) Klein (FL) Rush Flake McHenry Tiberi Braley (IA) Farr Kucinich Conyers Kosmas Ryan (OH) Fleming McKeon Walden Bright Fattah Lance Cooper Kucinich Sablan Forbes McMorris Wamp Brown (SC) Filner Langevin Costa Langevin Salazar Fortenberry Rodgers Westmoreland Brown, Corrine Fleming Larsen (WA) Costello Larsen (WA) Sa´ nchez, Linda Foxx McNerney Whitfield Brown-Waite, Forbes Larson (CT) Courtney Larson (CT) T. Franks (AZ) Melancon Wilson (SC) Ginny Fortenberry Latham Crowley Lee (CA) Sanchez, Loretta Frelinghuysen Mica Wittman Buchanan Foster LaTourette Cummings Levin Sarbanes Gallegly Miller (FL) Wolf Butterfield Frank (MA) Lee (CA) Dahlkemper Lewis (GA) Schakowsky Buyer Frelinghuysen Levin Davis (AL) Lipinski Schauer NOT VOTING—5 Calvert Fudge Lewis (CA) Davis (CA) LoBiondo Schiff Bordallo Schrader Young (FL) Camp Gallegly Lewis (GA) Davis (IL) Loebsack Schwartz Faleomavaega Sestak Cantor Garrett (NJ) Lipinski Davis (TN) Lowey Scott (GA) Cao Gerlach LoBiondo DeFazio Lucas Scott (VA) b 1536 Capito Giffords Loebsack DeGette Luja´ n Serrano Capps Gingrey (GA) Lofgren, Zoe Delahunt Lynch Shea-Porter Mr. BRIGHT, Ms. HARMAN, Mr. Capuano Gonzalez Lowey DeLauro Maffei Sherman CULBERSON, Ms. ESHOO, Messrs. Cardoza Goodlatte Lucas Dent Maloney Shuler WITTMAN, ORTIZ, and HONDA Carnahan Gordon (TN) Luja´ n Diaz-Balart, L. Markey (CO) Sires Carney Granger Lummis Diaz-Balart, M. Markey (MA) Skelton changed their vote from ‘‘aye’’ to ‘‘no.’’ Carson (IN) Graves Lynch Dicks Marshall Slaughter Messrs. MITCHELL and TEAGUE Carter Grayson Mack Dingell Massa Smith (NJ) changed their vote from ‘‘no’’ to ‘‘aye.’’ Castle Green, Al Maffei Doggett Matheson Smith (WA) So the amendment was agreed to. Castor (FL) Green, Gene Maloney Donnelly (IN) Matsui Space Chaffetz Griffith Manzullo Doyle McCarthy (NY) Speier The result of the vote was announced Chandler Grijalva Marchant Driehaus McCollum Spratt as above recorded. Childers Guthrie Markey (CO) Duncan McCotter Stark PART A AMENDMENT NO. 2 OFFERED BY MR. Christensen Gutierrez Markey (MA) Edwards (MD) McDermott Stupak Clarke Hall (NY) Marshall CONNOLLY OF VIRGINIA Edwards (TX) McGovern Sutton Clay Hall (TX) Massa Ehlers McHugh Tanner The CHAIR. The unfinished business Cleaver Halvorson Matheson Ellison McIntyre Taylor is the demand for a recorded vote on Clyburn Hare Matsui Engel McMahon Teague the amendment offered by the gen- Coble Harman McCarthy (CA) Etheridge Meek (FL) Thompson (CA) Cohen Harper McCarthy (NY) Farr Meeks (NY) Thompson (MS) tleman from Virginia (Mr. CONNOLLY) Cole Hastings (FL) McCaul Fattah Michaud Tierney on which further proceedings were Connolly (VA) Heinrich McCollum

VerDate Mar 15 2010 14:39 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00043 Fmt 0688 Sfmt 0634 E:\BR09\H15JY9.001 H15JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD July 15, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 13 17875 McCotter Pingree (ME) Simpson the amendment offered by the gen- Kilroy Mitchell Schakowsky McDermott Pitts Sires Kind Mollohan Schauer tleman from Washington (Mr. HAS- McGovern Platts Skelton King (IA) Moore (KS) Schiff McHenry Poe (TX) Slaughter TINGS) on which further proceedings King (NY) Moran (KS) Schmidt McHugh Polis (CO) Smith (NE) were postponed and on which the ayes Kingston Moran (VA) Schock McIntyre Pomeroy Smith (NJ) prevailed by voice vote. Kirk Murphy (CT) Schwartz McMahon Posey Kirkpatrick (AZ) Murphy (NY) Scott (GA) Smith (TX) The Clerk will redesignate the McMorris Price (NC) Smith (WA) Kissell Murphy, Patrick Scott (VA) Rodgers Putnam Snyder amendment. Klein (FL) Murphy, Tim Sensenbrenner McNerney Quigley Kline (MN) Murtha Serrano Speier The Clerk redesignated the amend- Meeks (NY) Radanovich Kosmas Myrick Sessions Spratt Mica Rahall ment. Kratovil Nadler (NY) Shadegg Stark Michaud Rangel RECORDED VOTE Kucinich Napolitano Shea-Porter Miller (MI) Rehberg Stupak Lamborn Neal (MA) Sherman Miller (NC) Reichert Sutton The CHAIR. A recorded vote has been Lance Neugebauer Shimkus Miller, Gary Reyes Tanner demanded. Langevin Norton Shuler Miller, George Richardson Taylor A recorded vote was ordered. Larsen (WA) Nunes Shuster Terry Mitchell Rodriguez The CHAIR. This will be a 2-minute Larson (CT) Nye Simpson Mollohan Roe (TN) Thompson (CA) Latham Oberstar Sires Moore (KS) Rogers (AL) Thompson (MS) vote. LaTourette Obey Skelton Moore (WI) Rogers (KY) Thompson (PA) The vote was taken by electronic de- Latta Olson Slaughter Moran (VA) Rogers (MI) Tierney vice, and there were—ayes 432, noes 0, Lee (CA) Olver Smith (NE) Murphy (CT) Rooney Titus Lee (NY) Ortiz Smith (NJ) Murphy (NY) Ros-Lehtinen Tonko not voting 6, as follows: Levin Pallone Smith (TX) Murphy, Patrick Ross Towns [Roll No. 545] Lewis (CA) Pascrell Smith (WA) Murphy, Tim Rothman (NJ) Lewis (GA) Pastor (AZ) Snyder Tsongas AYES—432 Murtha Roybal-Allard Turner Linder Paul Souder Nadler (NY) Ruppersberger Upton Abercrombie Carson (IN) Foxx Lipinski Paulsen Space Napolitano Rush Van Hollen Ackerman Carter Frank (MA) LoBiondo Payne Speier Neal (MA) Ryan (OH) Vela´ zquez Aderholt Cassidy Franks (AZ) Loebsack Pence Spratt Norton Sablan Visclosky Adler (NJ) Castle Frelinghuysen Lofgren, Zoe Perlmutter Stark Nunes Salazar Walz Akin Castor (FL) Fudge Lowey Perriello Stearns ´ Nye Sanchez, Linda Wamp Alexander Chaffetz Gallegly Lucas Peters Stupak Oberstar T. Altmire Chandler Garrett (NJ) Luetkemeyer Peterson Sullivan Wasserman Obey Sanchez, Loretta Andrews Childers Gerlach Luja´ n Petri Sutton Schultz Olver Sarbanes Arcuri Christensen Giffords Lummis Pierluisi Tanner Waters Ortiz Scalise Austria Clarke Gingrey (GA) Lungren, Daniel Pingree (ME) Taylor Watson Pallone Schakowsky Baca Clay Gohmert E. Pitts Teague Watt Pascrell Schiff Bachmann Cleaver Gonzalez Lynch Poe (TX) Terry Paul Schmidt Waxman Bachus Clyburn Goodlatte Mack Polis (CO) Thompson (CA) Paulsen Schock Weiner Baird Coble Gordon (TN) Maffei Pomeroy Thompson (MS) Payne Schwartz Welch Baldwin Coffman (CO) Granger Maloney Posey Thompson (PA) Pence Scott (GA) Wexler Barrett (SC) Cohen Graves Manzullo Price (GA) Thornberry Perlmutter Scott (VA) Wilson (OH) Barrow Cole Grayson Marchant Price (NC) Tiahrt Perriello Serrano Wittman Bartlett Conaway Green, Al Markey (CO) Putnam Tiberi Peters Shea-Porter Wolf Barton (TX) Connolly (VA) Green, Gene Markey (MA) Quigley Tierney Peterson Sherman Woolsey Bean Conyers Griffith Marshall Radanovich Titus Petri Shimkus Wu Becerra Cooper Grijalva Massa Rahall Tonko Pierluisi Shuster Yarmuth Berkley Costa Guthrie Matheson Rangel Towns Berman Costello Gutierrez Matsui Rehberg Tsongas NOES—69 Berry Courtney Hall (NY) McCarthy (CA) Reichert Turner Akin Inglis Rohrabacher Biggert Crenshaw Hall (TX) McCarthy (NY) Reyes Upton Bachmann Jenkins Roskam Bilbray Crowley Halvorson McCaul Richardson Van Hollen Barrett (SC) Johnson (IL) Royce Bilirakis Cuellar Hare McClintock Rodriguez Vela´ zquez Bishop (UT) Johnson, Sam Ryan (WI) Bishop (GA) Culberson Harman McCollum Roe (TN) Visclosky Bonner Jordan (OH) Schauer Bishop (NY) Cummings Harper McCotter Rogers (AL) Walden Boozman King (IA) Sensenbrenner Bishop (UT) Dahlkemper Hastings (FL) McDermott Rogers (KY) Walz Blackburn Davis (AL) Hastings (WA) McGovern Rogers (MI) Wamp Brady (TX) Kline (MN) Sessions Blumenauer Davis (CA) Heinrich McHenry Rohrabacher Wasserman Broun (GA) Lamborn Shadegg Burgess Latta Blunt Davis (IL) Heller McHugh Rooney Schultz Shuler Burton (IN) Lee (NY) Boccieri Davis (KY) Hensarling McIntyre Ros-Lehtinen Waters Souder Campbell Linder Boehner Davis (TN) Herger McKeon Roskam Watson Cassidy Luetkemeyer Space Bonner Deal (GA) Herseth Sandlin McMahon Ross Watt Coffman (CO) Lungren, Daniel Stearns Bono Mack DeFazio Higgins McMorris Rothman (NJ) Waxman Conaway E. Sullivan Boozman DeGette Hill Rodgers Roybal-Allard Weiner Cooper McClintock Teague Bordallo Delahunt Himes McNerney Royce Welch Deal (GA) McKeon Thornberry Boren DeLauro Hinchey Meek (FL) Ruppersberger Westmoreland Duncan Melancon Tiahrt Boswell Dent Hinojosa Meeks (NY) Rush Wexler Flake Miller (FL) Tiberi Boucher Diaz-Balart, L. Hirono Melancon Ryan (OH) Whitfield Foxx Minnick Walden Boustany Diaz-Balart, M. Hodes Mica Ryan (WI) Wilson (OH) Franks (AZ) Moran (KS) Westmoreland Boyd Dicks Hoekstra Michaud Sablan Wilson (SC) Gohmert Myrick Whitfield Brady (PA) Dingell Holden Miller (FL) Salazar Wittman Hastings (WA) Neugebauer Wilson (SC) Brady (TX) Doggett Holt Miller (MI) Sa´ nchez, Linda Wolf Heller Olson Young (AK) Braley (IA) Donnelly (IN) Honda Miller (NC) T. Woolsey Hensarling Price (GA) Bright Doyle Hoyer Miller, Gary Sanchez, Loretta Wu Broun (GA) Dreier Hunter Miller, George Sarbanes Yarmuth NOT VOTING—7 Brown (SC) Driehaus Inglis Minnick Scalise Young (AK) Brown, Corrine Duncan Inslee Faleomavaega Pastor (AZ) Young (FL) NOT VOTING—6 Herseth Sandlin Schrader Brown-Waite, Edwards (MD) Israel Meek (FL) Sestak Ginny Edwards (TX) Issa Faleomavaega Platts Sestak Buchanan Ehlers Jackson (IL) Moore (WI) Schrader Young (FL) ANNOUNCEMENT BY THE CHAIR Burgess Ellison Jackson-Lee The CHAIR (during the vote). There Burton (IN) Ellsworth (TX) ANNOUNCEMENT BY THE CHAIR is 1 minute remaining. Butterfield Emerson Jenkins The CHAIR (during the vote). There Buyer Engel Johnson (GA) is 1 minute remaining on this vote. b 1541 Calvert Eshoo Johnson (IL) Camp Etheridge Johnson, E. B. So the amendment was agreed to. Campbell Fallin Johnson, Sam b 1546 The result of the vote was announced Cantor Farr Jones Cao Fattah Jordan (OH) So the amendment was agreed to. as above recorded. Capito Filner Kagen The result of the vote was announced PART A AMENDMENT NO. 4 OFFERED BY MR. Capps Flake Kanjorski as above recorded. HASTINGS OF WASHINGTON Capuano Fleming Kaptur (By unanimous consent, Ms. RICH- Cardoza Forbes Kennedy The CHAIR. The unfinished business Carnahan Fortenberry Kildee ARDSON was allowed to speak out of is the demand for a recorded vote on Carney Foster Kilpatrick (MI) order.)

VerDate Mar 15 2010 14:39 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00044 Fmt 0688 Sfmt 0634 E:\BR09\H15JY9.001 H15JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD 17876 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 13 July 15, 2009

CONGRATULATING THE HOUSE WOMEN’S [Roll No. 546] Minnick Rehberg Snyder SOFTBALL TEAM Mitchell Reichert Souder AYES—429 Mollohan Reyes Space Ms. RICHARDSON. Colleagues, it’s Abercrombie Crowley Israel Moore (KS) Richardson Speier with great pleasure that we come be- Ackerman Cuellar Issa Moore (WI) Rodriguez Spratt fore you to announce the incredible Aderholt Culberson Jackson (IL) Moran (KS) Roe (TN) Stark Adler (NJ) Cummings Jackson-Lee Moran (VA) Rogers (AL) Stearns success that we had last night at the Akin Dahlkemper (TX) Murphy (CT) Rogers (KY) Stupak First Annual Congressional—may I Alexander Davis (AL) Jenkins Murphy (NY) Rogers (MI) Sullivan say—Bipartisan Women’s Softball Altmire Davis (CA) Johnson (GA) Murphy, Patrick Rohrabacher Sutton Andrews Davis (IL) Johnson (IL) Murphy, Tim Rooney Tanner Game. Arcuri Davis (KY) Johnson, E. B. Murtha Ros-Lehtinen Taylor We want to recognize our two cap- Austria Davis (TN) Johnson, Sam Myrick Roskam Teague tains, Republican JOANN EMERSON and, Baca Deal (GA) Jones Nadler (NY) Ross Terry Bachmann DeFazio Jordan (OH) Napolitano Rothman (NJ) Thompson (CA) of course, our fearless leader who did it Bachus DeGette Kagen Neal (MA) Roybal-Allard Thompson (MS) all, DEBBIE WASSERMAN SCHULTZ. We Baird Delahunt Kanjorski Neugebauer Royce Thompson (PA) want to thank all of you, our team- Baldwin DeLauro Kaptur Norton Ruppersberger Thornberry Barrett (SC) Dent Kennedy Nunes Rush Tiahrt mates. Barrow Diaz-Balart, L. Kildee Nye Ryan (OH) Tiberi Mrs. EMERSON. You all, thank you Bartlett Diaz-Balart, M. Kilpatrick (MI) Oberstar Ryan (WI) Tierney very, very much from the bottom of Barton (TX) Dicks Kilroy Obey Salazar Titus Bean Dingell Kind Olson Sa´ nchez, Linda Tonko my heart. Becerra Doggett King (IA) Olver T. Towns Ms. RICHARDSON. And from mine. Berkley Donnelly (IN) King (NY) Ortiz Sanchez, Loretta Tsongas Berman Doyle Kingston Pallone Sarbanes Turner Ms. WASSERMAN SCHULTZ. From Berry Dreier Kirk Pascrell Scalise Upton the bottom of my foot. Biggert Driehaus Kirkpatrick (AZ) Pastor (AZ) Schakowsky Van Hollen Mrs. EMERSON. We have been told Bilbray Duncan Kissell Paul Schauer Vela´ zquez Bilirakis Edwards (MD) Klein (FL) Paulsen Schiff Visclosky that this was a triumph for women and Bishop (GA) Edwards (TX) Kline (MN) Payne Schmidt Walden a triumph of bipartisanship. And I Bishop (NY) Ellison Kosmas Pence Schock Walz think that says it all. We have proven, Bishop (UT) Ellsworth Kratovil Perlmutter Schwartz Wamp Blackburn Emerson Kucinich Perriello Scott (GA) Wasserman I think, that we will rise above any Blumenauer Engel Lamborn Peters Scott (VA) Schultz kind of partisanship, work together, Blunt Eshoo Lance Peterson Sensenbrenner Waters come together as a team, and really Boccieri Etheridge Langevin Petri Serrano Watson work hard for something. And I think Boehner Fallin Larsen (WA) Pierluisi Sessions Watt Bonner Farr Larson (CT) Pingree (ME) Shadegg Waxman we’re a good example for the whole Bono Mack Fattah Latham Pitts Shea-Porter Weiner House. Boozman Filner LaTourette Platts Sherman Welch Ms. WASSERMAN SCHULTZ. In ad- Bordallo Fleming Latta Poe (TX) Shimkus Westmoreland Boren Forbes Lee (CA) Polis (CO) Shuler Wexler dition to that, we became even closer Boswell Fortenberry Lee (NY) Pomeroy Shuster Whitfield friends than we were when we started Boucher Foster Levin Posey Simpson Wilson (OH) and raised awareness about the fact Boustany Foxx Lewis (CA) Price (GA) Sires Wilson (SC) Boyd Frank (MA) Lewis (GA) Price (NC) Skelton Wittman that young women can and do get Brady (PA) Franks (AZ) Linder Putnam Slaughter Wolf breast cancer. We raised $50,000 for the Brady (TX) Frelinghuysen Lipinski Quigley Smith (NE) Woolsey Young Survival Coalition. Braley (IA) Fudge LoBiondo Radanovich Smith (NJ) Wu Bright Gallegly Loebsack Rahall Smith (TX) Yarmuth So, thank you to all the Members Broun (GA) Garrett (NJ) Lofgren, Zoe Rangel Smith (WA) Young (AK) who came out, and all the staff. We es- Brown (SC) Gerlach Lowey pecially want to thank the ladies of the Brown, Corrine Giffords Lucas NOES—4 Republican National Committee, Brown-Waite, Gingrey (GA) Luetkemeyer Campbell Flake Ginny Gohmert Luja´ n Ehlers McClintock Democratic National Committee, Buchanan Gonzalez Lummis DCCC, NRCC, and the DSCC for partici- Burgess Goodlatte Lungren, Daniel NOT VOTING—5 pating and doing a great job. We’re Burton (IN) Gordon (TN) E. Faleomavaega Schrader Young (FL) Butterfield Granger Lynch Sablan Sestak going to get you next year. Buyer Graves Mack ANNOUNCEMENT BY THE CHAIR Calvert Grayson Maffei ANNOUNCEMENT BY THE CHAIR Camp Green, Al Maloney The CHAIR. Without objection, 2- Cantor Green, Gene Manzullo The CHAIR (during the vote). There minute voting will continue. Cao Griffith Marchant is 1 minute remaining in this vote. Capito Grijalva Markey (CO) There was no objection. Capps Guthrie Markey (MA) b 1553 PART A AMENDMENT NO. 7 OFFERED BY MR. Capuano Gutierrez Marshall Cardoza Hall (NY) Massa BOREN Carnahan Hall (TX) Matheson So the amendment was agreed to. The CHAIR. The unfinished business Carney Halvorson Matsui The result of the vote was announced is the demand for a recorded vote on Carson (IN) Hare McCarthy (CA) as above recorded. Carter Harman McCarthy (NY) the amendment offered by the gen- Cassidy Harper McCaul PART A AMENDMENT NO. 8 OFFERED BY MRS. tleman from Oklahoma (Mr. BOREN) on Castle Hastings (FL) McCollum MILLER OF MICHIGAN which further proceedings were post- Castor (FL) Hastings (WA) McCotter The CHAIR. The unfinished business Chaffetz Heinrich McDermott poned and on which the ayes prevailed Chandler Heller McGovern is the demand for a recorded vote on by voice vote. Childers Hensarling McHenry the amendment offered by the gentle- The Clerk will redesignate the Christensen Herger McHugh woman from Michigan (Mrs. MILLER) Clarke Herseth Sandlin McIntyre on which further proceedings were amendment. Clay Higgins McKeon The Clerk redesignated the amend- Cleaver Hill McMahon postponed and on which the ayes pre- ment. Clyburn Himes McMorris vailed by voice vote. Coble Hinchey Rodgers The Clerk will redesignate the RECORDED VOTE Coffman (CO) Hinojosa McNerney Cohen Hirono Meek (FL) amendment. The CHAIR. A recorded vote has been Cole Hodes Meeks (NY) The Clerk redesignated the amend- demanded. Conaway Hoekstra Melancon ment. A recorded vote was ordered. Connolly (VA) Holden Mica Conyers Holt Michaud RECORDED VOTE The CHAIR. This is a 2-minute vote. Cooper Honda Miller (FL) The CHAIR. A recorded vote has been The vote was taken by electronic de- Costa Hoyer Miller (MI) demanded. Costello Hunter Miller (NC) vice, and there were—ayes 429, noes 4, Courtney Inglis Miller, Gary A recorded vote was ordered. not voting 5, as follows: Crenshaw Inslee Miller, George The CHAIR. This is a 2-minute vote.

VerDate Mar 15 2010 14:39 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00045 Fmt 0688 Sfmt 0634 E:\BR09\H15JY9.001 H15JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD July 15, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 13 17877 The vote was taken by electronic de- McIntyre Polis (CO) Slaughter At the end of the bill (before the short McKeon Pomeroy Smith (NE) title), insert the following: vice, and there were—ayes 431, noes 1, McMahon Posey Smith (NJ) SEC. ll. CONGRESSIONALLY DIRECTED not voting 6, as follows: McMorris Price (GA) Smith (TX) PROJECT ELIMINATED.—None of the funds pro- Rodgers Price (NC) Smith (WA) [Roll No. 547] McNerney Putnam Snyder vided in this Act under the heading ‘‘Depart- Meek (FL) Quigley ment of Energy—Energy Programs—Energy AYES—431 Souder Meeks (NY) Radanovich Space Efficiency and Renewable Energy’’ shall be Abercrombie Cooper Hinojosa Melancon Rahall Speier available for the Housatonic River Net-Zero Ackerman Costa Hirono Mica Rangel Spratt Energy Building project, and the aggregate Aderholt Costello Hodes Michaud Rehberg Stark amount otherwise provided under such head- Adler (NJ) Courtney Hoekstra Miller (FL) Reichert Stearns ing (and the portion of such amount specified Akin Crenshaw Holden Miller (MI) Reyes Stupak Alexander Crowley Holt Miller (NC) Richardson for Congressionally Directed Energy Effi- Sullivan ciency and Renewable Energy Projects) are Altmire Cuellar Honda Miller, Gary Rodriguez Sutton Andrews Culberson Hoyer Miller, George Roe (TN) Tanner each hereby reduced by $1,000,000. Arcuri Cummings Hunter Minnick Rogers (AL) Taylor Austria Dahlkemper Inglis Mitchell Rogers (KY) The Acting CHAIR. Pursuant to Teague Baca Davis (AL) Inslee Mollohan Rogers (MI) House Resolution 645, the gentleman Terry Bachmann Davis (CA) Israel Moore (KS) Rohrabacher Thompson (CA) from California (Mr. CAMPBELL) and a Bachus Davis (IL) Issa Moore (WI) Rooney Thompson (MS) Member opposed each will control 5 Baldwin Davis (KY) Jackson (IL) Moran (KS) Ros-Lehtinen Thompson (PA) Barrett (SC) Davis (TN) Jackson-Lee Moran (VA) Roskam minutes. Thornberry Barrow Deal (GA) (TX) Murphy (CT) Ross The Chair recognizes the gentleman Tiahrt Bartlett DeFazio Jenkins Murphy (NY) Rothman (NJ) Tiberi from California. Barton (TX) DeGette Johnson (IL) Murphy, Patrick Roybal-Allard Bean Delahunt Johnson, E. B. Murphy, Tim Royce Tierney Mr. CAMPBELL. Mr. Chairman, this Becerra DeLauro Johnson, Sam Murtha Ruppersberger Titus amendment would strike a $1 million Berkley Dent Jones Myrick Rush Tonko earmark that is for—and being from Towns Berman Diaz-Balart, L. Jordan (OH) Nadler (NY) Ryan (OH) California, I will apologize in advance Berry Diaz-Balart, M. Kagen Napolitano Ryan (WI) Tsongas Biggert Dicks Kanjorski Neal (MA) Sablan Turner to the gentleman from Massachusetts Bilbray Dingell Kaptur Neugebauer Salazar Upton if I butcher the name of the river, the Bilirakis Doggett Kennedy Norton Sa´ nchez, Linda Van Hollen pronunciation of the name of the river, Bishop (GA) Donnelly (IN) Kildee Nunes T. Vela´ zquez Bishop (NY) Doyle Kilpatrick (MI) Nye Sanchez, Loretta Visclosky but is it Housatonic? You can correct Bishop (UT) Dreier Kilroy Oberstar Sarbanes Walden me when it’s your time, but the Blackburn Driehaus Kind Obey Scalise Walz Housatonic River Museum in Pitts- Wamp Blumenauer Duncan King (IA) Olson Schakowsky field, Massachusetts, and it reduces Blunt Edwards (MD) King (NY) Olver Schauer Wasserman Boccieri Edwards (TX) Kingston Ortiz Schiff Schultz funding in the overall bill by that Boehner Ehlers Kirk Pallone Schmidt Waters amendment. Bonner Ellison Kirkpatrick (AZ) Pascrell Schock Watson Mr. Chairman, it is not unusual late- Bono Mack Ellsworth Kissell Pastor (AZ) Schwartz Watt Boozman Emerson Klein (FL) Paul Scott (GA) Waxman ly to see amendments for funding of Bordallo Engel Kline (MN) Paulsen Scott (VA) Weiner museums in local communities and Boren Eshoo Kosmas Payne Sensenbrenner Welch around the country, but this one’s par- Boswell Etheridge Kratovil Pence Serrano Westmoreland ticularly unusual, I believe, because, as Boucher Fallin Kucinich Perlmutter Sessions Wexler Boustany Fattah Lamborn Perriello Shadegg Whitfield far as I can determine from the Web Boyd Filner Lance Peters Shea-Porter Wilson (OH) site, this museum doesn’t currently Brady (PA) Flake Langevin Peterson Sherman Wilson (SC) exist. And if I am reading the Web site Brady (TX) Fleming Larsen (WA) Petri Shimkus Wittman Braley (IA) Forbes Larson (CT) Pierluisi Shuler Wolf for this museum correctly, they’re still Bright Fortenberry Latham Pingree (ME) Shuster Woolsey in the design and development phase of Broun (GA) Foster LaTourette Pitts Simpson Wu this building, and it would appear that Brown (SC) Foxx Latta Platts Sires Yarmuth this is a $1 million earmark to go to a Brown, Corrine Frank (MA) Lee (CA) Poe (TX) Skelton Young (AK) Brown-Waite, Franks (AZ) Lee (NY) museum in Massachusetts which does Ginny Frelinghuysen Levin NOES—1 not currently exist and which, accord- Buchanan Fudge Lewis (CA) Baird ing to their own Web site, would not Burgess Gallegly Lewis (GA) Burton (IN) Garrett (NJ) Linder NOT VOTING—6 even have construction completed Butterfield Gerlach Lipinski Faleomavaega Johnson (GA) Sestak until 2012. And of course, this is the ap- Buyer Giffords LoBiondo Farr Schrader Young (FL) propriations funding for 2010, so this Calvert Gingrey (GA) Loebsack funding would be available for the mu- Camp Gohmert Lofgren, Zoe ANNOUNCEMENT BY THE CHAIR seum 2 years before even their Web site Campbell Gonzalez Lowey The CHAIR (during the vote). There Cantor Goodlatte Lucas indicates they might be completed. So is 1 minute remaining in this vote. Cao Gordon (TN) Luetkemeyer this appears to be an amendment for a Capito Granger Luja´ n b 1558 Capps Graves Lummis museum, $1 million for the museum Capuano Grayson Lungren, Daniel So the amendment was agreed to. that doesn’t exist. Cardoza Green, Al E. The result of the vote was announced And I will reserve the balance of my Carnahan Green, Gene Lynch time. Carney Griffith Mack as above recorded. Mr. OLVER. Mr. Chairman, I claim Carson (IN) Grijalva Maffei b 1600 Carter Guthrie Maloney time in opposition to the gentleman’s Cassidy Gutierrez Manzullo The Acting CHAIR (Mr. CUELLAR). It amendment. Castle Hall (NY) Marchant is now in order to consider one of the Castor (FL) Hall (TX) Markey (CO) The Acting CHAIR. The gentleman Chaffetz Halvorson Markey (MA) amendments printed in part B of House from Massachusetts is recognized for 5 Chandler Hare Marshall Report 111–209. minutes. Childers Harman Massa PART B AMENDMENT NO. 2 OFFERED BY MR. Mr. OLVER. Mr. Chairman, I urge re- Christensen Harper Matheson Clarke Hastings (FL) Matsui CAMPBELL jection of the amendment before us. In Clay Hastings (WA) McCarthy (CA) Mr. CAMPBELL. Mr. Chairman, I 2006, Congress created the Upper Cleaver Heinrich McCarthy (NY) have an amendment at the desk. Housatonic National Heritage Area in Clyburn Heller McCaul Coble Hensarling McClintock The Acting CHAIR. The Clerk will southwestern Massachusetts and in Coffman (CO) Herger McCollum designate the amendment. northwestern Connecticut based on leg- Cohen Herseth Sandlin McCotter The text of the amendment is as fol- islation that was cosponsored by our Cole Higgins McDermott lows: distinguished former colleague Rep- Conaway Hill McGovern Connolly (VA) Himes McHenry Part B amendment No. 2 offered by Mr. resentative Nancy Johnson of Con- Conyers Hinchey McHugh CAMPBELL: necticut and myself in the House and

VerDate Mar 15 2010 14:39 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00046 Fmt 0688 Sfmt 0634 E:\BR09\H15JY9.001 H15JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD 17878 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 13 July 15, 2009 by all the Senators from Massachusetts currently under construction, and the lem’s going to come on us much sooner and Connecticut in the other body. gentleman from Massachusetts can’t than that. It’s a problem for us. The Housatonic River Museum is tell me if it’s even fully funded. I I yield back the balance of my time. being created by a group of local citi- mean, if you don’t have enough, if Mr. OLVER. Mr. Chairman, I yield 30 zens and environmentalists, all resi- there isn’t enough money to build it, it seconds to the gentleman from Arizona dents of that national heritage area, as may never be built. It may never be (Mr. PASTOR). a venue to highlight the rich cultural funded. Mr. PASTOR of Arizona. I thank the history and explore the hopes for the So where is this million dollars going gentleman for yielding and to inform future of that area. The 13,000-square- to go and what is it going to go for? him and our Members that the com- foot museum is being designed to The gentleman pointed out that most mittee supports the construction of achieve two sustainable goals: zero car- of this museum, or so far they’ve been this museum and is against the amend- bon footprint and zero net energy doing this raised on private funds. ment, so we are urging Members to usage. That’s great. That’s very admirable. vote ‘‘no’’ on the amendment. Ninety percent of the money for this That’s outstanding. That’s the way Mr. OLVER. I would just reiterate in project is being raised privately, but local museums and stuff should be this instance that all of this money the money provided in this bill will done. I support them. I’m sure he does goes to achieve those specific goals for providing zero carbon footprint and net allow the museum to maximize energy as well, and that’s the way that fund- zero energy usage in this to-be-con- conservation and efficiency using pas- ing should be. structed museum. All of the tech- sive strategies such as natural light- And so, should the taxpayers from niques, an array of techniques, I men- ing, natural ventilation, water con- California and Texas and Louisiana and tioned five or six, but the array of servation, high-performance building every place else put their tax money techniques, all of those will be avail- materials, and, in addition, to generate towards subsidizing a privately funded able as demonstrations for all of the enough power for its own needs, all museum in Massachusetts no matter visitors all of the years of the future of from renewable sources utilizing photo- how admirable the message that that this museum. voltaic panels, recycled wood pellet museum may be? And he worries that it may never be And I would reserve the balance of boilers and a geothermal well system. constructed. Well, if they don’t raise my time. The museum will return excess power the money, which I expect them to do, Mr. OLVER. I continue to reserve. to the public electricity grid when and to be able to be in construction I think I have the right to close, do I available and possible. quite as fast as a good many of our re- not? All of these techniques and processes covery projects might get into con- The Acting CHAIR. The gentleman is for energy conservation and efficiency struction, but certainly within this and correct. will be made available for explanation the next fiscal year, that none of that Mr. CAMPBELL. May I ask how and demonstration to thousands of money gets expended. So there is no much time I have remaining, Mr. visitors of all ages, but especially to harm at all in that. And otherwise, we school-age children from near and far. Chairman? The Acting CHAIR. The gentleman have a very fine museum and a very The museum itself will be lead cer- fine demonstration project which hun- from California has 11⁄2 minutes. tified, and will serve as a flagship dem- dreds of thousands of people will see onstration project and an example of Mr. CAMPBELL. Mr. Chairman, you know, the fiscal and financial status of over the next decade. sustainable construction. It will be the So I would hope that the amendment this country is at an unprecedented first public building on the East Coast will be rejected. I urge a ‘‘no’’ vote on low. We will have a deficit this year of to be listed by the Department of En- the amendment. ergy as a zero energy, and will join probably over $2 trillion. President I yield back. only seven others of similar designa- Obama’s budget projects a deficit of $1 The Acting CHAIR. The question is tion in the Nation. trillion a year as far as the eye can see. on the amendment offered by the gen- This is a good project with high goals Of the million dollars that will go to tleman from California (Mr. CAMP- and deserves to be funded, and I urge a this museum that doesn’t exist and BELL). ‘‘no’’ vote on the gentleman’s amend- may never exist, $460,000 of that will be The question was taken; and the Act- ment. borrowed. Much of that money will be ing Chair announced that the noes ap- I reserve the balance of my time. borrowed from people in China and peared to have it. Mr. CAMPBELL. Mr. Chairman, I India and other places. Mr. CAMPBELL. Mr. Chairman, I de- have no doubt that it sounds like the And I guess I would ask, Mr. Chair- mand a recorded vote. museum is going to be a very neat, man, in this time of great fiscal strain, The Acting CHAIR. Pursuant to cool, useful museum in the local area, in this time when people are losing clause 6 of rule XVIII, further pro- but I guess I would ask the gentleman their jobs, in this time when we have a ceedings on the amendment offered by a question. Does this museum cur- gigantic deficit, gigantic debt, bor- the gentleman from California will be rently exist? rowing money from all around the postponed. And I would yield to the gentleman. world, and a Congress and a President ANNOUNCEMENT BY THE ACTING CHAIR Does it currently exist? who seem to be unwilling or unable to The Acting CHAIR. It is now in order Mr. OLVER. It is under design. stop spending and spending and spend- to consider the amendments printed in Mr. CAMPBELL. So it is under con- ing, isn’t at least this, can’t we at least part C of House Report 111–209. struction. not spend $1 million on something that PART C AMENDMENT NO. 1 OFFERED BY MR. Mr. OLVER. It is under design, and doesn’t even exist and hasn’t been fully FLAKE the money is being raised as we speak. funded? Can’t we at least stop here? Mr. FLAKE. Mr. Chairman, I have an Mr. CAMPBELL. Reclaiming my I tell you, Mr. Chairman, if this sort amendment at the desk. time, but I would ask the gentleman, of spending, this sort of $1 million on a The Acting CHAIR. The Clerk will have all the funds for this, the con- local project subsidizing a privately designate the amendment. struction of this museum been raised? funded museum that doesn’t even exist, The text of the amendment is as fol- And I would yield. if this isn’t a million dollars we can lows: Mr. OLVER. I am not familiar with save, then the message I think, Mr. Part C amendment No. 1 offered by Mr. the day-to-day progress of the collec- Chairman, to the American people is FLAKE: tion of those construction funds. that this Congress is absolutely unwill- At the end of the bill (before the short title), insert the following: Mr. CAMPBELL. Mr. Chairman, re- ing to save any of their money and to SEC. ll. CONGRESSIONALLY DIRECTED claiming my time, this is $1 million of reduce these deficits in the future, PROJECT ELIMINATED.—None of the funds pro- the public’s money going to a museum which is not just a problem for our vided in this Act under the heading ‘‘Depart- that doesn’t currently exist, that is not children and grandchildren; the prob- ment of Energy—Energy Programs—Energy

VerDate Mar 15 2010 14:39 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00047 Fmt 0688 Sfmt 0634 E:\BR09\H15JY9.001 H15JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD July 15, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 13 17879 Efficiency and Renewable Energy’’ shall be tleman or others may want to consult ing $2 trillion this year, I think it be- available for the Maret Center project, and with the Rules Committee. hooves us to find areas where we can the aggregate amount otherwise provided We were told at the beginning of this save. This is an earmark that goes to a under such heading (and the portion of such process that we were going to be re- college to study renewable energy amount specified for Congressionally Di- rected Energy Efficiency and Renewable En- stricted in terms of what we could offer when we are doing that all over in the ergy Projects) are each hereby reduced by simply because of time, that we could budget—in this bill and in others. I $1,500,000. not have so many amendments that think it behooves us to save the money The Acting CHAIR. Pursuant to would take so much time. There were where we can. This amendment would House Resolution 645, the gentleman 108 amendments offered. We would strike that funding, and would save it from Arizona (Mr. FLAKE) and a Mem- never be able to get them done, we in the bill. ber opposed each will control 5 min- were told. So here we have a bill. The I reserve the balance of my time. utes. time constraints are set. We are told Mr. FRELINGHUYSEN. Mr. Chair- The Chair recognizes the gentleman that some 20 amendments are going to man, I rise in opposition to the amend- from Arizona. be offered. We are simply asking to ment. Mr. FLAKE. Mr. Chairman, before swap out amendments. The Acting CHAIR. The gentleman proceeding with the time constraints The Appropriations chairman said, from New Jersey is recognized for 5 here, I would ask unanimous consent We have an obligation to get our work minutes. that my amendment be modified to the done, so what Mr. HOYER and I did was Mr. FRELINGHUYSEN. Mr. Chair- form I have placed at the desk. offer the minority leader an oppor- man, I would yield such time as he may The Acting CHAIR. The Clerk will re- tunity from a compressed number of consume to the gentleman from Mis- port the modification. amendments to select their own souri (Mr. BLUNT). The Clerk read as follows: amendments, any amendments they Mr. BLUNT. I thank the gentleman Modification to part C amendment No. 1 wanted, but they did not want to limit for yielding. offered by Mr. FLAKE: the number of time. Mr. Chairman, first, I want to thank At the end of the bill (before the short Here we are saying we will agree to Chairman PASTOR and Ranking Mem- title), insert the following: the time, and we are simply asking for ber FRELINGHUYSEN for recognizing the SEC. ll. PROCUREMENT AND ACQUISITION unanimous consent to allow us to offer importance of this center, the Missouri OF ALTERNATIVE FUELS.—None of the funds the amendments we would like to offer, Alternative Renewable Energy Tech- appropriated or otherwise made available by and they’re objecting. So, Mr. Chair- nology Center, located at Crowder Col- this Act may be used to carry out, or pay the lege in southwest Missouri. I am even salaries and expenses of personnel who carry man, all you can conclude, again, is out, section 526 of the Energy Independence that the majority simply doesn’t want glad that Congressman FLAKE created and Security Act of 2007 (Public Law 110–140; to take votes on these amendments. an opportunity to speak about this 42 U.S.C. 17142). For the first time in years, in decades, project. we are shutting down an appropria- I really don’t object to this process b 1615 tions process, and saying, You can’t at all. I think the more we determine The Acting CHAIR. Is there objection offer the amendments you want. You how we are deciding how to spend to the modification? only offer the amendments we want. money, the better off the country is. I Mr. PASTOR of Arizona. Mr. Chair- Now, that is simply wrong. I just want also think that it’s good to understand man, I object to the modification. to make that point, and I’ll be making that not every decision on where to The Acting CHAIR. Objection is it again and again. spend our research and development heard. So I don’t blame the gentleman from money should be made by the current Mr. FLAKE. May I inquire of the Arizona. He is not authorized here, but administration or by the current De- gentleman from Arizona why he ob- his party has told us that we are only partment of Energy. In fact, I am jects? We were told that this appropria- compressing and having, basically, proud of the research that we are doing tions process, particularly today’s bill, martial law in terms of appropriations in southwest Missouri, and it has al- was under a modified structured rule bills because of compressed time. We ready had and will continue to have an simply because of time constraints. I are agreeing to the compressed time. impact regionally and nationally on re- am simply offering to modify my We are simply saying allow us to offer newable energy technology. amendment to reflect an amendment the amendments that are germane that This center will serve as a living lab- that was offered but not accepted by we want to offer. We are being told, no, oratory. It already serves as a living the committee so that no more time you only offer the amendments we laboratory, modeling the best practices would be consumed. This is an amend- want to hear. for solar and thermodynamic energy ment that is in order, and it is ger- That’s what we’re being told here, systems and striving to go even beyond mane. and I just want to register an objection zero energy consumption. Through I would just ask the gentleman why to that because we ought to have the these efforts, it has served as a re- the objection is being heard. freedom to offer the amendments that gional center. ANNOUNCEMENT BY THE ACTING CHAIR we have offered like we’ve been able to The project we are talking about The Acting CHAIR. Members’ re- do for decades in this House. today integrates a variety of green marks will be directed to the Chair. With that, let me get to the sub- construction practices, such as Earth Mr. FLAKE. I would ask the Chair to stance of the amendment. shelter design, a green roof, rainwater ask the gentleman. This amendment would simply strike harvesting, and low-volatile organic I would yield to the gentleman for a $1.5 million for the MARET Center at compounds, interiors and furnishings. response if the gentleman from Arizona Crowder College in Missouri. This is designed to be one of the very would respond to why he is objecting to May I ask as to the time remaining? first working examples of a net posi- this unanimous consent request. The Acting CHAIR. The gentleman tive energy structure. In other words, Mr. PASTOR of Arizona. This amend- has 1 minute and 15 seconds remaining. this won’t be a structure that just pro- ment was taken up by the Rules Com- Mr. FLAKE. I thank the Chair. duces its own energy. It actually will mittee, and I don’t have the authority According to the Web site, the be a structure that produces all of the to change or to modify it. So, rather MARET Center is also known as the energy it uses. It goes beyond the net than get into the debate, I thought it Missouri Alternative Renewable En- zero building to put energy back into was in proper form to object. ergy Technology Center. It has been the grid, and it will provide distributed Mr. FLAKE. I will have to go back to around since 1992. It has been funded power to the electric utility company my original amendment. Let me just several times, I believe, with earmarks. that serves the college. make a point, and I will be making it It has received, I think, $3 million in Crowder College has long been a pio- frequently coming up, so the gen- earmarks. When we have a deficit near- neer in renewable energy. In 1984,

VerDate Mar 15 2010 14:39 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00048 Fmt 0688 Sfmt 0634 E:\BR09\H15JY9.001 H15JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD 17880 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 13 July 15, 2009 Crowder College, a junior college—a 2- The Acting CHAIR. The gentleman Mr. FLAKE. Mr. Chairman, I ask year college—designed and built the has 30 seconds remaining. unanimous consent that my amend- first solar-powered vehicle to cross the Mr. FLAKE. I thank the gentleman. ment be modified to the form I have United States. These are southwest Mr. Chairman, this sounds like a placed at the desk. Missouri kids out of high school and great program. There are many great Mr. PASTOR of Arizona. Mr. Chair- who are in their first or second year of programs all over the country. Why do man, I object. post-high school training. They built we need to earmark money for this The Acting CHAIR. The Clerk will re- the first solar car that did that. one? There are a lot of other univer- port the modification. This same group, this same school, sities that would love to compete for The Clerk read as follows: finished second behind General Motors these dollars and for this kind of fund- Modification to part C amendment No. 3 in the first world solar challenge in ing. Offered by Mr. FLAKE: At the end of the bill (before the short Australia in 1982. In 2001, they won the That is the problem with the ear- fuel-efficiency category of the second title), insert the following: marking process that we have. Mem- SEC. ll. PROCUREMENT AND ACQUISITION ethanol vehicle challenge. That’s a ve- bers of Congress are able to pick and OF ALTERNATIVE FUELS.—None of the funds hicle, by the way, that is still used on choose. We typically take from those appropriated or otherwise made available by the campus as a maintenance vehicle. accounts where we have money set this Act may be used to carry out, or pay the This school won the People’s Choice aside for competition, where people salaries and expenses of personnel who carry Awards in 2002 in Washington, DC, for can, based on merit rather than on po- out, section 526 of the Energy Independence the solar house competition. and Security Act of 2007 (Public Law 110–140; litical designation, compete for these 42 U.S.C. 17142). So they don’t come to this, com- funds. So, with that, I would ask for Mr. FLAKE (during the reading). Mr. peting for Federal funds, without hav- support for the amendment. Chairman, I withdraw my unanimous ing had successes. They don’t come I yield back the balance of my time. consent request. It has been rejected without having done things that others The Acting CHAIR. The question is already. have copied, shared and looked at. on the amendment offered by the gen- The Acting CHAIR. The gentleman They come asking for this funding not tleman from Arizona (Mr. FLAKE). from Arizona is recognized for 5 min- only to help design, engineer and con- The question was taken; and the Act- struct a center that is about to go out utes. ing Chair announced that the noes ap- Mr. FLAKE. I want to make the for bid but also to use that funding to peared to have it. help people learn how to use these point again here. I offered a unanimous Mr. FLAKE. Mr. Chairman, I demand consent request to stick within the building techniques. They are right a recorded vote. there on the campus, learning how to time frames that we’ve been given by The Acting CHAIR. Pursuant to the majority party. The majority party create jobs. We talk a lot here about clause 6 of rule XVIII, further pro- green energy jobs. This is a center that said to us, Mr. OBEY, said, We have an ceedings on the amendment offered by obligation to get our work done, so will actually be used as a laboratory in the gentleman from Arizona will be the building process to teach others what Mr. HOYER and I did was to offer postponed. the minority leader the opportunity, how to do this green energy job cre- Mr. FLAKE. Before proceeding with ation and green energy building. from a compressed number of amend- my amendment, Mr. Chairman, and so As we know, buildings consume 48 ments, to select their own amend- I won’t gobble up my time, I would percent of the Nation’s energy. The ments, any amendments they wanted, MARET Center will consume zero per- move that the Committee rise so that but they don’t want to be limited by cent of the Nation’s energy. In fact, it the whole House may entertain the number of time. I don’t fault them for will put energy back into the system. unanimous consent request to modify that. I’m simply stating the facts. Programs like this are crucial to the my amendment. Well, here we are with the facts. efforts we have for our economy and The Acting CHAIR. The gentleman’s We’re willing to be limited by time. We for our national security. Our Nation motion is not in order according to the have the constraints. All we want to do needs to have a new energy policy, an rule (House Resolution 645). is have the ability to offer our own all-of-the-above strategy, and this is PART C AMENDMENT NO. 3 OFFERED BY MR. amendments, and we’re not being given definitely part of that all-of-the-above FLAKE that ability. The majority party has strategy. Mr. FLAKE. Mr. Chairman, I have an objected to a unanimous consent re- So I urge my colleagues to look at amendment at the desk. quest, not to offer an amendment that this issue and to look at it carefully, to The Acting CHAIR. The Clerk will is not germane or that would not be look at a program that has already had designate the amendment. made in order. It’s just an amendment national impact and to help this small The text of the amendment is as fol- that they don’t want to vote on. 2-year college continue to do the things lows: So this is the second time. It will that they have been doing for over 20 Part C amendment No. 3 offered by Mr. probably happen again and again and years now to help establish green-col- FLAKE: again. I don’t fault the gentleman from lar jobs and green technology. At the end of the bill (before the short Arizona. He is carrying out the wishes I would love to see our colleagues title), insert the following: of the leadership. come to southwest Missouri and look SEC. ll. CONGRESSIONALLY DIRECTED I want people to recognize what is at what is happening at the MARET PROJECT ELIMINATED.—None of the funds pro- vided in this Act under the heading ‘‘Depart- happening here. We have what amounts Center, because people from all over ment of Energy—Energy Programs—Energy to martial law on appropriations bills America will be following their efforts Efficiency and Renewable Energy’’ shall be this year for no reason other than the and will benefit from this investment available for the Consortium for Plant Bio- majority party wants to select the in the future. technology Research, and the aggregate amendments that they want to vote Mr. FRELINGHUYSEN. Mr. Chair- amount otherwise provided under such head- on, not because of time constraints. We man, I yield to the chairman, the gen- ing (and the portion of such amount specified are living within the time constraints. tleman from Arizona (Mr. PASTOR). for Congressionally Directed Energy Effi- We are okay with the time constraints. Mr. PASTOR of Arizona. Mr. Chair- ciency and Renewable Energy Projects) are each hereby reduced by $3,000,000. We are simply being objected to here, man, I will inform our colleagues that and are not allowed to offer the amend- the committee is opposed to the The Acting CHAIR. Pursuant to ments that we want to offer. amendment. House Resolution 645, the gentleman Mr. FRELINGHUYSEN. Mr. Chair- from Arizona (Mr. FLAKE) and a Mem- b 1630 man, I yield back the balance of my ber opposed each will control 5 min- With regard to this amendment, this time. utes. amendment would remove $3 million Mr. FLAKE. May I inquire as to the The Chair recognizes the gentleman for the Consortium for Plant Bio- time remaining? from Arizona. technology Research and would reduce

VerDate Mar 15 2010 14:39 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00049 Fmt 0688 Sfmt 0634 E:\BR09\H15JY9.001 H15JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD July 15, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 13 17881 the overall cost of the bill by a com- tates exactly that, and I am proud to man, the gentleman from Arizona (Mr. mensurate amount. support this earmark. PASTOR). I reserve the balance of my time. I urge my colleagues to vote ‘‘no’’ on Mr. PASTOR of Arizona. I thank the Mr. ROTHMAN of New Jersey. Mr. the amendment. gentleman for yielding. I will just in- Chairman, I rise in opposition to this I reserve the balance of my time. form Mr. ROTHMAN that we are against amendment. Mr. FLAKE. Mr. Chairman, may I the amendment and support the gentle- The Acting CHAIR. The gentleman is ask the time remaining? man’s earmark. recognized for 5 minutes. The Acting CHAIR. The gentleman Mr. ROTHMAN of New Jersey. I Mr. ROTHMAN of New Jersey. Mr. from Arizona has 3 minutes remaining. thank the chairman. There are good in- Chairman, I rise today in strong oppo- Mr. FLAKE. I thank the Chair. vestments, and there are bad invest- sition to this amendment. First I One of the 11 sponsors of this ear- ments. I think one would find it dif- would like to thank Chairman VIS- mark describe this organization to re- ficult and unreasonable to say that in CLOSKY, Chairman PASTOR, Ranking ceive it as a ‘‘nonprofit organization.’’ the present world economic climate, as Member FRELINGHUYSEN and all the A quick glance at its membership ros- well as energy climate, that the United Energy and Water Subcommittee mem- ter shows that in addition to 45 well- States doesn’t need to do more to be- bers for their leadership on this impor- endowed university members, 46 for- come energy independent. We do need tant legislation and their support for profit corporations also partner in this to do more. This is a public-private this project. This is a good bill, and consortium. Among them are Procter partnership involving 50 research uni- this is a good project. It will protect & Gamble and MeadWestvaco. There is versities in the United States, where America’s waterways and reduce our a lot of private money for this institu- for every dollar of Federal money, the dependence on foreign oil. I urge my tion as well. Here again we have a def- private sector invests $1.30 to come up colleagues to support the bill. icit of nearly $2 trillion, and yet we’re with ways to provide renewable energy This amendment that the gentleman spending $3 million on an earmark for in a clean fashion and clean, green from Arizona offers would remove fund- a Consortium for Plant Biotechnology American jobs. I urge opposition to ing for a project that would speed the Research that already receives funding this amendment. transition of biotechnology from the from a lot of private sector organiza- Mr. ABERCROMBIE. Mr. Chair, I rise today laboratory to the marketplace. tions, and we’re simply adding on with to oppose an amendment offered by Rep- Since 1989, Mr. Chairman, the Con- another earmark. Again, it’s the case resentative FLAKE to H.R. 3183, the Energy sortium for Plant Biotechnology Re- here that when you earmark dollars, in and Water Development Appropriations bill for search has steered more than $122 mil- this case you are removing dollars fiscal year 2010. This amendment would strike lion towards energy research projects from the account that universities and $3 million in funding from the Consortium for that are chosen on the basis of sci- other organizations can compete for. Plant Biotechnology Research located in entific merit and their importance for Over at the Federal agencies, we have a Georgia. building a renewable energy economy, mandate that they compete out these I support this funding because of the amaz- especially from biomass. The consor- kinds of projects. People compete on ing progress CPBR funded projects have been tium works with more than 50 research the basis of merit, yet here when we able to make. CPBR receives a small amount universities in the United States of skim money off the top and earmark it of funding annually and in turn has a competi- America and matches those univer- for certain organizations, there is less tive selection process to fund projects that fur- sities with private entities, which money for other colleges, organizations ther plant biotechnology that impacts the seed, transform their lab work into tech- and universities to compete for; and agrochemical, forestry, food, energy, electric nology that can be introduced into the that’s simply not right. As we’ve said power, and other nonfood agriculture-based economy, creating jobs in the rapidly over and over again, it amounts to industries. growing alternative energy sector. This quite a spoils system because just a On average, federal funds to CPBR are is a picture of a wonderful public-pri- relatively few people in the House get matched 130 percent with non-federal funds. vate partnership that so many on both the bulk of the dollars that actually go Industry must provide at least 50 percent cash sides of the aisle talk about. toward earmarks. So, Mr. Chairman, I matching, this requirement is not required by Through the Consortium for Plant would ask for a favorable vote on this federal grants and goes to prove the worthi- Biotechnology Research, the Federal amendment. We simply need to save ness of these CPBR projects and expedites dollars made available by this earmark money where we can when we’re run- their path to the marketplace. It is noteworthy are matched 130 percent with non-Fed- ning nearly a $2 trillion deficit by the that 372 CPBR-funded research projects have eral funds so that for every $1 the gov- time we get to the end of the fiscal resulted in 129 patents, 67 patent applications ernment puts in, the private sector year. pending, 274 licenses, and 5 start-up compa- puts in $1.30, for a total of $2.30 worth When I came to Congress just 8 years nies. In fact, CPBR-funded projects average of research. ago, I think our total Federal budget 2.5 patents/$1 million of federal funding. This Recently, Mr. Chairman, Rutgers was just north of $2 trillion. Our deficit is significantly higher than the university rate University in my home State of New this year will reach nearly that of 0.13 patents/one million federal dollars, Jersey partnered with the Consortium amount. And still we’re earmarking that’s 1900 percent higher. for Plant Biotechnology Research. Rut- dollars right and left to universities or In Hawaii, CPBR funded a professor at the gers’ work is focused on creating plants other organizations that have big en- University of Hawaii who developed a process that require less fertilizer to grow, the dowments already or have private sec- called ‘‘flash carbonization’’ which is now pat- result being less energy used in the tor partners who already contribute ented and has been licensed to several com- manufacture of fertilizer, cheaper money, and still we’re saying they need panies including Kingsford. This process uses crops and easily produced biomass that more. Where does it end? When do we a large cylindrical reactor to pressurize and can be converted into clean energy. say enough is enough? I would submit heat tires, green waste and municipal solid The result is tremendously efficient re- that we should say it right here on this waste to make a ‘‘biochar’’ or charcoal that search that is cheaper, that will give us earmark, and I urge support for the can be used to enhance soil or burn as a fuel. better crops and the next generation of amendment. This technology has spawned two energy clean, renewable biofuels. I yield back the balance of my time. companies that are building new environ- Mr. Chairman, if we’re going to com- Mr. ROTHMAN of New Jersey. May I mentally friendly industries and creating high bat global warming and break Amer- ask the Chair how much time is re- paying jobs in Hawaii. This progress started ica’s dependence on foreign oil, invest- maining. with a small research grant from CPBR. ing in research into the next genera- The Acting CHAIR. The gentleman CPBR supports higher-risk, longer-term en- tion of locally generated, renewable has 2 minutes. vironmental research that is essential to inno- biofuels is crucial. The Consortium for Mr. ROTHMAN of New Jersey. I yield vation, research that companies cannot afford Plant Biotechnology Research facili- 2 minutes to our distinguished chair- to do on their own. With these federal funds,

VerDate Mar 15 2010 14:39 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00050 Fmt 0688 Sfmt 9920 E:\BR09\H15JY9.001 H15JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD 17882 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 13 July 15, 2009 innovative advancements in environmental ment to H.R. 3183, the Energy and Water Ap- So it is essential that we continue to support and energy research are hastened to the mar- propriations bill for Fiscal Year 2010. activities of worthy organizations such as ketplace where they can be implemented. I As a member of the Appropriations Com- CPBR. urge my colleagues to oppose this amend- mittee, I believe it is our duty to work with our Mr. Chair, in closing, the enormity and size ment offered by Representative FLAKE and colleagues across the aisle in crafting a bill of the challenges facing communities impacted vote against its passage. that helps our country in times of economic by the energy crisis is overwhelming. Funding Mr. CONYERS. Mr. Chair, today, I rise in peril. In a political climate where energy for the work of the CPBR is worthy of continu- opposition to Representative FLAKE’s amend- sources and technology have become a cen- ation, and I would urge my colleagues to op- ment, which would reduce funding for the tral focal point, we must do everything in our pose the Flake amendment. Consortium for Plant Biotechnology Research power to do what is in the best interest of the Mr. ROTHMAN of New Jersey. I yield by $1 million. This project, which provides constituents in our respective districts, and in- back the balance of my time. grants to universities for plant-based bio- deed, the nation as well. This amendment, The Acting CHAIR. The question is technology research to promote a cleaner en- however, is not in the best interest of our con- on the amendment offered by the gen- vironment, has bipartisan and multiregional stituents. tleman from Arizona (Mr. FLAKE). support. The Consortium for Plant Biotechnology Re- The question was taken; and the Act- Funding for the Consortium for Plant Bio- search (CPBR), Inc., which is based in the ing Chair announced that the noes ap- technology Research helps promote goals set State of Georgia, is an organization which peared to have it. out by this Congress: higher education, job specializes in the transfer of plant biotech- Mr. FLAKE. Mr. Chairman, I demand training and environmental protection. A non- nologies from the research laboratory to the a recorded vote. profit corporation based in Georgia, CPBR has marketplace, and in the process, provides ex- The Acting CHAIR. Pursuant to partnered with researchers and students in panded economic opportunities through uni- clause 6 of rule XVIII, further pro- universities located in 32 states across the versity research. CPBR’s research programs ceedings on the amendment offered by country to develop biotechnology and renew- and activities are undertaken cooperatively the gentleman from Arizona will be able energy, biofuels and ‘‘green’’ chemicals with major colleges and universities around postponed. that can be used in place of ones that are the nation, including Albany State University, PART C AMENDMENT NO. 4 OFFERED BY MR. harmful to the environment. CPBR has been a which is located in my Congressional district. FLAKE pioneer in using plants and plant-based mate- In its short history, the CPBR has produced Mr. FLAKE. Mr. Chairman, I have an rials as affordable and environmentally safer over 2.5 U.S. Patents with every $1 million amendment at the desk designated as alternatives to fossil fuels. dollars of federal funding provided. Through No. 4, part C. CPBR is an example of what a public-pri- CPBR, every federal dollar is matched at a The Acting CHAIR. The Clerk will vate partnership should look like. Federal rate of 130% with non-federal funds. Addition- designate the amendment. funding is matched, on average, with 130% of ally, the organization has a commercialization The text of the amendment is as fol- non-federal funds, allowing for $2.30 worth of rate on successful projects which is over lows: research to be done for every dollar appro- 210% higher than what universities get on Part C amendment No. 4 offered by Mr. priated by Congress. The vast majority of the their own. FLAKE: project funding, 92%, will go to research The amendment offered by Congressman At the end of the bill (before the short projects. FLAKE frankly represents a gross lack of judg- title), insert the following: In my own District, the University of Michi- ment, particularly given the enormous benefits SEC. ll. CONGRESSIONALLY DIRECTED gan at Dearborn received funding from CPBR we are continuing to gain as a result of the PROJECT ELIMINATED.—None of the funds pro- and the Ford Motor Company which allowed CPBR’s research activities and tangible results vided in this Act under the heading ‘‘Depart- ment of Energy—Energy Programs—Energy Professor John Thomas and his students to being put in practice. Efficiency and Renewable Energy’’ shall be research safer methods of cleaning up toxic The CPBR has successfully worked with a available for the Ethanol from Agriculture waste. They were examining whether plants number of historically black colleges and uni- project, and the aggregate amount otherwise could be used to extract harmful contaminants versities (HBCU) through its HBCU and Minor- provided under such heading (and the portion from the soil. ity Institutions Research Fellowship Program. of such amount specified for Congressionally Important research like this is being done in This program provides peer reviewed projects Directed Energy Efficiency and Renewable universities all across the country because of at these colleges and universities which, has Energy Projects) are each hereby reduced by collaboration between CPBR, the federal gov- in turn, sparked development and growth be- $500,000. ernment, and private companies. In addition to tween the faculty and students. The Acting CHAIR. Pursuant to invaluable information gained from this re- This also broadens its interaction with its House Resolution 645, the gentleman search, a new generation of environmental private sector partners, who work closely with from Arizona (Mr. FLAKE) and a Mem- students and engineers is being exposed to the CPBR and its researchers, to carry out the ber opposed each will control 5 min- cutting edge technology. CPBR also has a his- transfer research and technology into the pro- utes. tory of working with predominately African duction of new and improved agricultural and The Chair recognizes the gentleman American institutions like Tuskegee University manufacturing processes and products. Keep from Arizona. and Albany State. These partnerships provide in mind, these are new products which were Mr. FLAKE. Mr. Chairman, I ask exciting opportunities for minority students created and developed by students and re- unanimous consent that my amend- who are traditionally underrepresented in the searchers at Universities around the country. ment be modified in the form that I environmental science and research fields. These industrial innovations create thou- have placed at the desk. Innovation from these projects can lead to sands of new jobs and strengthen our national The Acting CHAIR. Is there objection new, high-paying jobs. As of September, economy. One example of CPBR’s research is to the request of the gentleman from CPBR research had led to 129 patents grant- the current use of Miscanthus as a feedstock Arizona? ed and 5 start-up companies. Additionally, stu- for bio-ethanol and other industrial chemi- Mr. PASTOR of Arizona. Mr. Chair- dents that have participated in this research cals—a discovery which is currently used to man, I object. have gained experience that makes them reduce pollution from petroleum-based prod- The Acting CHAIR. Objection is more competitive applicants when they seek ucts throughout the energy industry. This is a heard. high tech jobs after they graduate. clear example of the contributions which this The Chair recognizes the gentleman I am pleased to support the Consortium for group has made in moving our nation toward from Arizona. Plant Biotechnology Research and its vital energy independence and improved techno- Mr. FLAKE. You know, I thought the mission of providing universities and private logical efficiency. third time might be the charm, but ap- industry the tools to collaborate to allow for We are all aware that advancing energy parently not. Let me just make the vital environmental research. I encourage my technology is one of the most important issues case again. The reason that we have colleagues to oppose Mr. FLAKE’s amendment. we face today. It is an issue that many feel martial law this year on appropriations Mr. BISHOP of Georgia. Mr. Chair, I join my very passionate about and affects the pockets bills is because we were told we needed colleagues in opposition to the Flake Amend- of all of us and our constituents. to stay within the time structure. Now

VerDate Mar 15 2010 14:39 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00051 Fmt 0688 Sfmt 0634 E:\BR09\H15JY9.001 H15JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD July 15, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 13 17883 that excuse, I have to say, Mr. Chair- agency decide where to spend the makes absolutely no sense not to con- man, was a bit suspect to start with. money because it’s our role under the tinue this research, bring it to fruition We are finished with voting today. We Constitution here in Congress. But if and put it on the ground and make it finished I think just before 4 o’clock. you accept that, you have to accept the work for the American people and re- We’ll be finished with these amend- fact that every Member of Congress duce our need for foreign oil. ments and be out of here by 5 p.m. knows their district better than some So I rise in strenuous opposition to That’s 2 o’clock on the west coast. faceless bureaucrat, as it’s always said. this amendment. I would ask the House Done for the night. And we don’t have But if that’s the case, why do appropri- to join me in being opposed to this time to make in order a few other ators and other Members in leadership amendment. amendments? But here if that were the know their districts so much better I reserve the balance of my time. case, okay. We’re accepting the time than everybody else around here? Mr. FLAKE. May I inquire as to the constraints. We accept that the major- So it seems to be a bit of a spoils sys- time remaining. ity party believes we should be done at tem, Mr. Chairman. I have to say, on The Acting CHAIR. One minute re- 3 o’clock or 4 o’clock today. So we’ll this earmark with ethanol, we’re mains. just say, Let’s just substitute one of spending a lot of money on ethanol. Mr. FLAKE. We spend upwards, in the amendments that we would like to When you take the farm bill into ac- cumulative subsidies, of about $420 bil- offer for one of the ones that we had count, when you take just about every- lion at an average of $28 billion annu- made in order under the rule. Yet the thing else we are doing into account ally and climbing on ethanol. We keep majority party says, No, we only want with the energy bills that have been hearing year after year after year, we to vote on the amendments that we passed, it’s not as if we are starving just need to seed corn here, if you will, want to vote on, not the ones you want this beast. There is a lot of money we just need it to prime the pump, and to offer. going in here. Again, we’re sending it will take care of itself later. And 30 So let’s get rid of, once and for all, $500,000 more when we have a deficit years later, we are still subsidizing at the excuse that this is a matter of nearing $2 trillion. about $28 billion annually. And then we time, that the minority party simply With that, I reserve the balance of have to mandate use for it. The truth is, we all know you can won’t agree to live within the time my time. strictures. That is simply untrue. We Mr. BERRY. I rise in opposition to turn ethanol out of an old boot if you are agreeing here to live within the the amendment. expend enough energy doing it. At time constraints, unreasonable though The Acting CHAIR. The gentleman some point, you have to question are they may be, from the majority party from Arkansas is recognized for 5 min- we doing the right thing here with our as long as we can offer the amendments utes. dollars. When we are already spending that we would like to offer, but we’re Mr. BERRY. Thank you, Mr. Chair- $28 billion annually, does it make sense to throw in another $500,000 to Arkan- not being allowed that. We’ve asked for man. I thank our chairman Mr. VIS- sas State University? Are they going to three unanimous consent requests, CLOSKY, Mr. PASTOR and ranking mem- discover something that $28 billion an- each have been objected to. ber Mr. FRELINGHUYSEN for putting to- Mr. Chairman, this amendment gether a really good bill, and the staff nually for about 30 years has not dis- would strike $500,000 in funding for eth- has done an outstanding job with all of covered? At some point, we have to say we anol from agriculture at Arkansas this, and we certainly appreciate all have a $2 trillion deficit and we have State University, and it would reduce the hard work that they’ve done and priorities here. So, Mr. Chairman, I the overall cost of the bill by a com- continue to do. It would be the most would suggest we have to start some- mensurate amount. foolish thing we could possibly do in where. Please, with this program, let’s Mr. Chairman, again, we see what we this country. We have economically save some money. know is probably best referred to as a succeeded and lived off of the great re- spoils system. One appropriator ap- I yield back the balance of my time. search—most of it that was begun dur- Mr. BERRY. I continue to be opposed proached me the other day and said, ‘‘I ing World War II, continued after wish you wouldn’t use that term. It’s to this amendment. World War II and made us the tech- I’m very proud of the work that has pejorative.’’ I don’t know if there’s a nology leaders of the world. It has tre- been done at the Arkansas Biosciences less pejorative term that can be used. mendous economic benefits. For us to Institute. I think it is the kind of in- But here’s the case: So far the earmark now pursue a course to say that we vestment that this government needs dollars that have flown out with the don’t need to do research, that it to make in research and development appropriations bills thus far, powerful doesn’t serve a good purpose. to make sure that we continue to be Members of Congress—these are the ap- The research that is being done at the leader in the world in these areas. propriators and those who are chair- Arkansas State University, by the Ar- With that, I ask my fellow Members men or ranking minority members— kansas Biosciences Institute that was to vote against this amendment. they represent about 24 percent of this created and funded by the State of Ar- I yield back the balance of my time. body. Yet when you look at the ear- kansas, and tremendous investments The Acting CHAIR. The question is mark dollars in CJS, 58 percent went to have gone into that institute and great on the amendment offered by the gen- just 24 percent of the body; Homeland work is being done there, some of it, a tleman from Arizona (Mr. FLAKE). Security, 68 percent; Interior, 64 per- very small part of it, is being funded by The question was taken; and the Act- cent; Agriculture, 67 percent; MILCON- the Federal Government. That is most ing Chair announced that the noes ap- VA, 52 percent; Energy and Water—this appropriate. What this does is to make peared to have it. bill that we’re discussing today—58 it possible to take the straw that is left Mr. FLAKE. Mr. Chairman, I demand percent of the earmark dollars go to after you harvest an acre of rice, and a recorded vote. just 24 percent of this body. It’s a convert it to 270 gallons of ethanol. The Acting CHAIR. Pursuant to spoils system. I don’t know of any less That’s after you take the grain off of clause 6 of rule XVIII, further pro- pejorative term to use. To the victors it. ceedings on the amendment offered by go the spoils, I guess. But that’s an- the gentleman from Arizona will be other problem with earmarking. It’s b 1645 postponed. not just that dollars are wasted or that It makes all the sense in the world to PART C AMENDMENT NO. 5 OFFERED BY MR. dollars in defense bills are basically do this, and this would also be applica- FLAKE given out as no-bid contracts. It’s that ble to other crops. Mr. FLAKE. Mr. Chairman, I have an just a small number of people in this So we are talking about using some- amendment at the desk designated as body control too many of the dollars, thing right now that just lays there No. 5 in part C. and we’re told that we shouldn’t let and rots and turning it into fuel that is The Acting CHAIR. The Clerk will some faceless bureaucrat over in some environmentally friendly. And it designate the amendment.

VerDate Mar 15 2010 14:39 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00052 Fmt 0688 Sfmt 0634 E:\BR09\H15JY9.001 H15JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD 17884 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 13 July 15, 2009 The text of the amendment is as fol- center’s Cowell Theater last year, Mr. PASTOR of Arizona. This ear- lows: which is on the same premises, I be- mark, its sponsor is the Congress- Part C amendment No. 5 offered by Mr. lieve. woman from San Francisco. FLAKE: Now, I don’t know why in the world Mr. FLAKE. I believe that is the At the end of the bill (before the short we keep earmarking dollars for centers Speaker of the House. title), insert the following: like this. They clearly are in areas, in Now, I mentioned before that the SEC. ll. CONGRESSIONALLY DIRECTED this case, San Francisco, where there is center contains a theater called the PROJECT ELIMINATED.—None of the funds pro- other funding or other funding is al- Cowell Theater. Last year the earmark vided in this Act under the heading ‘‘Depart- ready used. But in this case we have a sponsor went on a 12-city tour with her ment of Energy—Energy Programs—Energy particularly powerful individual who new book, ‘‘Know Your Power: A Mes- Efficiency and Renewable Energy’’ shall be available for the Fort Mason Center Pier 2 requested the earmark who is able to sage to America’s Daughters.’’ I think project, and the aggregate amount otherwise get it time and time again, and so we that the Member who requested this provided under such heading (and the portion are seeing this earmark funded. earmark certainly knows her power. of such amount specified for Congressionally At what point do we say we have to That is part of the problem with this Directed Energy Efficiency and Renewable make priorities here? When you have a earmark process. Energy Projects) are each hereby reduced by deficit that may hit $2 trillion this Again, let me point out, in this piece $2,000,000. year, at what point do we say we can’t of legislation, the Energy and Water The Acting CHAIR. Pursuant to spend another $2 million for the Fort bill, 58 percent of the funding is going House Resolution 645, the gentleman Mason Center Pier 2 earmark? to just 24 percent of the body, people from Arizona (Mr. FLAKE) and a Mem- With that, I reserve the balance of who know their power and know that ber opposed each will control 5 min- my time. they can get earmarks. And we hear a utes. Mr. PASTOR of Arizona. I claim the lot of high-minded rhetoric about ear- The Chair recognizes the gentleman time in opposition. marks, that we are doing it because we The Acting CHAIR. The gentleman from Arizona. know our districts better than those from Arizona is recognized for 5 min- Mr. FLAKE. Mr. Chairman, I ask bureaucrats, and these bureaucrats utes. shouldn’t be able to choose because I unanimous consent that my amend- Mr. PASTOR of Arizona. Before I get know my district better. But appar- ment be modified in the form I placed into the substance of Fort Mason Cen- ently just a quarter of the Members of at the desk. ter, what I would like to announce is this body seem to know their district Mr. PASTOR of Arizona. Mr. Chair- there was concern expressed regarding better than everybody else because man, I object. the manager’s amendment, especially they keep getting all of the earmark The Acting CHAIR. An objection is as it related to the vehicle purchase as dollars. heard. outlined in that manager’s amend- So, when you strip it all away, we are The gentleman from Arizona is rec- ment. I am committing to work with earmarking dollars because we can ognized. all Members to address that their con- here and sometimes to the same orga- Mr. FLAKE. Let the record state, cerns will be addressed in conference. four times now, four times asking The gentleman from Arizona is right: nizations or institutions that get it unanimous consent to simply swap for we have a congressionally directed year after year after year. And when an amendment that we would like to mark in this bill that will assist the we are running a deficit that may hit offer rather than one that the majority Fort Mason Center to continue its best $2 trillion, I would think that we ought party would like to hear. But again, it practices in its development. He is cor- to say enough is enough. The sponsor has been rejected. So I will go on. rect: since this base was basically of this earmark appears to be associ- This amendment would prohibit $2 closed down, this area has been devel- ated with, either is a lone sponsor or in million for funding for the Fort Mason oping to assist the people of San Fran- collaboration with other Members, Center Pier 2 earmark and reduce over- cisco and the surrounding areas as a more than $87 million worth of ear- all cost of the bill a commensurate center for culture, education and recre- marks last year and more than $94 mil- amount. ation. It is located on the northwest lion the year before. So knowing your According to the sponsor, and I don’t side of San Francisco and includes a power certainly helps around here. At some point, this body has to stand see the sponsor here today, the Fort number of buildings and piers, and it up and say we can’t continue to do Mason Center operates the retired U.S. leases space to 24 nonprofit organiza- this. We have to be stewards of the tax- Army West Coast Port of Embarkation tions. payer money. And I would submit that as a ‘‘national standard for historic The gentleman from Arizona is cor- when we are running a $2 trillion def- preservation, urban planning, sustain- rect: this is an earmark that continues icit this year, we may hit that coming able business practices, nonprofit sup- the development of the center. The at- up, then now is the time to say we port and incubation’’ and on and on. tempt of this earmark is to specifically can’t continue to fund earmarks like According to a 2001 press release, this incorporate sustainable design and con- this. is not the first earmark for the Fort struction strategies consistent with I would ask for support of the amend- Mason Center by the same sponsor. LEED silver certification in the likeli- ment. That year, the sponsor directed a $13 hood it will be better than that certifi- cation. I yield back the balance of my time. million earmark to the center for seis- Mr. PASTOR of Arizona. Well, I mic upgrades. According to the spon- The continued development of the center will now include more and ex- would tell my dear friend from Ari- sor, this year’s earmark was requested tensive use of solar and wind energy zona, and he is a dear friend, that this for costs associated with ‘‘repairs re- and will serve as a model for sustain- year we, our colleagues, at least those lated to sustainability and energy effi- able practices within a historically from Arizona, that requested congres- ciency, as well as seismic safety and sensitive context. sional direct earmarks in this bill are patron access.’’ And so with that, I would request a part of that 24 percent and are very According to its Web site, the center ‘‘no’’ to the amendment. happy to belong to it. So, we will con- ‘‘embodies the essence of San Fran- I reserve the balance of my time. tinue to work with Mr. FLAKE and cisco, nearness to nature, combined Mr. FLAKE. I inquire as to the time other Members of Congress. with novel architecture, a nod to the remaining. I yield back my time. past, and a dose of the different’’ and The Acting CHAIR. The gentleman The Acting CHAIR. The question is boasts 300,000 square feet of space for 17 from Arizona has 21⁄2 minutes remain- on the amendment offered by the gen- venues and on and on. This center ing. tleman from Arizona (Mr. FLAKE). hosts a lot of events annually. I sus- Mr. FLAKE. I would yield to the gen- The question was taken; and the Act- pect that more than a few of the tleman from Arizona if he would indi- ing Chair announced that the noes ap- attendees made their way also to the cate whose earmark this is. peared to have it.

VerDate Mar 15 2010 14:39 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00053 Fmt 0688 Sfmt 0634 E:\BR09\H15JY9.001 H15JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD July 15, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 13 17885 Mr. FLAKE. Mr. Chairman, I demand Democrats were rejected as well, be- ing, I would like to look at it. Bottom a recorded vote. cause the leadership of this body and line, I believe that we do need to be in- The Acting CHAIR. Pursuant to the majority party simply didn’t want vesting more in this type of education. clause 6 of rule XVIII, further pro- to hear those amendments. As a Member of Congress, I have be- ceedings on the amendment offered by This amendment would prevent come very concerned about America’s the gentleman from Arizona will be $300,000 in funding for the Wentworth competitiveness, and I look at what’s postponed. University for STEM equipment and to happened in this country, and we talk PART C AMENDMENT NO. 10 OFFERED BY MR. reduce the cost of the bill by a com- a lot about our taxes and our tax code FLAKE mensurate amount. STEM in this case and the fact that we have the second Mr. FLAKE. I have an amendment at stands for Science, Technology, Engi- highest corporate tax in the world and the desk, designated as No. 10 in part neering and Math. Wentworth Univer- the impact that that has on our com- C. sity is a private residential liberal arts petitiveness and our ability for small The Acting CHAIR. The Clerk will institution. The STEM equipment pro- businesses to compete. designate the amendment. vided by this earmark would be located We talk about our regulatory cli- The text of the amendment is as fol- in Wentworth’s University Center for mate, our litigious system, but I also lows: Applied Health Sciences. think we ought to be looking at our education system. And we know that Part C amendment No. 10 offered by Mr. Now I can’t imagine that any univer- around the world other countries are FLAKE: sity in the United States would not At the end of the bill (before the short want Federal funding to increase stu- investing in the STEM areas espe- title), insert the following: dent capacity at their institution. In cially, the science, technology, engi- SEC. ll. CONGRESSIONALLY DIRECTED fact, I doubt these universities would neering, and mathematics, and it’s im- PROJECT ELIMINATED.—None of the funds pro- even be picky about the field to which portant to our future. As you think vided in this Act under the heading ‘‘Depart- the money was designated. about America’s ability to continue to ment of Energy—Energy Programs—Energy be a leader in innovation and tech- Efficiency and Renewable Energy’’ shall be b 1700 nology, a leader in research, I do be- available for the Whitworth University Stem lieve that we need to be investing more Equipment project, and the aggregate But simply wanting Federal money amount otherwise provided under such head- does not equate or merit getting the in these areas. ing (and the portion of such amount specified money. You simply ought to have—to I’m one who is shocked to know that for Congressionally Directed Energy Effi- the extent that we provide Federal dol- a third of our kids will drop out of high ciency and Renewable Energy Projects) are lars for institutions of higher learning, school. Fifty percent who go to college each hereby reduced by $300,000. they ought to be distributed on a com- need some kind of remedial math or The Acting CHAIR. Pursuant to petitive basis, not on a spoils system, English. We need to be raising the bar House Resolution 645, the gentleman not because one Member can designate and we need to be giving them more op- from Arizona (Mr. FLAKE) and a Mem- here or there. portunities. ber opposed each will control 5 min- We tell the agencies you have to set As it relates to natural science and utes. up a program by which people can com- engineering majors, it’s estimated by The Chair recognizes the gentleman pete for grants like this, but then we the National Science Foundation that from Arizona. tell them, All right, but not for this we will acknowledge a shortage of Mr. FLAKE. Mr. Chairman, I ask pot of money. We’re just going to des- 675,000 natural science and engineering unanimous consent that my amend- ignate it, and for the rest of the money majors in the next few years. We need ment be modified in the manner des- in the account, then let people compete to give our students the critical skills ignated at desk. for that. But I’m going to get mine for necessary to compete in the new global economy. Utilizing the advanced tech- Mr. PASTOR of Arizona. Mr. Chair- my university, or she’s going to get nology and state-of-the-art equipment man, for the fifth time I will object. hers for her university, or they’re in our colleges, such as what the fund- The Acting CHAIR. An objection is going to get theirs for their university. ing allows in this bill, will help accom- heard. That’s simply not right. plish that goal. Mr. FLAKE. I can’t say that I’m If we don’t like the way the Federal Whitworth University has seen a 57 shocked by now. This is the fifth time, agencies are distributing the money, percent rise in the number of students I guess, but be it noted it is the fifth then, by golly, we ought to change the majoring in science. The STEM time we have asked for unanimous con- way it is set up. And, by the way, they Project, which is also matched by pri- sent to offer the amendments that we distribute that money, but we vate funds, will give Whitworth the would like to offer on this side of the shouldn’t run a parallel system where ability to install the necessary tech- aisle. But, again, this request has been we say, We don’t like the way you are nology and equipment to allow an addi- rejected, not because of time con- distributing money so you simply will tional 2,500 students to pursue science straints. We are living within the time have to wait and watch while we dis- majors. Moreover, inclusion of this ad- constraints. It is because the majority tribute off the top. vanced technology and state-of-the-art party seems to only want to entertain With that, I reserve the balance of equipment in required research-inten- amendments that they know they can my time. sive courses will enable students to be defeat. They don’t want anything con- Mr. FRELINGHUYSEN. I rise in op- better prepared to contribute to our troversial on the floor, and so we are position to the amendment. Nation’s workforce immediately upon breaking with tradition that has held The Acting CHAIR. The gentleman graduation. This project is supported for decades and decades, if not a cen- from New Jersey is recognized for 5 by a bipartisan group of State legisla- tury in this House, that we have open minutes. tors, the Greater Spokane Incor- appropriations bills. Instead, we have a Mr. FRELINGHUYSEN. I am pleased porated, and many others that are fo- sort of a martial law with appropria- to yield to the gentlewoman from cused on this issue, Mr. Chairman. tions bills where they come under a Washington State, Mrs. MCMORRIS There is no doubt that we must be modified rule that only allows the RODGERS. concerned about out-of-control spend- amendment that the majority chooses Mrs. MCMORRIS RODGERS. Thank ing; yet I do believe there are worthy to hear, not the ones that Members you for yielding, and I appreciate the projects out there such as this one want to offer. time. which will enable the United States to That simply disenfranchises most of I am in opposition to this amend- remain a global leader in the 21st cen- the Members of this body, I should say ment. To the gentleman from Arizona’s tury. And I urge opposition to this on both sides of the aisle. Many amend- point, if there was a way for us to set amendment. ments that were bipartisan amend- up a system whereby universities and Mr. FRELINGHUYSEN. I yield to the ments or amendments offered by colleges could compete for this fund- chairman of the subcommittee.

VerDate Mar 15 2010 14:39 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00054 Fmt 0688 Sfmt 0634 E:\BR09\H15JY9.001 H15JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD 17886 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 13 July 15, 2009 Mr. PASTOR of Arizona. I rise just to vided in this Act under the heading ‘‘Depart- mark, I don’t know if it fits into all of inform the gentlelady that the com- ment of Energy—Energy Projects—Energy the categories that I’ve heard in the mittee is opposed to the amendment Efficiency and Renewable Energy’’ shall be past. and supports her congressional-di- available for the Boston Architectural Col- Just for the record, I would like to lege’s Urban Sustainability Initiative, and point out that not every Member of the rected earmark. the aggregate amount otherwise provided Mr. FRELINGHUYSEN. I yield back. under such heading (and the portion of such majority wanted this amendment to be Mr. FLAKE. May I inquire as to the amount specified for Congressionally Di- offered today, but I don’t mind. time remaining? rected Energy Efficiency and Renewable En- With that, I reserve the balance of The Acting CHAIR. The gentleman ergy Projects) are each hereby reduced by my time. has 2 minutes. $1,600,000. Mr. FLAKE. The gentleman is cor- Mr. FLAKE. Let me just say again, The Acting CHAIR. Pursuant to rect. This goes to the Boston Architec- here we have a private university. I’m House Resolution 645, the gentleman tural College. The Sustainable Design sure that it’s a great university. I’m from Arizona (Mr. FLAKE) and a Mem- Program is an online program. It al- sure this is a great program that it has, ber opposed each will control 5 min- lows students from all over the country but we have private and public univer- utes. to enroll in classes and complete a cer- sities all over the country that are The gentleman from Arizona is rec- tificate without even stepping onto the hurting badly and would like to receive ognized. campus. Who then will be carrying out funding like this and would like to be Mr. FLAKE. Mr. Chairman, this the project? able to compete for funding like this amendment would prohibit $1.6 million I just wonder how the residents of under a program where they’re on from funding the Boston Architectural Chicago, for example, whose alleyways equal footing, where the money is not College Urban Sustainability Project. have to outnumber just about every earmarked or cut off the top and just I appreciate the fact that Boston Ar- city in the world, feel about this ear- awarded to individual organizations or chitectural College is interested in mark. In 2006, Chicago created its own institutions. That’s the problem with urban sustainability and green innova- Green Alley Initiative, one of the most ambitious public street makeover this process. It’s one of the problems of tion. According to the college, they’re plans in the U.S. However, instead of this process. And so I would urge adop- hopeful that that project will serve as relying on Federal funds, Chicago used tion of the resolution. a model for densely built areas, such as its own resources and relied on the Chi- And, again, let me just go back to Boston’s Back Bay historic district. In cago Department of Transportation to the request for unanimous consent to fact, the Green Alley funding for this implement the program. modify the amendment. earmark would be constructed in one of Again, going back to what the appro- If the Boston Architectural College is Back Bay’s public alleys. For those un- trying to be an example in urban sus- priations chairman said the other day familiar with Boston, Back Bay is a to the majority leader or said with the tainability, maybe they should be, and residential, retail, and commercial of- we all should be, looking to Chicago for majority leader, We did offer the mi- fice district. It’s considered to be one nority leader the opportunity in the that. Not only has Chicago imple- of Boston’s most—in one of Boston’s mented several green initiatives on a compressed number of amendments to most high-rent neighborhoods. much wider scale, but it does not ap- select their own amendment, any While the construction of the project pear to rely on an earmark to do it. amendments they wanted, but they did may be carried out by the Boston Ar- We simply can’t afford to continue to not want to be limited in number or chitectural College, it will benefit an earmark dollars for this program or time. apparently affluent neighborhood. others when we’re running a deficit Here we’re saying we will be limited With that, I reserve the balance of that could approach $2 trillion this to number and time. We simply would my time. year. I don’t know how many times we like to select the amendments that we Mr. CAPUANO. Mr. Chairman, I have to say it or how many times we would like to offer, but we’re being de- would like to claim time in opposition. have to be voted down on the floor on nied that opportunity. Five times. Five The CHAIR. The gentleman from these before we recognize we have to requests for unanimous consent. Five Massachusetts is recognized for 5 min- change things here. denials to simply offer the amend- utes. We are on a path, fiscally, that is ments that we would like to offer. Mr. CAPUANO. The gentleman is unsustainable. And when we continue I yield back the balance of my time. right. It is an affluent neighborhood, to have bills like this that earmark The Acting CHAIR. The question is but the school is not affluent. The hundreds of millions of dollars not on a on the amendment offered by the gen- neighborhood is not doing the work; competitive basis—remember, ear- tleman from Arizona (Mr. FLAKE). the school is going to do it. The neigh- marks aren’t competitive. Earmarks The question was taken; and the Act- borhood will benefit from it in some in- mean that you forego the competitive ing Chair announced that the noes ap- direct way because they all live near process. You circumvent it. You tell peared to have it. the Charles River. The storm water those that are competing for moneys Mr. FLAKE. Mr. Chairman, I demand currently runs into the Charles River like this, You will have to take a back- a recorded vote. and pollutes it. seat because we’re going to take that The Acting CHAIR. Pursuant to I want to make it clear. This is like money that you could have competed clause 6 of rule XVIII, further pro- many other things, my presumption for and we are going to give it to some- ceedings on the amendment offered by is—I don’t know yet—but it doesn’t body else. the gentleman from Arizona will be sound like this objection is with this So perhaps this program is worthy of postponed. particular earmark. It’s with earmarks Federal money. Perhaps it isn’t. It PART C AMENDMENT NO. 11 OFFERED BY MR. as a whole. should have to compete for it. If we FLAKE I want to make it clear. Based on don’t like the way the Federal agencies Mr. FLAKE. I have an amendment at things I have read in the papers, this have set up the programs for competi- the desk. college does not have a lobbyist, either tion, we should change them. We The Acting CHAIR. The Clerk will a Federal or State lobbyist. No one should instruct them to change it. designate the amendment. from the school has ever donated to my That’s part of the process of author- The text of the amendment is as fol- campaign. Nothing at the school is izing, appropriating, and then exer- lows: named after me or is proposed to be cising appropriate oversight. Part C amendment No. 11 offered by Mr. named after me, and to my knowledge, But instead, here we’re saying we FLAKE: At the end of the bill (before the short the school has never received an ear- don’t like the way you do it over there title), insert the following: mark of any sort from the Federal Gov- so we’re going to create a parallel sys- SEC. ll. CONGRESSIONALLY DIRECTED ernment prior to this. So unless there tem and we are going to do it our- PROJECT ELIMINATED.—None of the funds pro- is an objection with this specific ear- selves, and that’s simply not right. It’s

VerDate Mar 15 2010 14:39 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00055 Fmt 0688 Sfmt 0634 E:\BR09\H15JY9.002 H15JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD July 15, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 13 17887 done. It amounts to a spoils system, as because I think he has a good point on And listen, let me also stipulate that I mentioned here in Congress, where that issue, not on this earmark, which the Metropolitan Museum of Art is one few powerful Members tend to get the is exactly why I hope this particular of the great art museums in the world. bulk of the dollars and amounts to amendment is defeated. When I have the occasion to go to New something, in the Defense bill, where And with that, I yield back the bal- York City, I love to go to the Met. I you are giving a no-bid contract to pri- ance of my time. particularly love to go to the galleries vate companies. And that’s simply not The Acting CHAIR. The question is that have the art of the various im- right. on the amendment offered by the gen- pressionists. I can spend hours, if not We tell the Federal agencies you tleman from Arizona (Mr. FLAKE). days, there. have to set up a program for competi- The question was taken; and the Act- So let me stipulate again, I have no tion, but then we do something else, ing Chair announced that the noes ap- doubt that this is a good use of some- and it’s not right, Mr. Chairman. peared to have it. body’s money, but let me give you a And I would urge support for the Mr. FLAKE. Mr. Chairman, I demand little background, Mr. Chairman. amendment and yield back the balance a recorded vote. The spending that has been taking of my time. The Acting CHAIR. Pursuant to place in Washington, D.C., is at an Mr. CAPUANO. I will make the offer clause 6 of rule XVIII, further pro- unsustainable pace. Already this body right here, right now. I will trade every ceedings on the amendment offered by has passed a $1.1 trillion government earmark that will be designated for the gentleman from Arizona will be stimulus plan costing every American Boston for all of those designated for postponed. family $9,810, including $100 million for Chicago any day of the week. And if ANNOUNCEMENT BY THE ACTING CHAIR an after-school snack program, $1 bil- this gentleman can make it happen, The Acting CHAIR. It is now in order lion for the census; an omnibus costing count me in. to consider amendments printed in $400 billion, costing every American As far as where the money comes part D of House Report 111–209. family $3,534, including $150,000 for lob- from, let me point out that the Com- PART D AMENDMENT NO. 1 OFFERED BY MR. ster research in Maine, $1.9 million for monwealth of Massachusetts is a donor HENSARLING a pleasure beach water taxi service in State across the board. We pay more in Mr. HENSARLING. Mr. Chairman, I Connecticut; a $700 billion bailout pro- taxes than we get back. I dare say that have an amendment at the desk des- gram so that folks like Chrysler, GM, the gentleman’s State is not in that ignated No. 1. AIG and a host of others can get tax- category, and I don’t mind that. I don’t The Acting CHAIR. The Clerk will payer dollars costing every American mind that because I see myself as an designate the amendment. family $6,034. American, not just a citizen of Boston The text of the amendment is as fol- Only 2 weeks ago, a new national en- or a citizen of Massachusetts. I think lows: ergy tax passed by the House, where every American family that will deign that’s the way we built this great coun- Part D amendment No. 1 offered by Mr. try. So I don’t have a problem with HENSARLING: to turn on a light switch, it will cost that. On occasion, do I think we have At the end of the bill (before the short them between $1,500 and $3,000, and just some good ideas in Boston? Yes, I do. title), insert the following: yesterday, a new proposal by House As far as the gentleman is concerned SEC. ll. CONGRESSIONALLY DIRECTED Democrats for a government-controlled about our deficit, I think he’s 1 million PROJECT ELIMINATED.—None of the funds pro- health care plan that will cost a min- percent right; actually, 1 trillion per- vided in this Act under the heading ‘‘Depart- imum of $1 trillion, and the spending cent right. And I would join him in ment of Energy—Energy Programs—Energy goes on and on and on. Efficiency and Renewable Energy’’ shall be And so given that backdrop, I ask anything he would like to do to actu- available for the Energy Conservation and ally deal with the deficit. One earmark Efficiency Upgrade of HVAC Controls several questions. Number one, is the at a time doesn’t do it. It makes good project, and the aggregate amount otherwise money for the Met, is this really a Fed- PR. It gets the gentleman up and talk- provided under such heading (and the portion eral responsibility? I mean, according ing, and it gets other Members—I of such amount specified for Congressionally to the chief financial officer of the would really rather be reading the Directed Energy Efficiency and Renewable Met, 31 percent of their money comes health bill right now, but that’s okay. Energy Projects) are each hereby reduced by from endowment, 28 percent from gifts, But I ask the gentleman where was $500,000. 14 percent from admissions. Is it really he on November 14, 2002, when this The Acting CHAIR. Pursuant to the responsibility of the Federal tax- House was voting on roll call No. 482, House Resolution 645, the gentleman payer to pay for this improvement in a which was the roll call to maintain the from Texas (Mr. HENSARLING) and a heating, ventilation and air condi- PAYGO rules that were the only things Member opposed each will control 5 tioning system? that kept the entire Federal Govern- minutes. And if it’s a Federal responsibility, ment constrained? The Chair recognizes the gentleman Mr. Chairman, is it really a Federal from Texas. priority? Given that we just had re- b 1715 Mr. HENSARLING. Mr. Chairman, ports that the national deficit exceeded Only 19 of us voted to keep the this is an amendment which would $1 trillion for the first time in our Na- PAYGO rules. I was one of them be- strike an earmark for a half a million tion’s history, I just ask the question, cause I share the gentleman’s concern dollars to the New York Metropolitan if it is a Federal responsibility, is it a about deficits. You don’t deal with Museum of Art. According to the spon- Federal priority? deficits one nickel or one dime or $1 sor’s Web site, the money would be And if it’s a Federal priority, is it million at a time. You deal with them used, For needed conversion of various equal to other Federal priorities? Is it across the board, if that’s the concern. HVAC systems for obsolete and high as important for spending money for If the concern is this particular ear- energy consuming systems to direct the National Institutes of Health to mark, I didn’t hear too many things digital control systems which will find the cure for cancer? Is it as impor- that designated this. If the concern is vastly reduce energy costs while allow- tant as spending money on our vet- the concept of earmarks, well, I didn’t ing for greater conservation and use of erans health care system? And particu- run for office to do nothing. I did not existing energy within the building. larly in this economy, Mr. Chairman, is run for office to allow the President or Mr. Chairman, I want to stipulate it as important as giving tax relief to the Governor of the State—and I was a that I have no doubt that this would be small business, the job engine in Amer- mayor. I don’t believe in imperial ex- a very valuable improvement for the ica? ecutives. So we disagree on that issue. Met. I have no doubt this is a good use And if it raises to that level of impor- If it is deficit, I will join the gen- of somebody’s money, but Mr. Chair- tance, I ask one more question, and tleman anytime to truly address the man, I have several questions about that is, is it worth borrowing money deficit problem we have in this country this. from the Chinese to send a bill to our

VerDate Mar 15 2010 14:39 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00056 Fmt 0688 Sfmt 0634 E:\BR09\H15JY9.002 H15JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD 17888 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 13 July 15, 2009 children and grandchildren in order to history of America but the historical that they don’t want to borrow a half a give this improvement for the HVAC at art from around the world, and it is million dollars from the Chinese and the New York Met? And as great as the also a center that helps other muse- send the bill to their children and museum is, as great as this HVAC sys- ums, including Texas. grandchildren and future generations. tem is, Mr. Chairman, I do not think it The museum recently volunteered its Those are the taxpayers and the citi- rises to that level. help to the Kimbell Art Museum in zens of the Fifth District of Texas that I reserve the balance of my time. Fort Worth, which draws attendees I have the honor of representing. Mrs. MALONEY. Mr. Chairman, I rise from Congressman HENSARLING’s dis- Spending is out of control. Let’s in opposition to the gentleman’s trict, and exhibited the first known start somewhere. Let’s say ‘‘no’’ to amendment. painting by Michelangelo. This paint- somebody today so we can say ‘‘yes’’ to The Acting CHAIR. The gentlewoman ing was cleaned, transported, restored our children’s future tomorrow. I urge from New York is recognized for 5 min- and hung by the Metropolitan Museum adoption of the amendment. utes. of Art. Without the contribution of the I yield back the balance of my time. Mrs. MALONEY. Thank you for offer- Met, the Kimbell museum in Texas The Acting CHAIR. The question is ing me the opportunity to talk about would not have been able to support on the amendment offered by the gen- the merits of the energy conservation the exhibition of this invaluable work. tleman from Texas (Mr. HENSARLING). and efficiency upgrade of the HVAC I am confident this project is a valu- The question was taken; and the Act- controls project. able use of taxpayers dollars, investing ing Chair announced that the noes ap- This has been vetted by my office, in creating jobs and helping other mu- peared to have it. the Energy and Water Appropriations seums, and helping the economic devel- Mr. HENSARLING. Mr. Chairman, I Subcommittee, and the Department of opment of the district that I am proud demand a recorded vote. Energy, and they have decided that it to represent. The Acting CHAIR. Pursuant to will not only directly and positively In response to the gentleman’s other clause 6 of rule XVIII, further pro- impact my district but the Nation at points, our economic problems were ceedings on the amendment offered by large. not created in the 5 months that Presi- the gentleman from Texas will be post- Included in the energy efficiency and dent Obama has been in office, and poned. energy renewable account, this project they’re not going to be resolved in 5 PART D AMENDMENT NO. 2 OFFERED BY MR. will use solid-state sensors and control- months either. We are facing the most HENSARLING lers in direct digital control systems severe recession since the Great De- Mr. HENSARLING. Mr. Chairman, I which have considerable energy-effi- pression, and it will take time for the have an amendment at the desk des- ciency advantages over conventional Recovery Act to take hold. ignated No. 2. The Acting CHAIR. The Clerk will systems. These features will yield en- Likewise, the Recovery Act was not designate the amendment. ergy savings of up to 15 percent when designed to work in 5 months. It was The text of the amendment is as fol- compared to conventional systems, designed to work over 2 years, and the lows: thus a significant savings to the envi- Recovery Act was designed to provide a Part D amendment No. 2 offered by Mr. ronment and a substantial reduction in boost necessary to stop the free-fall HENSARLING: energy use by a major museum. and lay the foundation for recovery. At the end of the bill (before the short One of the goals of the Metropolitan We are working as quickly as pos- title), insert the following: Museum of Art is to reduce the energy sible in my district and across New SEC. ll. CONGRESSIONALLY DIRECTED consumption of its buildings while im- York State to move the stimulus PROJECT ELIMINATED.—None of the funds pro- proving cost-effectiveness. To achieve money into the economy as quickly as vided in this Act under the heading ‘‘Corps of these goals, the museum is seeking to possible. Economist Zandi estimates Engineers-Civil—Construction’’ shall be use energy efficiency and renewable en- available for the Pier 36 Removal project in that in the last 3 months alone over California, and the aggregate amount other- ergy technologies, recycled and sus- 500,000 jobs were saved as a result of wise provided under such heading is hereby tainable materials, and site-sensitive the stimulus spending. So far, $43 bil- reduced by $6,220,000. design to minimize the burden on the lion of the recovery spending has come The Acting CHAIR. Pursuant to environment. And one major piece of in the form of tax relief to America’s House Resolution 645, the gentleman this energy-efficiency effort is the up- working families and businesses. Let’s from Texas (Mr. HENSARLING) and a grade of the various systems to boost imagine the situation we would have Member opposed each will control 5 energy output, while allowing greater been in if we had not had the TARP minutes. control per building in the complex. money to stabilize our financial insti- The Chair recognizes the gentleman And this will reduce energy waste. This tutions and let them fail. The failure of from Texas. conversion project will also help gen- our financial and credit systems would Mr. HENSARLING. Mr. Chairman, erate 20 employment positions, which have followed the failure of institu- this is an amendment that would is needed in this time of job loss. tions, crippling our economy with mil- strike an earmark, also known as pork Finally, I would say that the Metro- lions of losses of jobs in so many direc- barrel spending, for Pier 36 removal in politan Museum of Art is a national tions and unemployment to millions of San Francisco California, reduce the treasure. It is a cultural and artistic Americans. overall account by $6.22 million. Appar- center in our country, and even if the So I strongly support this. I believe ently, Pier 36 is located along the Em- gentleman or others do not recognize it’s a good investment in energy effi- barcadero in San Francisco Bay. Ap- the value of funding art in our society, ciency and job creation and the eco- parently, according to San Francisco’s which I certainly support, it is part of nomic development of our country. Port Authority, which owns the pier, the economic lifeblood of New York The Acting CHAIR. The gentle- removal of the pier is necessary to and this country. It pays considerable woman’s time has expired. begin a new wharf project. taxes, and it also generates revenues in Mr. HENSARLING. Mr. Chairman, our city from the over 5 million annual may I inquire how much time I have b 1730 visitors to the museum. It is one of the left? Again, Mr. Chairman, I would just top tourist attractions in the country, The Acting CHAIR. Thirty seconds. ask several different questions about and by supporting this funding request, Mr. HENSARLING. Mr. Chairman, I this particular earmark. Although I you support the thousands of small would say to my friend, the gentlelady, have no doubt that removal of this pier businesses in the community that will I don’t have the honor of representing must be a good thing, I’m kind of curi- benefit from the many who visit it. Fort Worth in the Congress. My con- ous why the San Francisco Port Au- I might also say that the museum is stituents appreciate the Kimbell mu- thority doesn’t pay for it itself. I don’t considered one of the finest in the seum. They appreciate the Met. More think the Federal Government owns world, and it includes not only the art importantly, they appreciate the fact this particular pier.

VerDate Mar 15 2010 14:39 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00057 Fmt 0688 Sfmt 0634 E:\BR09\H15JY9.002 H15JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD July 15, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 13 17889 Again, I’m not going to debate that The Speaker of the House once said, It is time to lead by example. I urge it’s not a good use of money. I, again, ‘‘It’s just absolutely immoral—im- adoption of the amendment. question whether or not it is a good use moral for us to heap those deficits on I yield back the balance of my time. of the Federal taxpayer money at this our children,’’ yet the Speaker of the Mr. PASTOR of Arizona. Mr. Chair- time. House will heap an additional $6.22 mil- man, the committee finds merit in this Again, Mr. Chairman, this amend- lion of deficit on our children. She, authorized Pier 36 removal and we ask ment has to be put in context of the more than anybody else, can lead by our colleagues to object to and refuse spending that goes on around here. Mr. example. And I’m disappointed this the amendment as offered. Chairman, sometimes I just think: earmark was brought to us today. With that, I yield back the balance of When will we stop the madness? When I reserve the balance of my time. my time. will it stop? Mr. PASTOR of Arizona. I rise in op- The Acting CHAIR. The question is My Democratic colleagues from position to the amendment and claim on the amendment offered by the gen- across the aisle have now brought us a the time in opposition. tleman from Texas (Mr. HENSARLING). budget which will triple—triple—the The Acting CHAIR. The gentleman is The question was taken; and the Act- national debt in 10 years. Triple it, Mr. recognized for 5 minutes. ing Chair announced that the noes ap- Chairman. We will run up under their Mr. PASTOR of Arizona. Actually, peared to have it. budget more debt—more debt in the this pier is somewhere. It’s in San Mr. HENSARLING. Mr. Chairman, I next 10 years than in the previous 220 Francisco. Pier 36. demand a recorded vote. years of our Republic combined. This is I bring to the gentleman that this re- The Acting CHAIR. Pursuant to shocking, absolutely shocking. moval—in the 2007 WRDA bill, the clause 6 of rule XVIII, further pro- Mr. Chairman, as you well know, for funds were authorized so that the ceedings on the amendment offered by the first time in our Nation’s history Corps would begin removing the dete- the gentleman from Texas will be post- the Federal deficit has exceeded $1 tril- riorated Pier 36, which is located in the poned. lion, and in just 2 years the Federal San Francisco waterfront. PART D AMENDMENT NO. 4 OFFERED BY MR. deficit has increased tenfold. We are This pier was built in 1908–1909, and it HENSARLING borrowing forty-six cents on every dol- was built of reinforced concrete for the Mr. HENSARLING. Mr. Chairman, I lar—borrowing it from the Chinese, use as a freight ferry facility. The pier have an amendment designated No. 4. from the Japanese, from the Russians— was originally 721 feet long and 201 feet The Acting CHAIR. The Clerk will tin cup in hand, running around the wide. The outer wood portions of the designate the amendment. world saying, Please, please, lend me pier, after 70 years of being in the ele- The text of the amendment is as fol- money, because I can’t stop spending. ments, have deteriorated. lows: I heard one of my colleagues earlier Recently, further deterioration has Part D amendment No. 4 offered by Mr. say, Well, you know, this is just nickel caused the pier to be closed and it has HENSARLING: and dime kind of stuff. Number one, been secured with fencing to prevent At the end of the bill (before the short Mr. Chairman, I hope I’m never in entry. The deteriorating sections of title), insert the following: Washington so long that I conclude decking and wooden support pieces SEC. ll. CONGRESSIONALLY DIRECTED that $6.22 million of the taxpayer continue to rot, break, and float into PROJECT ELIMINATED.—None of the funds pro- money is not a lot. the bay, which represents a potential vided in this Act under the heading ‘‘Depart- Now, I know relative to the entirety hazard to navigation in the adjacent ment of Energy—Energy Programs—Elec- of the spending explosion that’s going tricity Delivery and Energy Reliability’’ Federal Channel. shall be available for the Automated Remote on around this place, maybe it’s not a In addition, Pier 36 was constructed Electric and Water Meters in South River huge amount. But, Mr. Chairman, you using creosote-soaked pilings, which project, and the aggregate amount otherwise know, if you don’t start saving the pen- contain a class of chemical compounds provided under such heading (and the portion nies and nickels, how will you ever known to affect the viability of fish of such amount specified for Congressionally save the dollars? spawning. Use of creosote-treated wood Directed Electricity Delivery and Energy I have seen no attempt around this is now prohibited in new construction Reliability Projects) are each hereby reduced place to reform Medicare, reform Med- in the San Francisco Bay. by $500,000. icaid, reform Social Security. I mean, So, the removal of Pier 36, which was The Acting CHAIR. Pursuant to I’m told that somehow if we nation- authorized in the WRDA bill 2007, is House Resolution 645, the gentleman alize, federalize health care, that if we needed to ensure that the continued de- from Texas (Mr. HENSARLING) and a have a Federal bureaucrat somehow terioration, the piles that would fall Member opposed each will control 5 stand between people’s families and into the water, would not cause a minutes. their doctors, that somehow that’s threat to navigation and the chemicals The Chair recognizes the gentleman going to save money, when the Con- that they were treated with would be from Texas. gressional Budget Office says it will eliminated as an environmental haz- Mr. HENSARLING. Mr. Chairman, cost at least a trillion dollars. And ard. this is an amendment that would that’s just a down payment. With that, I reserve the balance of strike another earmark. This one is for I have never known the Federal Gov- my time. $500,000. According to the sponsor’s ernment to take something over and Mr. HENSARLING. Mr. Chairman. Web site, funding would be used by the somehow it’s going to cost less money. May I inquire how much time I have Borough of South River, New Jersey, to Mr. Chairman, this goes to the cul- remaining. purchase and install automated remote ture of spending. Unless you change The Acting CHAIR. The gentleman electric and water meters for both of the culture of spending, you’re never has 30 seconds. the utilities owned by the borough. going to change spending. Mr. HENSARLING. Mr. Chairman, These meters would provide bi-direc- And so, according to the Web site, again, the Speaker of the House has tional real-time information to both this is a request of the Speaker of the said previously, in November of 2006, the utilities and the consumer. House. She can lead by example. More ‘‘I’d just soon do away with all ear- Again, not unlike my previous so than any individual in this institu- marks,’’ which begs the question: Why amendments, Mr. Chairman, I will stip- tion, she can lead by example. In No- is she bringing at least two of them ulate I assume this is very interesting, vember of 2006, she said, ‘‘You can’t today? useful, cutting-edge kind of stuff for have bridges to nowhere for America’s She has also said, ‘‘It is absolutely the Borough of South River, New Jer- children to pay for.’’ Well, Mr. Chair- immoral—immoral for us to heap those sey. I’m sure that this would help the man, apparently you can’t have piers deficits on our children.’’ Why is she gentleman’s constituents. Maybe it to nowhere for America’s children to asking us to heap another immoral will help make them more energy effi- pay for. $6.22 million of debt on our children? cient. I will just assume that this is

VerDate Mar 15 2010 14:39 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00058 Fmt 0688 Sfmt 0634 E:\BR09\H15JY9.002 H15JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD 17890 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 13 July 15, 2009 good technology. Again, I assume it’s a old son’s future, my 7-year-old daugh- in the country are not funded to con- good use of somebody’s money. ter’s future, and the future of all the vert to smart metering. This is cer- But I again question, is it a Federal children and great grandchildren of our tainly a good investment. responsibility, number one. Why the country. I reserve the balance of my time. citizens of the Borough of South River, I reserve the balance of my time. Mr. HENSARLING. Mr. Chairman, I New Jersey? Why not the citizens of Mr. HOLT. I rise in opposition to the saw that the gentleman from New Jer- Provo, Utah; Missoula, Montana, Ban- amendment, Mr. Chair. sey was lamenting the high energy gor, Maine; not to mention Mineola, The Acting CHAIR. The gentleman is rates of his constituents. And although Texas, which happens to be in my dis- recognized for 5 minutes. I don’t have the House RECORD in front trict. Should we buy these for every Mr. HOLT. I understand the hope of of me, I’m under the impression he re- single borough, city, town, village in my colleague from Texas to rein in ex- cently voted for the national energy the Nation? cessive government spending, but he is tax, which would cost his constituents Again, Mr. Chairman, this has to be really misguided on this one. anywhere from $1,500 to $3,000 a year. put in a backdrop of what is going on This is a project that would provide Second of all, I believe in the value of in our economy today. Since the Presi- real benefit to the residents of the Bor- demonstration projects as well. My dent took office, what we know, Mr. ough of South River, and as a dem- constituents would like a demonstra- Chairman, is that unemployment has onstration project it would serve as an tion project of fiscal sanity in the gone up to 9.5 percent, an increase of example for the rest of New Jersey and United States Congress. They have yet just 25 percent since the President has the Northeast and indeed the whole Na- to see one. Here is a small demonstra- been in office. tion of how to use technology to con- tion project of fiscal sanity on behalf of Since he’s been in office, the econ- serve energy, to use it more wisely. In our children and grandchildren by omy has shed 2.6 million jobs. The pub- fact, every dollar spent, to paraphrase adopting this amendment. lic debt has increased 13.66 percent. I yield back the balance of my time. my friend here, on smart metering, is Mr. HOLT. May I ask the Chair the The Federal deficit now exceeds $1 tril- indeed a dollar well spent. remaining time? lion, $1 trillion for the first time in our My constituents in New Jersey pay The Acting CHAIR. The gentleman entire Nation’s history. some of the highest utility rates in the has 2 minutes. And so I would again ask my col- Nation. In the Borough of South River, Mr. HOLT. Let me try to figure out leagues: Where do you draw the line? they are seeking assistance to help de- why it is that the gentleman from Where do you finally say ‘‘no’’ to some- crease the electric bills of the borough Texas (Mr. HENSARLING) is proposing to one’s project today so you can say residents, and they’re seeking to dem- do this. I can assure, I think it is un- ‘‘yes’’ to our children and grand- onstrate that this works. Funding for likely that he knows as much about children’s future tomorrow? I would the automated remote electric project this project as I do, but I must say en- hope it would be here. I would hope it will provide relief to the constituents ergy has been my professional field for would be now. in this municipal energy system, and it most of my life. Again, like another of my colleagues will serve as a wonderful example. This is, I would argue, a good invest- said, I wish we were talking about sav- South River owns and operates its ment. To refer to the comments of my ings trillions of dollars today. Frankly, own utilities. It’s moving toward im- colleague from Massachusetts a while I, as other Members of the Republican plementing a borough-wide smart grid. ago, this approach of trying to deal side, have offered amendments that This metering that the borough in- with the deficit and excess spending would save substantial amounts of tends to purchase is the first step to- one project at a time is sort of a waste. money, but a funny thing happened on ward this eventual goal. They would If the gentleman is really concerned the way to the Rules Committee. provide real-time consumption infor- about this, I presume that we will find Somehow those—those weren’t found mation. It would allow the users to his vote in the ‘‘aye’’ column next in order. And so we don’t have the op- make wise decisions based on the real week when we consider pay-as-you-go portunity to debate those amendments cost of service in real time. legislation. on the House floor. It’s just exactly what we have been If he’s concerned about earmarks, as So I guess we’re left to debate half a discussing here in the House of Rep- a concept, then I would say, yes, the million dollar amendments instead of resentatives in recent weeks. It’s well OMB, the Office of Management and half a trillion dollar amendments like established in the scientific commu- Budget, speaking on behalf of the we would like. nity that climate change of recent dec- White House, should have included this You know, we’ve got to remember ades can be attributed to the way we project in their request to Congress that dollars have alternative uses, Mr. produce and use energy and that cli- and many more like it. But they didn’t. Chairman. Every dollar that is spent mate change is altering our planet in And so, is the gentleman saying that on an automated remote electric water ways that are expensive and deadly. the House of Representatives should meter for the Borough of South River I spoke to the mayor of South River just be an up-or-down vote on what the by the Federal taxpayer is $1—$1 that yesterday, who assured me that he is President sends to us? The President cannot be spent on cancer research at ready to go ahead with the project. It’s will decide what the budget should be. the National Institutes of Health; can- one of their top priorities. They have We take it or leave it. not be spent for a rural veterans health been working on it for years, one in Well, no, that’s not the way it should care clinic; cannot be spent for tax re- which they have already made consid- work. This is something that I offer. It lief for small businesses—the job en- erable investment in preparing an effi- provides no partisan political advan- gine of America. That’s the national cient municipal utility. tage. In fact, the mayor of this town is priority now, is to get the economy from the other party. No one from the moving again. b 1745 borough, to my knowledge, has made And I just ask, number one, is that a This will serve, as I say, as an exam- any campaign contribution to any Federal priority? Is it a Federal re- ple. Member of Congress, any member of sponsibility? Why not other cities? I might add that the gentleman’s the borough government. No lobbyist is Again, the critical question at a time home State of Texas ranks 32nd in the involved in this. where we’re tripling the national debt Nation in tax dollars returned from This is just good policy. It should over the next 10 years, is it worth bor- Washington. My home State of New have been in the budget sent over by rowing money from the Chinese and Jersey ranks considerably lower than the President, but it wasn’t. Lots of sending the bill to our children and that. As a so-called donor State, I don’t things should be in the budget sent grandchildren? apologize to my constituents for work- over by the President, but they’re not. Mr. Chairman, I say ‘‘no.’’ I say ‘‘no’’ ing to return their tax dollars. I really That’s why we scrub the budget and de- so that I can say ‘‘yes’’ to my 5-year- only regret that all municipal utilities cide what should be added and what

VerDate Mar 15 2010 14:39 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00059 Fmt 0688 Sfmt 0634 E:\BR09\H15JY9.002 H15JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD July 15, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 13 17891 should be subtracted. Call it ear- minute and to revise and extend his re- But also, independent of the census, marking if you want, but I don’t. I marks.) there is a survey that is being taken, would hope that the gentleman would Mr. KIRK. Mr. Speaker, this is what given, rather, to American citizens, 3 not think that we should abdicate our the House government health care bill million next year and 3 million every responsibilities here as Members. creates: $1 trillion, 1,000 pages, $1 bil- year. Now, I want to make it clear that I yield back my time. lion per page. Here is the patient, and this is not the census, but this is a sys- The Acting CHAIR. The question is over here is the doctor. tem of surveying the American people, on the amendment offered by the gen- Now, moderate Republicans have a and it just so happens that today I got tleman from Texas (Mr. HENSARLING). much better plan we will put forward. one of these surveys. It’s labeled from The question was taken; and the Act- Our Medical Rights Act says Congress the United States Department of Com- ing Chair announced that the noes ap- cannot restrict the decisions of you merce, the Census Bureau, and it’s the peared to have it. and your doctor and eliminates the American Community Survey, and it Mr. HENSARLING. Mr. Chairman, I need for all of this, and puts you right says, Your response is required by law. demand a recorded vote. next to your physician, without the You open this document, you get a The Acting CHAIR. Pursuant to need for $1 trillion in spending. lot of paperwork. You get several docu- clause 6 of rule XVIII, further pro- f ments that say you have to fill this out ceedings on the amendment offered by or by penalty of law if you don’t, but the gentleman from Texas will be post- REMOVAL OF NAME OF MEMBER you get the survey. Mr. Speaker, the poned. AS COSPONSOR OF H. RES. 648 American Community Survey is 28 Mr. PASTOR of Arizona. Mr. Chair- Mr. PALLONE. Mr. Speaker, I ask pages. If a person receives one of these man, I move that the Committee do unanimous consent that my name be and doesn’t fill it out, you’ve violated now rise. removed from House Resolution 648. Federal law. The motion was agreed to. The SPEAKER pro tempore. Is there Now, the survey contains a lot of in- Accordingly, the Committee rose; objection to the request of the gen- formation that makes me wonder, Why and the Speaker pro tempore (Mr. NYE) tleman from New Jersey? does the Federal Government even having assumed the chair, Mr. There was no objection. want this information? Why should the CUELLAR, Acting Chair of the Com- Federal Government even have this in- mittee of the Whole House on the state f formation? of the Union, reported that that Com- APPOINTMENT OF MEMBERS TO And here’s some of the questions that mittee, having had under consideration BOARD OF VISITORS TO UNITED it asks: the value of your residence, the bill (H.R. 3183) making appropria- STATES AIR FORCE ACADEMY how much you pay monthly for your tions for energy and water develop- The SPEAKER pro tempore. Pursu- residence on your mortgage, how many ment and related agencies for the fiscal ant to 10 U.S.C. 9355(a), amended by rooms in your house, how many toilets year ending September 30, 2010, and for Public Law 108–375, and the order of the are in your house, what kind of vehi- other purposes, had come to no resolu- House of January 6, 2009, the Chair an- cles do you drive. I guess they want to tion thereon. nounces the Speaker’s appointment of know how many pickups are in Texas. Do you have a stove? a refrigerator? f the following Members of the House to What type of fuel do you use? How the Board of Visitors to the United JUMP-STARTING OUR ECONOMY much does it cost you each month to States Air Force Academy: (Ms. JENKINS asked and was given use that fuel? How much does each per- Mr. POLIS, Colorado permission to address the House for 1 son in the household or in the resi- Ms. LORETTA SANCHEZ, California minute and to revise and extend her re- dence, rather, make? What is their in- Mr. LAMBORN, Colorado marks.) come? Where do they work? What do Ms. JENKINS. Mr. Speaker, the num- f they do? How long have they done ber of empty storefronts across Kansas SPECIAL ORDERS that? What is the cost of the mortgage? is growing, and the folks who call our What is the cost of health insurance for towns home continue to ask, Where are The SPEAKER pro tempore. Under each person, and what is the cost of the jobs? the Speaker’s announced policy of Jan- taxes in the house? And it goes on and They hear about bailouts and the $1 uary 6, 2009, and under a previous order on and on, 28 pages, required by Fed- trillion so-called economic stimulus, of the House, the following Members eral law under the American Commu- but Kansans are still struggling. will be recognized for 5 minutes each. nity Survey Act. The Nation’s deficit has topped $1 f I won’t go into all the questions be- trillion for the first time, and some say cause I don’t have time, but I’d like to AMERICAN COMMUNITY SURVEY— it could grow to $2 trillion by this fall. mention one more. One question is, TOO MUCH GOVERNMENT INTRU- We should be ashamed. But rather than each person has to answer this ques- SION putting the brakes on this out of con- tion, because of a physical, mental or trol spending spree, some think Wash- The SPEAKER pro tempore. Under a emotional condition, does the person ington needs to spend more. previous order of the House, the gen- have trouble concentrating, remem- Mr. Speaker, when does it stop? tleman from Texas (Mr. POE) is recog- bering, or making decisions? Instead of taxing small businesses nized for 5 minutes. Now, should the Federal Government out of existence, we should provide tax Mr. POE of Texas. Mr. Speaker, have that information? And why relief so they can hire more employees under the United States Constitution, should a person in the residence make and create jobs. Instead of throwing article I, section 2, it states that every that determination about themselves money at programs that aren’t work- 10 years there will be a counting of the and then have to answer that question ing, we should find responsible ways to people. The purposes are twofold: One, for everybody else in the residence? cut spending. to levy direct taxes, and second, to find I certainly hope they’re all getting Small businesses and innovative out how many people live in the United along well. Americans hold the key to jump-start- States so that Members of Congress It also asks, because of a physical, ing our economy. It’s time for Wash- can be apportioned percentage-wise mental, or emotional condition, does ington to let them do their job. based on population. That is the pur- the person have difficulty dressing, f pose of the census, and it’s a good pur- doing errands, difficulty shopping? And pose. Next year we will have another it goes on and on and on, Mr. Speaker. MEDICAL RIGHTS ACT undertaking of the census, of the Back in 2007, two historians found (Mr. KIRK asked and was given per- counting of the people in the United some old documents from the Depart- mission to address the House for 1 States. ment of Commerce archives and the

VerDate Mar 15 2010 14:39 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00060 Fmt 0688 Sfmt 0634 E:\BR09\H15JY9.002 H15JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD 17892 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 13 July 15, 2009 Franklin Delano Roosevelt Presi- live, and my constituents are very many of our coastal communities. dential Library. These documents con- much in tune with this particular bill. They deserve a timely decision so they firmed for the first time that the Cen- I would like to spend a few moments can determine the best ways to protect sus Bureau turned over information to today focusing on how this bill affects their residents and the natural re- incarcerate over 100,000 individual Jap- our area of south Florida. sources. anese Americans after the Pearl Har- Since coming to Congress, I have Mr. Speaker, south Florida and the bor attack. This information was re- been committed, along with my Demo- entire country need greater strategic ported by USA Today. The Census Bu- crat and Republican colleagues, to investment in our Nation’s priorities. reau information made it all possible. working to make sure with the Florida This particular bill, H.R. 3183, will put Of course, the Census Bureau has de- delegation and with Members through- us on a path towards energy independ- nied that it gave that information. But out the country that they support Fed- ence in addition to a number of other be it as it may, it was legal in 1940. eral Government obligations to restore bills we’ve already put on the table and In 1942, documents proved the Census the incomparable River of Grass, which have sent to the President. The only Bureau turned over these addresses of is known as the Everglades. way we can reduce our dependence on the Japanese Americans to the War De- I was very pleased that President foreign oil is to invest in a multitude partment. In 1943, they turned over Obama, in his budget request, met his of technologies and to make these their financial information to the De- promise and followed up on that to technologies right here in the United partment of the Treasury. make Everglades restoration a pri- States, creating the jobs right here. ority. Although the $210 million in this This bill invests in solar and wind en- b 1800 bill doesn’t quite match the President’s ergy in order to make our electricity This was all nice and legal in the War request, the fact remains that this bill cleaner. At the same time, it also in- Powers Act of 1940. It was legal, but it makes Everglades restoration its big- vests in weatherization and in energy wasn’t ethical, and we know what hap- gest construction project. efficiency to bring down costs for con- pened to 100,000 Japanese Americans. I commend the chairman and ranking sumers and businesses. The bill in- They were interned. The point is this, member for keeping Everglades res- cludes investments in clean coal tech- Mr. Speaker. This should be voluntary. toration as a national priority. It is nology and nuclear energy research so If United States citizens want to give historical. that we can unleash these innovations all of this information to the Federal Mr. Speaker, H.R. 3183’s commitment and create high-quality American jobs. Government so the Federal Govern- to Florida’s priorities are also some- The bill also makes critical invest- ment can have a file on everybody, thing to be mentioned. The beaches of ments in vehicle technology so that then they should be allowed to do that, south Florida are some of the most our gas tanks get more miles per gal- I guess, but it shouldn’t be required by beautiful in the Nation, but our coasts lon, which will save us money at the law. That is why I’ve introduced legis- are facing a real crisis. They have be- pump. Of course, using less gasoline lation to allow citizens not to fill this come seriously eroded, endangering means we will import less gasoline, and document out if they don’t want to, be- both the personal property and the per- that is an essential national security cause it invades, in my opinion, their sonal safety of residents and guests. item because, currently, we are import- personal privacy rights. My district in south Florida encom- ing 60 percent of our oil from unstable Once again, I’m not talking about passes over 75 miles of beautiful coast- countries around the world that, in the census. I am talking about the sur- line on the Atlantic, and it has numer- many cases, are financing terrorism vey that is being required by law to be ous shore protection projects, but and drug trafficking with our sent out. People down in southeast many are mired in the Army Corps of petrodollars. I believe that a transition Texas, people who live in Cut and Engineers’ permitting process. to new energy sources will ensure that Shoot, Texas, for example, shouldn’t be There are many reasons why the per- we do not continue to send billions of required to fill this information out. It mitting process is not as efficient as it dollars to countries that are, at best, violates their privacy. It’s too much could be, but one problem we can ad- not our friends and, at worst, are our government. It may be well-intended, dress right here is the understaffing at enemies. My strongest belief is that we but the Federal Government should not the Army Corps of Engineers. For ex- should never again have to make a for- have this information, and we as Mem- ample, Palm Beach County, which is eign policy decision based on where the bers of Congress should allow this in- one of the counties I represent in south next drop of oil is coming from. formation to be, not required, but vol- Florida, was forced to pay out of its Lastly, H.R. 3183 builds on the re- untarily given by the people of the taxpayer dollars the salary of an addi- cently passed American Clean Energy United States. tional Army Corps of Engineers staffer Security Act and Recovery Act, which And that’s just the way it is. to deal with the county’s many has jump-started American investment f projects awaiting some Army Corps ac- in this new energy economy I’ve been tion. In essence, Palm Beach County talking about. I truly believe this is an H.R. 3183: ENERGY AND WATER DE- became fed up with waiting year after VELOPMENT AND RELATED historic moment and an extraordinary year for the Corps to act on their per- opportunity to create jobs in south AGENCIES APPROPRIATIONS mit applications, so they are now pay- ACT, 2010 Florida and throughout the Nation and ing for the extra Army Corps employee to unleash a new generation of energy The SPEAKER pro tempore. Under a to do his job. technology built right here in America. previous order of the House, the gen- Mr. Speaker, this is a ridiculous situ- I am proud to support H.R. 3183, and tleman from Florida (Mr. KLEIN) is rec- ation that is unfair to the taxpayers of I am looking forward to seeing the re- ognized for 5 minutes. south Florida, who are paying their sults on the ground in south Florida. Mr. KLEIN of Florida. Mr. Speaker, I fair share here up in Washington. That f rise today to express my strong support is why I filed an amendment that was for H.R. 3183, the Energy and Water De- accepted as part of Chairman PASTOR’s H.R. 3036: BRINGING SUNSHINE TO velopment and Related Agencies Ap- manager’s amendment. This language, COSTS OF CONGRESSIONAL propriations Act of 2010. combined with increases in the under- TRAVEL OVERSEAS I applaud the subcommittee chair- lying bill, will add $11.8 million on top The SPEAKER pro tempore. Under a man and the ranking member for mov- of last year’s funding level to fund previous order of the House, the gen- ing this important bill through the Ap- more staff and to support more per- tleman from North Carolina (Mr. propriations Committee and to the sonnel to help act on a more efficient JONES) is recognized for 5 minutes. House floor. basis with regard to these permits. Mr. JONES. Mr. Speaker, many This bill funds some of the most crit- This sizable investment will unclog the Members of the House may have seen a ical programs in south Florida, where I permitting pipeline that is hurting so recent Wall Street Journal article that

VerDate Mar 15 2010 14:39 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00061 Fmt 0688 Sfmt 0634 E:\BR09\H15JY9.002 H15JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD July 15, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 13 17893 documented how existing disclosure re- In closing, I hope my colleagues will Other countries that have used this quirements allow many of the costs as- become cosponsors of H.R. 3036, and kind of an approach ration health care sociated with congressional delegation will join in bringing transparency to for senior citizens. They ration health trips overseas, known as CODELS, to the cost of foreign travel by Members care for people who have certain kinds go unreported. of Congress. of diseases. They have to wait months Right now, when Members of Con- COUNCIL FOR CITIZENS AGAINST and months and months for MRIs and gress take foreign trips using commer- GOVERNMENT WASTE, for other things that we would get very cial airlines, the costs are publicly dis- Washington, DC., June 29, 2009. rapidly here in the United States be- closed in reports published in the CON- House of Representatives, cause we have the highest quality of GRESSIONAL RECORD. However, the costs Washington, DC. health care in the world, and so we are of Members’ foreign trips using mili- DEAR REPRESENTATIVE: Congressman Wal- ter Jones (R–N.C.) recently introduced H.R. going to create a government bureauc- tary aircraft are not. In the past, Mem- 3036, a bill that would bring transparency to racy. bers of Congress have used military taxpayer-funded overseas trips taken by I hope my colleagues back in their of- aircraft even when traveling to exotic members of Congress. On behalf of the more fices are looking at this, because most locations that are readily served by than 1.2 million members and supporters of of them haven’t seen this. commercial airlines. Press reports the Council for Citizens Against Government We are creating a government bu- have indicated that the military even Waste (CCAGW), I urge you to support this reaucracy that looks worse than any maintains a specially outfitted VIP legislation. Federal highway system like in Cali- The military maintains a specially out- fornia. I mean you can’t even find your fleet, operated out of Andrews Air fitted VIP fleet out of Andrews Air Force Force Base, where aircraft can carry Base that can cost up to $10,000 per hour to way around this thing, but that’s not costs estimated at $10,000 per hour. operate. Members of Congress often take ad- the worst of it. When a Member of Congress takes a vantage of these military aircraft for over- Since last October, this is how much taxpayer-funded trip overseas, tax- seas travel, even in instances where commer- money we’ve spent: $700 billion on the payers have a right to know how much cial flights are readily available and more TARP program, which includes $54 bil- of their hard-earned money is being cost-effective. The cost of commercial air- lion for the auto bailout, which we spent on that travel. For this reason, I line travel is publicly disclosed, but the cost really didn’t need to do because they recently introduced H.R. 3036. of travel on military-owned jets is not pro- filed for bankruptcy anyhow, so that vided. This legislation would direct the De- H.R. 3036 would require the Secretary of $54 billion was wasted. Who cares. partment of Defense to provide a report Defense to determine and disclose the cost of That’s just taxpayers’ money. Then we on the costs incurred in taking a Mem- foreign trips for members of Congress using had $1.1 trillion, including interest, for ber of Congress, an officer or an em- military aircraft. These costs would then be the stimulus package, which is not ployee of Congress on a trip outside the publicly reported online through the House working, because they said that was United States. It would then require Clerk’s website. going to keep unemployment below 8 the Member of Congress to disclose Military aircraft is necessary when flying percent. Now it is 9.5 and is going up into war zones or U.S military installations those costs, and these costs would be overseas; however, the military fleet is too like a rocket, so that didn’t work. publicly reported online. often used to shuttle members to back and That’s $1.1 trillion. On the omnibus Mr. Speaker, it is important to note forth to locations served by commercial air- spending bill, we had $410 billion. The that this bill would not apply to any liners. defense supplemental was $106 billion. trip for which the sole purpose would Members of Congress should be held ac- Now, there may have been some neces- be to visit one or more U.S. military countable for every bill footed by taxpayers. sity for that. The SCHIP bill was $73 installations or to visit U.S. military All votes on H.R. 3036 will be among those billion. The cap-and-trade is going to personnel in a war zone, since there considered in CCAGW’s 2009 Congressional cost every family in this country be- Ratings. may be varied security reasons for not Sincerely, tween $1,000 and $3,000 a year in addi- disclosing the costs of these trips. THOMAS A. SCHATZ, tional expenses for turning on their With an ever-growing national debt President. lights or for putting gasoline in their and with our military budget stretched f cars or for getting gas to heat their thin, it is more important than ever homes. Then there’s this health care that Congress acts as a responsible THE TRAGEDY OF A SOCIALIST bill, which will be $1 trillion to $3 tril- steward of taxpayer dollars. Bringing AMERICA AND ITS DESTRUCTION lion, and I’ll tell you: It is going to be sunshine to the costs of Members’ for- OF HEALTH CARE a lot more than that. eign travel will help ensure taxpayer The SPEAKER pro tempore. Under a Let me tell you a little story, my col- dollars are efficiently used. previous order of the House, the gen- leagues who may be paying attention. I am pleased that this legislation has tleman from Indiana (Mr. BURTON) is When I was a state senator, the Federal received the support of the National recognized for 5 minutes. Government came into Indiana and Taxpayers Union, of Eagle Forum and Mr. BURTON of Indiana. Mr. Speak- said, If you don’t take the Medicaid of Public Citizens Congress Watch. It er, this is not a roadmap. This is the bill, we’re going to withdraw $2.5 mil- has also been endorsed by the Council Democrats’ new health care plan, all of lion in Federal highway funds. They for Citizens Against Government these white things. Can you believe were blackmailing the State of Indiana Waste. Their letter of support for this that? I was just talking to my col- into taking the Medicaid program by bill states: league over there, Mr. POE from Texas. saying that we were going to lose $2.5 ‘‘Military aircraft is necessary when All of these white things are new million if we didn’t take it. flying into war zones or U.S. military agencies of government, new agencies I went up to the Senate floor, and I installations overseas; however, the of government that we’re going to have said, Hey, it’s going to cost us 10 times military fleet is too often used to shut- to pay for in order to take care of the this amount of money if we do take tle Members back and forth to loca- health of the Nation. Now, this thing is Medicaid. I said it would cost about $25 tions served by commercial airliners. going to cost between $1 and $3 trillion million. Do you know how much that Members of Congress should be held ac- over the next 10 years, and I doubt seri- costs now? Between $1 billion and $2 countable for every bill footed by tax- ously if anybody who is writing this billion a year. I was so far off it isn’t payers.’’ 1,200-page bill, or whatever it is, knows funny. Again, that statement that I just what this stuff does. It’s just crazy. This thing right here is not going to read is from a letter that the Council Look at all of these agencies. Look at cost $1 trillion to $3 trillion. It’s going for Citizens Against Government Waste the minefields that people have to go to cost trillions more than that. It’s wrote to support this legislation. In through to get to their doctors down going to reduce the quality of health fact, Mr. Speaker, I submit the text of there at the end to take care of their care. It’s going to cause the rationing this letter for the RECORD. health care needs. of health care, and it’s going to ruin

VerDate Mar 15 2010 14:39 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00062 Fmt 0688 Sfmt 0634 E:\BR09\H15JY9.002 H15JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD 17894 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 13 July 15, 2009 the system of health care we have in people, eliminating their holidays, this country. People are losing their this country. It’s just a tragedy that eliminating their vacation and sick homes. In California, the State that I this is happening. pay and other crippling costs. So the am privileged to represent, we have an This administration is moving as workers, who are not making a lot of unemployment rate statewide of 11.5 rapidly as they can toward a socialistic money to begin with, there is no way percent. People are losing their jobs; form of government, and everybody in that they could suddenly accept this. people are losing their businesses; and this country ought to know it. They So they went on strike. And Stella people are hurting. It’s something that are trying to control and are control- D’oro—again, Brynwood Partners—re- has been recognized by Democrats and ling the investment business, the bank- sponded by hiring a bunch of scabs to Republicans alike. We right now are ing business, the automobile business; replace the strikers and, in essence, witnessing the implementation of poli- with cap-and-trade, they’re controlling dismiss the strikers. Well, the strikers cies that I believe, very sincerely, will the energy business; and now the appealed to the National Labor Rela- exacerbate the problem. health care business. This is really a tions Board, the NLRB; and the NLRB We were promised when we were pro- tragic time for America, and I hope ev- ruled in favor of the strikers. It told vided with the so-called economic erybody in this country who may be Brynwood, who now runs Stella D’oro, stimulus bill—$787 billion, but if you paying attention will really take a that they must take the striking work- include interest a $1 trillion stimulus close look at this and will call their ers back with some back pay. bill—we were promised by the Presi- dent of the United States that if we im- Congressman if they are paying atten- And now what is Brynwood Partners plemented that measure, we would not tion. threatening to do? They are saying see the unemployment rate exceed 8 I know I can’t address them, Mr. that they’re going to close down, shut percent. And we all know today, unfor- Speaker, but if I were addressing the down the company entirely; and in es- tunately, as I said, in California the American people, I would say, Contact sence, these workers would totally lose unemployment rate statewide is 11.5 your Congressman and tell him you their jobs. How vindictive that is. They percent. Nationwide it is 9.5 percent. don’t want this mess passed into law. It win a ruling from the National Labor Economists across the board and the is going to jeopardize the quality of Relations Board only to have President of the United States, even in Brynwood Partners say they’re going your health care here in America. an interview yesterday, have indicated to shut down this company, which has f that we are going to see a continued in- been run since 1932. It’s really disgrace- crease in the unemployment rate. Now b 1815 ful when a company like Brynwood that was, again, after we were prom- Partners—which obviously doesn’t care CALLING FOR BOYCOTT OF ised that implementation of the so- STELLA D’ORO about making cookies, doesn’t care called economic stimulus bill which about the neighborhood community- would prevent unemployment from ex- The SPEAKER pro tempore. Under a type of business that it was—only uses previous order of the House, the gen- ceeding the 8 percent level. this company as the bottom line. Since that period of time, we have tleman from New York (Mr. ENGEL) is Just the other day we had a rally in seen this House pass a massive tax, recognized for 5 minutes. front of the Stella D’oro company in Mr. ENGEL. Thank you, Mr. Speaker which is going to be inflicted on fami- the Bronx, in my district, to show the lies across this country as it relates to and my colleagues. I want to call ev- workers that we stand by them and eryone’s attention to something that is energy. Now you will recall one of the support them. I want to let Brynwood hallmarks of the President’s platform happening in my district. It is actually Partners know that I am not going to and the statements made repeatedly by very disgraceful. There is a plant be quiet about this or take this lying our colleagues on the other side of the called Stella D’oro. Everyone knows down. There are other things that aisle have been that we would not see about Stella D’oro, the cookies and the Brynwood Partners own, and we really any kind of tax increase imposed on cakes that they make. In fact, for ought to scrutinize and watch every- Americans earning under $250,000 a many years I spoke about Stella D’oro thing they do because if they are al- year; and yet we know, based on the with a sense of pride. When I appeared lowed to get away with this, they can very modest report that came from the on the Colbert show, I took out a pack- get away with anything, if nothing Congressional Budget Office, that we age of cookies, of bread sticks of Stella more than the bottom line, as far as I will see at least a $175 increase in the D’oro’s and talked with pride about am concerned, corporate greed. Some- energy tax imposed on Americans as it some of the things that were being thing ought to be done for these work- relates to this so-called cap-and-trade made in my district. ers. Again, the National Labor Rela- measure. The Stella D’oro company was found- tions Board ruled in favor of the work- The debate that’s going on right now ed in 1932 and was family run until ers, and so the reaction of the company relates to health care. We all want to they sold to RJR Nabisco in 1992. RJR is to just close it down. That is a dis- do everything that we can to ensure Nabisco became a part of Kraft Foods. grace. It should not be happening in that those 40-plus million Americans It was taken over by Kraft. And what 2009. This Congress needs to take note who are uninsured have access to qual- happened was, Kraft Foods then sold of it and needs to stand behind these ity, affordable health care. But the Stella D’oro to a company called workers. measure that is before us, I clearly be- Brynwood Partners. Brynwood Part- f lieve, undermines the quality of care ners really doesn’t care about running and the assurance that people will have GLOBAL TRADE AND JOB this place or being fair to its workers. access to quality health care. We also CREATION It really only cares about the bottom know that the cost imposed on small line. So what they did was they pushed The SPEAKER pro tempore. Under businesses and big businesses across the workers, and they told them that the Speaker’s announced policy of Jan- this country will be very great. And in order to keep their jobs, in order to uary 6, 2009, the gentleman from Cali- those numbers, as have been shown in a finance their purchase of Stella D’oro, fornia (Mr. DREIER) is recognized for 60 wide range of reports that have been the workers would have to take a 25 minutes as the designee of the minor- brought before us, have led many to in- percent pay cut for its 135 workers, ity leader. dicate that there will be a tremendous many of whom had worked there for Mr. DREIER. Mr. Speaker, this job loss because of this. Because the in- decades, were proud of the product evening I have taken out this Special creased costs, as it relates to health they created. And besides that, they Order to talk about an issue that is of care, inflicted on small businesses will didn’t stop there. They told the work- grave importance to the American peo- lead many of them to reduce the num- ers that they would have to make ple. There is no doubt about the fact ber of jobs. health insurance unaffordable by im- that the American people are hurting. So I am very concerned, obviously, as posing crushing premiums on these We are seeing tremendous losses across are the people who I am privileged to

VerDate Mar 15 2010 14:39 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00063 Fmt 0688 Sfmt 0634 E:\BR09\H15JY9.002 H15JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD July 15, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 13 17895 represent from the Los Angeles area we’ll be able to get back to the bipar- trade rhetoric which we regularly hear. and the people across this country and, tisan consensus that once existed in The protectionists and the isolationists frankly, I think many Democrats as our quest for open trade. The funda- who want to disengage from the world- well as Republicans here in the House mental and very dangerous misconcep- wide marketplace have been adept and of Representatives, they are very, very tion that is held by many is that en- relentless in making their case against concerned about this issue of dramati- gaging with 95 percent of the world’s trade. cally increasing the size, the scope and consumers who live outside of the That is why we are here tonight, to the reach of the Federal Government. United States somehow hurts job cre- take a look at the actual facts and to It is very well intentioned, of course, ation right here in the United States. try to set the record straight on the Mr. Speaker. It is very well intentioned Let me repeat that, Mr. Speaker. We tremendous benefits of open trade and because we all want to make sure that need to remember that 95 percent of the opportunity it presents to help to we focus on improving our environ- the world’s consumers don’t live here begin restoring job creation in this ment and decrease our dependence on in the United States. They live outside country. fossil fuels. We all want to ensure that of our borders. So the notion that en- Again, Mr. Speaker, as we talk about every American does have access to gaging with those 95 percent somehow these items that I mentioned, the eco- quality affordable health care, and we hurts job creation here is preposterous. nomic stimulus bill, which hasn’t kept want to make sure that we get the In fact, nothing could be further from the unemployment rate at the 8 per- economy back on track. But I believe the truth. Even during these difficult cent level that was promised by the that the trillion-dollar economic stim- economic times, even during this eco- President, it has gotten instead to 9.5 ulus bill, the so-called economic stim- nomic recession, even during this time percent, the health care measure and ulus bill, the so-called cap-and-trade when people are looking for jobs, the so-called cap-and-trade bills which bill that has been put forward and the they’ve lost their homes, they’ve lost many studies have shown will cost measure that would dramatically in- their businesses, we continue to be the jobs, we can help reduce the numbers of crease the cost of health care and di- world’s largest exporter of both goods job loss if we were to focus on creating minish the quality of care are trou- and services. There are 57 million jobs jobs through greater trade. It is in- bling signs. The reason I have taken directly supported by this engagement structive to look at past trade agree- out this Special Order—and I know I in the worldwide marketplace today. ments and see what the impact has am going to be joined by colleagues of Now that is more than one-third of our been on our economy and on our work- mine, Mr. Speaker—is that we are in a entire workforce who have trade actu- force right here in the United States. position where we still have a chance ally responsible for the fact that they Let’s look at the U.S.-Chile free- to actually focus on job creation. have jobs today. A million Americans trade agreement as an example. It I’m going to talk this evening about have their jobs today because of our passed with bipartisan support. But it something that has been very near and engagement in the global marketplace. also drew the usual criticism from pro- dear to me for many, many years. It It also means that more than one-third tectionists who oppose open trade at goes back to my education in college; of our workforce would be threatened if every opportunity. This agreement was and that is, the notion of the United trade were to be diminished. But the passed in 2003; so we now, Mr. Speaker, States of America playing a leading impact of trade engagement is even have 6 years of experience and data to role in global economic growth so that more far reaching than these 57 million draw from in analyzing what the im- we can increase the number of good jobs with a direct connection to global pact of the U.S.-Chile free-trade agree- American jobs. That means good jobs trade. There are tens of millions of ad- ment has been. right here in the United States of ditional jobs that are indirectly related Since implementation of this agree- America. I believe that trade is key to to trade as well. Manufacturers that ment 5 years ago, our exports to Chile that. Trade, global trade is going to lower costs and become more competi- have increased by 345 percent. Now, play a big role in creating jobs, jobs, tive by importing parts of their supply when Congress considered this agree- jobs. Because the natural question that chain actually benefit from trade. That ment, the International Trade Commis- has continued to come forward from means raw materials coming into the sion had estimated that there would be this promise that we would not see the United States for manufacturers so a 12 to 52 percent growth in the first 12 unemployment rate exceed 8 percent is, that they can engage in the export of years. So far, we have seen growth that Where are the jobs? We have a chance. finished products, there are a tremen- is nearly seven times higher than even Mr. Speaker, we still have an oppor- dous number of jobs that are related to the highest estimates that we had back tunity to turn the corner on that. With that. Manufacturers that lower costs in 2003. a shrinking economy and mounting job and become more competitive by im- More than 10,000 U.S. companies are losses and anxiety for what the future porting those parts for their supply sharing in the success by exporting to holds, we need the job-creating power chain actually benefit from trade. Chile. This includes large manufac- of open trade more now than we have turing companies like Caterpillar ever needed it. It’s one of the very sad b 1830 which relies on export markets for half ironies of the trade debate. Tough eco- So do the retailers and wholesalers of all of its sales, to small, family-run nomic times often lead people to say who sell the goods these manufacturers companies like Lion Apparel in Day- that we should pull up the drawbridge produce. There are thousands of small ton, Ohio. These companies and their and lead to a term that I know no one businesses who provide services for ex- workers have been boosted by the ex- likes to have hanging around their porters, whether it is information tech- plosion of new trade that was made necks, but that term is protectionism. nology, the IT sector support, printing possible by this U.S.-Chile free-trade Protectionism is a bad thing. But services, logistics or any of the count- agreement. frankly, during tough economic times, less business services that help facili- Mr. Speaker, this is a success story there are many people who happen to tate companies that are globally en- that has been repeated throughout respond by being proponents of protec- gaged. All of these companies, all of every agreement that we have imple- tionist measures, in fact, avoiding the these companies are indirectly tied be- mented. Again, I underscore that, notion of more open trade. There is a yond the 57 million jobs here in the throughout every agreement that we fundamental and very dangerous mis- United States that are directly tied to have implemented, we have success conception held by many, including, global trade. All of these support ef- stories to which we can point, which is frankly, many here in the Congress— forts create, again, tens of millions of why we actually have a manufacturing I’m happy to say very few on the Re- jobs right here in the United States. goods trade surplus with our free-trade publican side, but many on the Demo- And so we as Americans benefit from agreement partners. Let me repeat cratic side. both imports and exports as well. that, Mr. Speaker: we have a manufac- As I talk about this, Mr. Speaker, I Unfortunately, that message gets turing—we are constantly hearing reg- also want to add that I hope very much lost amid the constant barrage of anti- ularly from critics of trade that we

VerDate Mar 15 2010 14:39 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00064 Fmt 0688 Sfmt 0634 E:\BR09\H15JY9.002 H15JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD 17896 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 13 July 15, 2009 have a tremendous loss of manufac- down vote here in the House of Rep- lationism is always bad for an econ- turing jobs because of trade agree- resentatives and in the Senate on the omy. But it is especially, especially ments, but we actually have a manu- U.S.-Colombia free-trade agreement. dangerous when we are already facing facturing goods trade surplus with our Without the U.S.-Colombia FTA, our hardship. FTA partners. The key to increasing wheat producers, who already face tar- Mr. Speaker, this Congress has tried manufacturing jobs in this country is iffs that can range as high as 124 per- nearly every possible kind of bailout in more, not fewer, free-trade agreements. cent, will not be able to compete with order to stimulate our economy. And The same holds true throughout all our Argentinean and Canadian counter- as we have seen in the past several sectors of our economy. Now, I spoke parts who will enjoy duty-free access months, not one has worked, certainly today with the CEO of UPS, one of the into the Colombian consumer market. not as has been promised. It is time for great companies, Scott Davis, who in This is just one example, Mr. Speak- us to turn to a proven policy that again yesterday’s Wall Street Journal penned er, of the competitive disadvantage our will create good jobs right here in the a fascinating piece talking about the farmers, manufacturers and service United States of America, well-paying new jobs that trade enables his com- providers face and will continue to face jobs. We know that jobs that relate to pany, UPS, to create. And these are the if the United States refuses to move trade pay significantly higher than words from Mr. Davis. He said, for forward or takes a step back. those that do not. every 40 internationally shipped pack- Now we have three pending agree- So it is time to move with this trade ages, UPS, United Parcel Service, can ments. I mentioned the Colombia agenda. We can move it forward. We create one new job. This is only com- agreement. We also have pending have an opportunity to do that. mon sense. agreements with Panama and South I’m very pleased, Mr. Speaker, to be He explained to me today when we Korea that were negotiated in good joined by a number of my colleagues were talking about this that if you faith. The first two, Panama and Co- who have been very active in our trade look at those who were moving the lombia, are two very, very important working group and, well, no one is on packages, not just the drivers, but key allies as we all know right here in their feet at this moment. I will be those who had responsibility for han- the hemisphere. Their goods and serv- happy to yield to my good friend from dling packages and all, it creates the ices already enjoy duty-free access to San Diego who immediately lurched to equivalent for every 40 packages the the U.S. consumer market. That is a his feet and understands full well how good thing. We are able to get cut flow- United Parcel Service exports. important the issue of trade is, as he Greater engagement around the ers, coffee and things like that that represents the very, very important world means more economic growth, come from South America, from Co- gateway city into Latin America of greater competitiveness and more job lombia especially, duty-free here in the San Diego. United States. These agreements would creation. It is just that simple. Now I’m happy to yield to my good friend, simply level that playing field, pro- that is the good news, Mr. Speaker. Mr. BILBRAY. The bad news is that failure to ex- viding us access to their consumer Mr. BILBRAY. Thank you. I appre- pand our trading relationships were market. ciate the gentleman from California for The latter, South Korea, is a very even worse, withdrawing into isola- bringing this item up. important strategic ally as we know. tionism, which tragically is what has Mr. Speaker, one item I would like to And it is the world’s 13th largest econ- discuss is the issue of our neighbors to happened in the past couple of years, omy. The potential for economic the south. Every country in Central will have very, and already has had and growth and job creation by entering America has taken on the issue of free will continue to have, very negative into what would be the world’s largest trade with the United States. And at consequences at a time when we, as bilateral trade agreement ever is stag- great political risk, their political Americans, cannot afford to lose a sin- gering. With our unemployment rate at gle job here in the United States of 9.5 percent and job losses, as we all leaders have been willing to step for- America. know, mounting every month, we can- ward and say, for the prosperity of the Because jobs, jobs, jobs, here at not afford to delay another moment. hemisphere, we must cooperate and home, in the United States, is what These agreements, Mr. Speaker, are work together, not just militarily, not this is about. It is what the American job creation agreements and American just through aid, but through that people are talking about. It is what job creation agreements, which is long-term relationship of trade. they are asking for. It is what they something that Democrats and Repub- And it is sad to see that while they were promised in last fall’s campaign licans alike want to see happen. Job have the political bravery to do the and what they had been promised creation is at the forefront of Ameri- right thing for their economies and for throughout this year. And so we have cans’ minds right now. We know that. their citizens, our political system before us a great opportunity that will, Well, I believe comparisons of our stands frozen in our tracks. Speaker in fact, help us create more jobs. economic situation and the Great De- PELOSI refuses to bring forward the On Monday, U.S. wheat growers an- pression may be misguided. There is a agreements that their leaders have nounced that they are on the verge of very significant lesson to be learned been brave enough to step forward and losing half of their exports to Colombia from that time in our Nation’s history. support. if we do not quickly act on that agree- Conservatives and liberals alike agree Mr. DREIER. If I can reclaim my ment. that the economic decline that began time just to add a comment to that, While the U.S. has stalled this agree- with the stock market crash in 1929 not only has there been a refusal to ment, Colombia has moved forward was dramatically exacerbated and pro- bring it up, but for the first time since with other negotiations. It has just longed by the Republican-initiated, I’m implementation of the 1974 Trade Act, signed an agreement with the trading embarrassed to say, the Republican- when a commitment is made to a coun- group known as Mercosur, the South initiated Smoot-Hawley Tariff Act, try in good faith, with which we em- American trade bloc led by Brazil which instituted dramatic, drastic pro- barked on these negotiations, for the which includes Argentina, Paraguay tectionist measures. It began as an ag- first time ever, after that vote was and Uruguay. riculture measure to impose tariffs on promised, we here under the leadership Colombia also intends, along with agriculture items and products, but it of Speaker PELOSI, utilized the Rules linking up with Mercosur, to conclude expanded. And it was very, very far Committee, where I sit, and it was over an agreement with Canada, our north- reaching. This was precisely the wrong my protest, of course, to actually sub- ern neighbor this fall, our NAFTA approach to take, plunging us as a Na- vert and prevent the up-or-down vote trading partner is engaging with Co- tion further into an economic depres- that was promised to our very, very lombia now, in large part because we sion. important allies in Colombia. have failed to comply with the agree- I would hope that we have learned I’m happy to further yield to my ment that we made to have an up-or- the basic lesson from our history: iso- friend from San Diego.

VerDate Mar 15 2010 14:39 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00065 Fmt 0688 Sfmt 0634 E:\BR09\H15JY9.002 H15JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD July 15, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 13 17897 Mr. BILBRAY. I appreciate that. enough to take on the drug cartels, was would not have been there. And if one You can imagine the frustration of brave enough to take on the extreme could think of the tremendous number somebody that sits down with you, ne- leftists in their continent and be able of jobs that could have been created gotiates in good faith, give and take, to be brave enough to be an American right here at home—because that’s comes down to an agreement, and you ally. And for us to stiff-arm them and what this special order is about, Mr. tell them, go over and get your country to basically punish them, it appears, Speaker. It’s about creating good jobs to support it, and then we will go over for being a friend, who in the world will here in the United States of America. and get ours, and you go ahead and do want to risk themselves of being an This Special Order is actually the your part, you expend the political cap- ally of the United States? This is the brainchild of my friend from Hinsdale. ital, you’re brave enough politically to example we’re setting. We were having a meeting of our Trade ask your people to support a proposal, Moving on from Colombia, Panama is Working Group, and she proposed that and then you turn around with your really a time-sensitive issue. Mr. we come to the floor and talk about partner, who asked you to agree and to Speaker, while we sit here today, Pan- how we can create more good U.S. jobs move this agenda, to sit there and ama is moving forward with an aggres- by expanding open trade. stonewall and refuse to even allow a sive program to rebuild the Panama And with that, I’m happy to yield to vote, that kind of stab in the back with Canal, one of the greatest, if not the the author of this Special Order, my our partners. largest, expenditures that Latin Amer- friend from Hinsdale (Mrs. BIGGERT). And these are not partners, Mr. ica has seen in our age. We are sitting Mrs. BIGGERT. I thank the gen- Speaker, that are far away. These are on the sidelines while Panama is mov- tleman for yielding, and I thank you our neighbors to the south. These are ing and looking to build this new for heading up this Special Order, and people that not only we, but our grand- project. I thought I better get down here since children and our great grandchildren And can you imagine at the turn of I had proposed it. And I think it’s a are going to be living with for cen- the last century if America had sat great idea because we—trade is so im- turies to come. back and allowed other countries to be portant right now during this reces- Mr. DREIER. If I can reclaim my able to take advantage of the economic sion. It is more important than ever time, let me just add that not only are opportunities, if Teddy Roosevelt had that we continue to advance freer, fair- they our neighbors to the south, but ignored the challenge of Panama and er global commerce and not regress to- they are, without a doubt, our strong- Central America, where we would be wards more harmful protectionist est allies on the South American con- today and how history would be dif- trade policies. And free trade agree- ments are one of the many ways to im- tinent playing a big role in dealing ferent. with the interdiction of illicit drugs Today, the Panamanians are building prove all of the Americans’ standard of coming into the United States. the canal. They want to buy Cater- living and to get our economy back on And I regularly point to the fact that pillar equipment. They want to buy track. And you mentioned Caterpillar. Let there is no country in modern history John Deere tractors. They want to see me just say that there are two plants that has gone through a greater trans- Bechtel and American companies come that are very close to my district, and formation for good in a 5-year period of down there. They want to create Amer- time than Colombia. And the reason is I have had the opportunity to drive a ican jobs because they want to have a top loader 10 times. that under the leadership of President full prosperity zone down there work- Uribe, he has not only taken steps to Mr. DREIER. Reclaiming my time, ing with us to build the new canals. Mr. Speaker, I find it very hard to be- demobilize the FARC and the While they’re waiting to move for- paramilitaries in his country, but he lieve the gentlewoman from Hinsdale ward, our political system in this city drove a high loader. A Caterpillar high also has made great steps towards deal- is stiff-arming them again, freezing ing with the labor issues. And trag- loader? them, and doesn’t have the political Mrs. BIGGERT. A 10-ton loader that ically there have been, in the past, bravery to do the right thing and allow labor killings, and there have been has a basket. a vote on a proposal that they were Mr. DREIER. If I were to witness problems that continue to exist in Co- brave enough to move forward to. that, Mr. Speaker, I would get out of lombia. But he has been so helpful with So anyone who’s listening to us and the way, but I’m sure you did very us. is looking at those factories that could We do know that on the South Amer- well. be buying tractors, bulldozers, equip- Mrs. BIGGERT. I can drive it forward ican continent today there are leaders ment, could be getting the contracts and backward, and it is a huge vehicle. who are not only not friendly to the for the canal, just remember, it’s your I think it holds a million golf balls in United States, but are subverting the political process here in Washington its basket, so you can imagine how big cause of freedom; and we know those that’s freezing it out giving China and this is. leaders, Rafael Correa in Ecuador, Abel giving people from Iran, giving the rest But this is such an important piece Morales in Bolivia and, of course, Hugo of the world the leg up to get jobs out of equipment. And Colombia has had so Chavez in Venezuela, and Daniel Or- of the Panama Canal while Americans many of these vehicles to go—for trade. tega in Nicaragua. We are seeing very are being obstructed. And here, as you said, we have the tar- serious problems here. And yet we have Mr. DREIER. I thank my friend for iff that has to be paid by Colombia at this important, strong ally dealing his contribution. And just to take his $200,000 per vehicle for an off-road trac- with these issues. great example on Panama and to fur- tor going into Colombia while Colom- We promised them that we would ther build on Colombia, it’s very inter- bian exports come into the United have a vote so that we can create good, esting. States nearly duty free. American jobs for Caterpillar’s work- It has been, as I look at my col- So this trade agreement is so right ers, for Whirlpool’s workers, and for leagues here, Mr. HERGER, Mrs. because that $200,000 per vehicle could the other small businesses that exist. BIGGERT, Mr. CONAWAY, who’ve been be used and stay in America with a free That is why I think it is very, very very involved in this issue for so many trade agreement and supply many important that we continue to hold up years, it’s hard to believe when I was more jobs in my district and nation- our tradition of supporting our global given this number today, it has been wide. And, in fact, in days since the Co- leadership and trade, continue to do 967 days—967 days—since we signed the lombia Free Trade Agreement was that. And I’m happy to further yield to my agreement with Colombia. And people signed here and has not been put into friend. from the State of the great gentle- place, U.S. companies have paid over $2 woman from Hinsdale, Illinois, who billion in tariffs on goods and services b 1845 work for Caterpillar and others have that are exported to Colombia. And the Mr. BILBRAY. Colombia is a good ex- actually been forced in that 967 days to money, you know, could do so much ample of somebody who is brave pay $2.1 billion in tariffs that otherwise more.

VerDate Mar 15 2010 14:39 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00066 Fmt 0688 Sfmt 0634 E:\BR09\H15JY9.002 H15JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD 17898 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 13 July 15, 2009 Let’s go back for a minute to the Uribe for so long, and it really was a and I’ve never quite understood that. Chile Trade Agreement, because I was shame then that we could not get this How can creating more jobs for the the Republican whip on that. You put agreement through. And it really was union members and workers at Cater- me in that position, and it was really unfair to change the law—I don’t think pillar and Whirlpool and a wide range an eye-opener, I think, for so many you can change the law, but to have of other companies across this country Members on this floor. the Speaker not allow this agreement be the wrong thing to do, opening up So many of them were skeptical. So to come up within 45 days. markets so that their products can be many of them thought this was—that Mr. DREIER. Mr. Speaker, I would sold into those countries? To me, I we shouldn’t be entering into this, all say to my friend it was not just—it was can’t understand it. of these global trade agreements. And not just a change. It was, from my per- And when we’ve got the unions—all the benefits that have been provided by spective, a complete abrogation of the except one union, I’m told, and it’s ac- that where American exports to Chile responsibility that we had. And my tually basically the public services grew from $2.7 billion in 2003 to $12.1 concern is that we embark not only on union, which has nothing to do with billion in 2008. That’s outstanding. other free trade agreements, but any the issue of global trade is the only Mr. DREIER. Reclaiming my time, I other international negotiation with union in Colombia that has opposed would like the gentlewoman to repeat any other partner in the world to deal this. But I have had the chance in Bo- that number. So, again, the actual raw with national security issues and other gota to meet with a wide range—and I number in dollar value of the increase challenges out there. What good is our know my colleagues have—of union in our exports from the United States word after a commitment was made leaders who are passionately sup- is what number? that there would be an up-or-down vote portive of this measure because they Mrs. BIGGERT. Our exports to Chile because of trade promotion authority know it will end up being beneficial to grew from $2.7 billion in 2003 to $12.1 that was granted by the Congress to their country and their workers. billion in 2008, and U.S. imports from the executive branch and negotiate I’m happy to further yield. Chile grew from $3.7 billion in 2003 to this agreement saying we would have Mrs. BIGGERT. I think there is a dis- $8.1 billion in 2008. an up-or-down vote and then all of a connect with some of the unions that Now, I love those green grapes that sudden reneging on that commitment they don’t understand that this is what come in from Chile. And, you know, that was made? creates jobs in the United States when this is a thing where food products and I would be happy to further yield to we have the products that we’re going everything that’s coming from there is my friend. to export, and the more that we export, that we send over our products when Mrs. BIGGERT. I thank the gen- the more jobs that we have created, they’re having their winter; they send tleman for yielding. and this is what moves our economy over their food products when we’re I think you are absolutely right. along. having our winter. So it works out. That is a much stronger statement, Let me talk about one more issue, And then another statistic is that in and that is the statement that should and that is that the U.S. trade deficit 2008, the U.S. was Chile’s top source of be made to abrogate our agreement. is shrinking. In May this year, there imports and the second largest destina- And I think that after all that Colom- was a 9.8 decline in the U.S. trade def- tion for Chilean exports while Chile bia had done with the labor protec- icit. That means that we are exporting was the 25th largest export market for tions—for example, in 2005 and 2006, Co- more and more. We have been at a def- U.S. goods. lombia issued new Presidential decrees icit where we have imported more, so So we are doing really well to have and regulations that addressed the con- we are running a trade surplus. that partnership, and that’s why we cerns about the applications of labor Mr. DREIER. If I could reclaim my need to move ahead with these other laws, cooperatives, and temporary time, I will say to my colleagues some- trade agreements. workers. thing that I mentioned in my opening Let me just say one more thing about In 2006, they agreed to the establish- remarks, and I know that you’ll agree the Peru Trade Agreement also that ment of a permanent representative of with this, and people are always saying was passed. My home State of Illinois, the International Labor Organization that these trade agreements cost man- we exported $198 million in goods to to be stationed in Colombia to promote ufacturing jobs here in the United Peru in 2006. So, as seen with Chile and the fundamental rights of workers. States, people are thrown out of work other countries, we have a fair trade In 2007, the Colombian legislature because of these trade agreements, agreement with the amount of exports passed laws that significantly expedite when, in fact, the opposite has been the to Peru that will only increase. So we proceedings and enhanced Colombia’s case. We actually run a manufacturing should do everything to encourage the existing labor courts. All of these job surplus with our partner countries trade agreements that are now on the changes, and yet we could not get this with these FTAs. table. labor agreement and the trade agree- And I’m happy to further yield. And the cost, the cost of stalling ment through after so much negotia- Mrs. BIGGERT. I think that the sur- these free trade agreements, for exam- tion that it really is a shame. plus has been running $9.3 billion for ple, it’s not fair that an Illinois com- So these significant efforts to im- January through May of 2009. pany like Caterpillar should have to prove labor relations in Colombia have Mr. DREIER. It’s a very, very im- pay the $200,000 tariff and so many led to the Colombian labor unions rep- pressive measure. other companies that face the same resenting 79,000 Colombian workers to Mrs. BIGGERT. So I thank the gen- thing; plus, the national security issue, fully support the U.S.-Colombia Free tleman so much. the fact that we’re dealing with coun- Trade Agreement. All of these things. Mr. DREIER. I thank the gentle- tries so that we’re not allowing some of It’s an embarrassment. woman for recommending that we take the countries that are hostile to us to Mr. DREIER. So the gentlewoman is time to talk to our colleagues about just have such a foothold there. saying that the unions in Colombia are this important issue. With the Colombia agreement, I supportive of this agreement? And, again, I will say I know that she think a couple of things. And so many I’d be happy to further yield. and Mr. CONAWAY, Mr. HERGER and oth- of these agreements have gotten into Mrs. BIGGERT. Correct; 79,000 work- ers join me in hoping that this will be human rights or labor protections, and ers in the union support this agree- a bipartisan agreement. I think Colombia, in particular, has ment. worked so hard to further reduce the Mr. DREIER. We’re constantly hear- b 1900 violence and increase labor protections ing, Mr. Speaker, that unions are all Let me just take one moment as I there by improving the labor and opposed to this agreement. It seems to prepare to yield to my other col- human rights in their nation. And we me that the unions here in the United leagues, and I’m happy to yield again actually used to meet with President States of America are opposed to it, to my friend from Hinsdale, to talk

VerDate Mar 15 2010 14:39 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00067 Fmt 0688 Sfmt 0634 E:\BR09\H15JY9.002 H15JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD July 15, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 13 17899 about the much-maligned North Amer- and that’s one of the reasons I’ve sup- say made in Korea or other places that ican Free Trade Agreement. ported trade adjustment assistance, as don’t have that tariff, and then we Now, my friend comes from Texas. I know my colleagues have, so that any don’t compete well on a cost basis. So My California colleague is here. We people who do, in fact, face job loss those are American manufacturing represent States that border on Mex- that they will be in a position where jobs. They speak to you on behalf of ico, and we so often hear people de- they are able to be retrained, put into the American taxpayers and the unions scribe virtually every ailment in soci- positions that will end up being very for a change, which I don’t normally ety as being tied to the North Amer- beneficial for them. speak to, if we’re going to prosper Gen- ican Free Trade Agreement when, in So I’m very pleased now to be joined eral Motors, why not do something fact, more than one-third of all U.S. ex- by one of the great champions of the that drops the tariff, makes us more ports, more than one-third of all the trade agenda who’s a member of the competitive for the taxpayer-made exports leaving the United States of Agriculture and Intelligence and the automobiles to be sold in Colombia? America, go to our NAFTA partners, Armed Services Committees, and he’s As you mentioned earlier, Colombia’s and for some States, that percentage is the gentleman from Midland, Texas continued with the unilateral trade significantly higher. (Mr. CONAWAY). I’m happy to yield to agreements that they’re doing that Michigan, we know what a dev- him. continue to disadvantage American astating economy Michigan has. The Mr. CONAWAY. Well, I thank the businesses that compete with busi- number actually in Michigan is 68 per- gentleman for yielding to me, and nesses from those countries that Co- cent of the exports from that State go those are some pretty startling facts. lombia—— to our NAFTA partners, obviously a I’m a CPA and I tend to work better Mr. DREIER. Reclaiming my time, great percentage to Canada but also with facts than I do with hyperbole and let’s state for the record, I would say much to Mexico. make things up and guesses and wish- to my colleague, why it is that Colom- In Ohio, we so often hear our col- es. Those facts are pretty startling bia has resorted to these agreements leagues from Ohio maligning any kind when it comes to the—— with Mercosur, with Canada. The rea- of trade agreement. Yet, 54 percent of Mr. DREIER. I must say, it’s unusual son is very simply, 967 days ago when the exports from Ohio, where do they for me to use facts. this agreement was signed, President go? To our NAFTA trading partners. Mr. CONAWAY. For the much-ma- Uribe and our friends from Colombia Those jobs created in Ohio, 54 percent ligned North American Free Trade assumed that within a relatively short of them go to our NAFTA partners. Agreement, most of the time you hear period of time, that we in both Houses In Indiana, it’s 52 percent. In fact, people criticize it, but they do it based of Congress would do our due diligence without the North American Free on old data based off of misconcep- of looking at the agreement, and then Trade Agreement the manufacturing tions, and when you begin to lay out we would have had an up-or-down vote. workforce of these States would be dev- the facts to them, particularly from So it’s hard to blame our friends and astated, and let’s say that again, Mr. the States who—some of the most in- allies in Colombia for having embarked Speaker. While we hear that NAFTA is flammatory comments that I heard on on negotiations with Canada and with responsible for any job loss that takes this floor about NAFTA come from Mercosur as we have, again, reneged on place in Ohio, in Michigan, and in Indi- Members from Ohio. And that’s a pret- our commitment to have an up-or- ana and other States, in fact, were it ty startling fact that we will have to down vote here. not for the North American Free Trade confront them with perhaps the next And I’m happy to further yield to my Agreement the manufacturing job loss time that they bring that up. friend. would be tremendously higher than it I would like to move back to Colom- Mr. CONAWAY. Well, I thank my is today. bia because I think, given free trade friend for yielding. Since implementation of the North agreements that are the most ripe for I was startled last week when I saw a American Free Trade Agreement be- execution and for completion, Colom- headline attributed to a comment that tween Canada and the United States bia would certainly be in that cat- our United States Trade Representa- and Mexico, we have actually seen our egory. tive Ron Kirk made that trade still or trade triple to nearly $1 trillion. Be- My colleague mentioned it had been was a high priority with the White tween 1993 and 2007, 28 million Amer- 967 days that that bill has languished House. High rhetoric but no action. ican jobs have been created, or a 25 per- in our system. Let me point out that, I’ve not seen any pressure from the cent expansion in our workforce. Be- over 925 of those days, we’re under the White House on the Speaker to tell the tween 1993 and 2007, U.S. industrial pro- leadership of Speaker PELOSI. So it has Speaker that we have a great friend in duction, three-quarters of which is been the Speaker who has stood in the Colombia, we have an ally, a stalwart manufacturing, rose by 57 percent, al- way of reducing tariffs by $2.1 billion, ally in President Uribe, and we need to most double the productivity increase that my colleague mentioned earlier; quit thumbing our nose at him, quit in the 12-year period before implemen- insisting that the 35 percent tariff on treating him like a redheaded step- tation of the North American Free automobiles remain in place; the 10 child, and begin to treat him as the Trade Agreement. percent tariff on cotton remain in friend and ally we know him to be by And more than 110,000, small- and place; and the 10 percent on computers recognizing the importance of this free medium-size businesses export to Can- and other things made in the United trade agreement, and getting it passed, ada and Mexico, 110,000. I know many States remain in place. getting it signed and getting it imple- of them are in Texas, many in Cali- Mr. DREIER. Mr. Speaker, would my mented into law. fornia, many in Illinois and other friend repeat those numbers? I think The only reason I can see so far, re- States. These companies are spread all that’s very, very telling, and that is a maining reason, is our trade unions’ across the country, but the top export- tariff level in place basically under- opposition to this particular trade ers to Canada and Mexico are, in fact, mining the ability of sending the prod- agreement. I’m not sure why they Texas, California, Michigan, Ohio, Illi- ucts of U.S. workers here in the United picked out Colombia because, in the nois, New York, Indiana, and Pennsyl- States into Colombia. grand scheme of things, Colombia’s vania. Mr. CONAWAY. Well, it’s interesting overall economy doesn’t threaten any And so while we regularly hear the that between the unions and the Fed- particular business in the United North American Free Trade Agreement eral taxpayers, we own General Motors, States. as being maligned and responsible for and so a General Motors car made in But the remaining issue is with our any economic challenge we face in this the United States bears a 35 percent trade unions. It’s been my experience country, the opposite is the case. tariff if you try to sell it in Colombia. that Colombia has addressed almost Have there been any people dis- So you add 35 percent to the cost of every single one of the issues with re- placed? Well, of course there have been, that car, and it competes with a car spect to union organizers that was the

VerDate Mar 15 2010 14:39 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00068 Fmt 0688 Sfmt 0634 E:\BR09\H15JY9.002 H15JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD 17900 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 13 July 15, 2009 pushback. They’ve decreased the vio- And I thank my friend for her con- Most Americans don’t know that the lence significantly. They’ve agreed to tribution. I thank my friend from Mid- U.S. is not only the number one trad- ILO standards. As my colleague Mrs. land as well. ing nation in the world but also the BIGGERT mentioned earlier, they’ve Now, I’m very, very pleased, Mr. number one manufacturer and that our agreed to an Office of the High Com- Speaker, to yield to our very, very record exports last year were the one mission from the U.N. on human hardworking colleague who for many bright spot in our economy. rights. All those things have been years served as the top Republican on Mr. DREIER. Mr. Speaker, let me agreed to so there’s no rational reason the Ways and Means Committee Sub- ask my friend to repeat that. We are to continue to maintain the 35 percent committee on Trade who’s been a great the number one manufacturing country trade barrier on automobiles. There’s champion of it, as a fellow Californian, in the world? So few people realize no rational reason to maintain the 10 represents important agriculture in- that. People believe that it is China. to 15 percent trade barrier on movies dustry in his State, the largest indus- People believe that there are other and DVDs. There’s no rational reason try. I say as an Angeleno, that I know countries, that Mexico is, but we con- to maintain the 10 percent tariff on full well that agriculture is the number tinue, even with this struggling, down cotton. And finally, there’s no rational one industry in our State of California, economy to be the number one manu- reason to maintain the 10 percent tariff and the idea of opening up new mar- facturing country in the entire world? on computers. That hurts American kets is very important. Mr. HERGER. That is absolutely cor- businesses. And actually, as the gentleman be- rect, number one manufacturing nation My colleague mentioned a while ago gins, I want to talk a little bit about in the world, the number one trading that our trade unions don’t understand the U.S.-Korea Free Trade Agreement nation in the world. Trade is part of that when we make things in the because I know that would play a very the foundation of a strong economy United States and sell them overseas big role in benefiting the constituents and high standard of living. that creates jobs. I would respectfully he has, the farmers whom he rep- b 1915 disagree. They are bright, smart peo- resents. ple. It’s counterintuitive why they With that, I’m happy to yield to my Today, for example, more than 57 would be against creating jobs in friend from Chico. million American jobs depend on trade, America so that we could build stuff Mr. HERGER. Well, I thank my good and these jobs pay 13 to 18 percent and sell it overseas, but I think they friend from California (Mr. DREIER) for higher wages. Clearly, it would be in full well understand the mechanics of yielding and also for the leadership our Nation’s best interest to build on how that works. that you’ve given over the years in this this record, helping us through this dif- So I would encourage my colleagues incredibly important area of trade, of ficult economic time. to continue to push on the Colombia fair trade, of free trade, and how cru- The premise is simple: reducing tar- Free Trade Agreement. Colombia is the cially important it is to our economy, iffs and other barriers would make our strongest democracy in South Amer- not just to the district I represent but goods less expensive and therefore ica, and at a time when there’s unrest to our entire Nation. more competitive in foreign markets. in Honduras, unrest in Venezuela, un- And Mr. Speaker, the number one The additional sales from exports will rest in Bolivia and throughout that re- concern for Americans right now is the help sustain and grow our U.S. busi- gion, we need a strong ally in that economy. Americans know that the nesses during this economic downturn, country. We need to put our actions health of the U.S. economy directly creating much needed job opportunities where our mouth is, in effect, and put impacts their job and their ability to in the United States. this agreement in place so that we can provide for their family and keep a roof When you combine the fact that de- quit insulting our good friend Presi- over their heads. mand is sluggish in the United States dent Uribe by refusing to bring this up. At the beginning of the year, Demo- due to the high unemployment and I appreciate the gentleman for the crats pushed through the Congress an general uncertainty about the eco- time. nomic outlook with the fact that 95 Mr. DREIER. I appreciate the gen- unprecedented measure to spend $787 percent of the world’s consumers live tleman for his very thoughtful con- billion in an attempt to stimulate the outside the United States, it seems like tributions and I’d be happy to yield to economy. That was money we had to the commonsense solution would be to my friend from Hinsdale. borrow, creating a national deficit that Mrs. BIGGERT. I was going to maybe will reach almost $2 trillion by the end encourage U.S. exports by reducing correct what I said. What I meant to of the year. barriers abroad. The best way to do say that there were people on the other The President assured the American this is to negotiate market-opening side of the aisle that had blocked these people that this was the only way to trade agreements with other countries. agreements, and not the trade unions. I prevent the unemployment rate from Mr. Speaker, my district in rural know that so many of them really do reaching 8 percent. Yet, with this northern California is typical of many know how important this is. mammoth deficit spending, the unem- districts across the United States that Mr. DREIER. I thank my friend for ployment rate has skyrocketed not to 8 are largely dependent on agriculture. her contribution as well, and it has percent, but to 9.5 percent, with esti- We produce more almonds, walnuts, been an unfortunate thing. I believe mates indicating it will reach 10.5 per- rice, and prunes than we can possibly that there are intelligent people within cent before the end of the year and no consume, and heavily rely on exporting the union movement here in the United end in sight. these goods to foreign markets. States who understand that creating While Americans continue to strug- The bottom line is promoting free jobs in the United States hinges in gle to find work, Congress has moved and fair trade through these agree- large part on opening up markets on to other issues, ignoring one of the ments is an essential component of where 95 percent of the world’s con- most obvious and efficient vehicles to economic recovery. Unfortunately, sumers are outside of our borders, and promote economic growth and create House Democrat leadership has failed yet, they have, for some unknown rea- jobs: trading with other countries. Im- to take this necessary step for our son, and there’s lots of speculation as portantly, this solution doesn’t require workers, despite the fact that we have to why they do this, they have contin- the government spending billions of three agreements—three agreements ued to drum up and really pander to dollars nor does it require a huge ex- already negotiated and just waiting for what is the lowest common denomi- pansion or invasion of the government congressional approval. nator of fear, frightening people, My into the free market. It is as simple as Two of these pending agreements are gosh, if we embark on an agreement, removing foreign barriers to U.S. goods with close U.S. allies in South Amer- we’re going to lose jobs, when, in fact, and services so that our workers and ica: Panama, and Colombia. Both of every shred of evidence that we have is businesses can compete on a level play- these countries largely already have that the opposite is the case. ing field in the global economy. duty-free access to U.S. markets due to

VerDate Mar 15 2010 14:39 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00069 Fmt 0688 Sfmt 0634 E:\BR09\H15JY9.002 H15JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD July 15, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 13 17901 trade preference programs, while our nore it. Expanding trade opportunities for our leagues about the need to pass real goods face high tariffs in theirs. Yet, businesses will help them grow and expand, comprehensive health care reform for these nations want to move from a one- creating jobs that American workers need right this country and for our constituents. way trade relationship to a two-way re- now. And if that isn’t reason enough, we don’t We know what the problem is out there lationship. Why? This Congress is pre- have the luxury of time to sit back and wait because when we’re out there at our venting that from happening when our while our competitors race by. I urge this Con- town halls, when we’re setting up our workers would benefit from new oppor- gress to act on behalf of American workers office hours at the supermarket or the tunities in these markets. and pass the three pending U.S. trade agree- grocery store, it’s our constituents It is mind-boggling to me that the ments. Our great Nation is at a crossroads. that are coming to us and telling us U.S. Government continues to ignore Will the Democrat Leadership of this Congress about the fact that they just can’t af- the needs of our workers in such a way. take our Nation down a protectionist path, iso- ford this health care system any We also have a pending agreement lating our Nation from the rest of the world, or longer. with South Korea, which is the most are they going to choose the path traveled by If you’re lucky enough to have insur- commercially significant agreement Pres’s John Kennedy and Bill Clinton and em- ance, you’ve seen your family have to for the United States, as Korea is al- brace the quest for open markets that have pick up more and more of the share. As ready our seventh largest trading part- helped make this country the greatest Nation the cost of health care goes up for busi- ner. in the world? nesses, they’re passing more of it along Together, these three trade agree- During this time of economic instability, it to individual consumers. ments would increase U.S. exports by has never been more important for the leaders So now, if you’re a family of four out at least $10.8 billion, as estimated by of our Nation to actively choose open markets there, you’re likely to be spending the U.S. International Trade Commis- and free & fair trade. The United States al- $3,000 to $5,000, at least, on health care, sion. That clearly means more busi- ready tried protectionism in the 1920s—it was even when you have insurance. Your nesses for U.S. companies and more called the Smoot-Hawley Act of 1928 that deductible now is in the thousands of jobs for American workers. And these raised tariffs on products in every sector which dollars rather than in the hundreds of benefits are spread throughout the en- resulted in a worsening of the Great Depres- dollars. tire economy. All sectors benefit: man- sion. Mr. Speaker, the American people can- That copay that you have to bring ufacturers, agricultural producers, and not afford to go down their protectionist path with you to the doctor’s office now services. again. We desperately need the benefits & op- isn’t $5 or $10; it’s $100 or $150. Those Yet, instead of providing this true portunities that these trade agreements create. drugs that used to only cost you $5 or stimulus to our struggling economy, Mr. DREIER. Mr. Speaker, let me $10 when you showed up, well, if it’s in Congress and the administration have thank my colleague for his very the wrong tier of drug, you may be chosen to tie our hands behind our thoughtful contribution, especially paying 50 to 70 percent of the cost of back. We must realize the cause of this mentioning the very important Korea that drug. inaction. If the American people knew agreement. If you’re a senior citizen and you that denying a vote on the Panama This is about jobs, jobs, jobs created happen to find yourself in the dreaded right here in the United States of agreement is causing U.S. workers to doughnut hole, not only are you paying America. And that is exactly what miss an opportunity to export heavy the full cost of those drugs, and poten- these trade agreements will do. machinery to Panama for their $5 bil- I thank my friend and all of my col- tially bankrupting yourself in the proc- lion Panama Canal expansion project, leagues for their participation in this ess, but you’re paying the highest would they think Congress is acting in very, very important Special Order. I prices in the entire health care market their best interest by sitting on the will say, Mr. Speaker, that we will con- when you show up at the drug store. agreement? I think not. tinue this conversation, and look for- You’re paying more than the Federal If the American people knew that if ward to work in a bipartisan way to get Government pays for that drug. You’re Canada ratifies their agreement with these agreements through so that we paying more than Blue Cross/Blue Colombia before the U.S., Colombians can create more good job opportunities Shield pays for that drug. You’re pay- will be buying Canadian wheat instead for our fellow Americans. ing through the nose for it. of U.S. wheat, would they think that This health care system is broken. loss in market share to our competitor f It’s broken because the people that got is acceptable? I don’t think so. URGENT NEED FOR HEALTH CARE it just can’t afford it any longer. If the American people knew that if REFORM Now, much of the cost is very visible the European Union ratifies their The SPEAKER pro tempore (Mr. to people. That cost that you now bear agreement with South Korea before the DONNELLY of Indiana). Under the as an employee, that you didn’t used to U.S., Koreans are going to use Euro- Speaker’s announced policy of January have to pay, that increased deductible pean services instead of services pro- 6, 2009, the gentleman from Con- or that copay, that hurt is felt. We’re vided by American workers, would they necticut (Mr. MURPHY) is recognized for feeling it for you because we’re hearing think their Members of Congress are 60 minutes as the designee of the ma- those stories increasingly about people doing what’s best for American work- jority leader. that just can’t come up with the ers? Absolutely not. Mr. MURPHY of Connecticut. I money to pay that high deductible, By not finalizing these agreements, thank Speaker PELOSI and my col- people that just don’t have the cash to we not only miss out on opportunities leagues for allowing us to come down fill in the drug company doughnut for our businesses to expand; we will for the next hour or so and speak to hole. That hurt is visible and real for also start to lose our current market you. We’re doing a joint hour. Occa- our constituents. share to our competitors. The EU, Can- sionally, those of us who are pushing But there is an invisible pain. There ada, China, and other nations aren’t for health care reform to happen for is an unseen hurt that we need to talk standing still. They will continue to our constituents this year have come about here on this floor because there push for their own market-opening down to the floor to share our thoughts are a lot of businesses that are passing agreements that would put U.S. goods about the urgent need for reform. along the cost of health care, but there and services at a competitive disadvan- We’re sharing this hour with the 30- are also a lot of businesses that are tage. something Working Group, which I’m eating the cost of health care, that Mr. Speaker, the reality is that if we are not honored to be a part of. And I know our don’t want to have a high-deductible moving forward, we are moving backwards— hope is that, at the very least, Rep- plan for their employees. So what they and other countries aren’t going to wait for us resentative RYAN will be able to join us do is they pay it instead. to catch up. Trade is an essential part of eco- later this evening as part of this hour. The business decides that they will nomic recovery and the American people can- But we are here to focus our thoughts pay the 10 percent increase in pre- not afford for this Congress to continue to ig- and our energies and to talk to our col- miums, but it just means that their

VerDate Mar 15 2010 14:39 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00070 Fmt 0688 Sfmt 0634 E:\BR09\H15JY9.002 H15JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD 17902 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 13 July 15, 2009 employees don’t get a wage increase we cannot sustain. And so we’ve come part of each premium is actually pay- that year. Or when they were supposed down here to the House floor today to ing for the uninsured. It’s called cost to get a 5 percent bump up, they only not just focus on the problem—I think shifting. And it’s estimated that every get a 2 percent bump up. you’ve got to talk about the disease in American family pays $1,100 per year There are millions, millions of em- order to get a diagnosis—but to talk for the uninsured. ployees in this country who should be about the fact that for the first time in So, for instance, you go into the ER making more in take-home wages but almost a generation we are on the with a broken ankle, you get health aren’t because the businesses that they verge as a United States Congress of care. The uninsured person goes into work for are paying more in health rising to the massive challenge that the ER for that same broken ankle, care costs than they ever have before. confronts our health care system. they get health care because we have a Now that’s just not me talking; We are on the precipice of passing Federal law that requires that all peo- that’s just not anecdotes I hear from real health care reform that lowers the ple get health care when they return to the business owners and the employees cost of health care for everybody in the the emergency room. But we pay $2,000 in my district. That’s data. That’s data system whether you’re an individual for that broken ankle, not because it that shows that over the last 10 years paying it or you’re a business having to costs $2,000, but because the individual the premiums charged to employers bear the burden of the cost, and at the who came in with no health insurance from health care insurance companies same time makes the system more fair didn’t pay. And that’s where the cost have risen by 120 percent during the for people right now that are paying shifting takes place. last 10 years—120 percent jump. More more for health care just because they So with health care reform, it’s going than double—a more than doubling of happen to be sicker than somebody to be much like many States in the health care premiums charged to busi- else; for those millions of people who country have as it relates to auto in- nesses. can’t find health care in the first place surance. There’s a mandate for auto in- During that same time, average because they happen to have a pre- surance, and now we’re going to man- wages have grown by only about 20 or existing condition. date that every American have health 30 percent. During that same time, For all those senior citizens out insurance. And for those who can pay, wages have grown at less than the there who are trying to decide between they will pay. And for those that can’t overall rate of inflation. Guess what? 20 different plans that the difference pay, we will help them pay. That’s because of the cost of health Now, the next question I want to an- can only be deciphered in the fine print care eating into the money that people swer is why is health care so expensive. of the paperwork that they send you in take home from their paychecks. Currently, the United States pays Lastly, the invisible cost comes here. the mail, we’re going to make this sys- twice as much as any other industri- Guess what, Mr. Speaker and my col- tem more transparent, we’re going to alized country in the world for health leagues? We’ve got a system of uni- make it more fair, we’re going to give care; $6,700 for every man, woman, and versal health care in this country. people more choice. And by doing that, child. Now, compare that to what’s We’re not inventing a system of uni- we’re going to lower the cost of the paid in Germany or Canada, where it’s versal health care. We’ve got one now. American health care system for every- $3,000. Or take the country of Japan, It’s just the most inhumane, most un- body so that those very visible costs where it’s $2,500. And the cost of living conscionable, most inefficient uni- that are holding families back are con- in Japan is just as high as it is here in versal health care system in the world trolled and those invisible costs that America. because our Federal law guarantees too often aren’t seen by wage earners Now, the conventional wisdom would you health care, but only until you get or by taxpayers disappear over time. suggest that, well, our health care is so sick, you get so crippled, that you b 1930 more expensive because our outcomes get so desperate that you as an unin- are better. You get better care if you So I’m really glad to be down here sured individual have to show up to the pay more money. Well, that’s simply this evening. I see Representative emergency room. And so you get care, not true. The U.S. ranks first in unnec- SPEIER’s joined us, so I’d love to hear but it’s too late. essary deaths among the 19 industri- It’s the most expensive, most ineffi- from her as well. We’re going to be alized nations. cient way of delivering universal joined later on, I know, by Representa- Now, let me repeat that. The U.S. health care. There is a cost to that, be- tive RYAN and others to focus some at- ranks first among—the most unneces- cause when that individual who could tention on this problem of health care sary deaths that take place as a result have just gotten a prescription to cover and the approach that we’re going to of a lack of health care. In fact, the their growing infection and instead lets take in this House. So I’d love to have number is pretty staggering. It’s like it get to such an extent and such a de- Representative SPEIER from California 22,000 Americans will die this year for gree of severity that they have to show join us to talk a little bit more about lack of access to health care. up at the emergency room and they the challenges that we confront and We waste a lot of money on health have to have major surgery to cure some of the solutions that we put care spending. Recent estimates are that festering illness and infection, forth. that one-third of the care provided in there’s a cost to that of 10 to 20 times Ms. SPEIER. Well, thank you to the this country, to the tune of some $700 what the cost of the preventative serv- gentleman from Connecticut. I want to billion, doesn’t improve anyone’s ice might have been. thank you for your leadership and for health. Now, if a third of the care That cost doesn’t just sort of evapo- your comments because this issue can’t that’s being provided isn’t providing rate in the air. It doesn’t disappear wait. I think we know that better than additional health care, then it’s waste- into the ether. It’s real. It’s sub- most. ful spending. And when they talk about stantive. The hospital picks up that But tonight what I would like to do $700 billion of wasteful spending, it’s cost and forces private insurers to re- is talk to the 80 percent of Americans time for all of us to sit up and think, imburse them more to help them cover who have health insurance, who basi- wait a minute. What’s really going on the costs of the uninsured. Charges cally ask, Well, why should I care here? some of it back to the government. about health care reform? I have And 20 percent of the health insur- Every taxpayer in this country, a por- health insurance. And to the 80 percent ance premium goes for overhead and tion of your tax dollars that you send of Americans who do have health insur- profits. Now, when I tell you that in to the Federal and State government ance, I have a few things to tell them. 1994 only 4 percent of the health care goes to hospitals and emergency rooms Right now, for all of us that have premium went for profits and overhead, to cover the cost of all those 50 million health insurance, we are in a position you’ve got to scratch your head and people that walk in without insurance. of paying for those that don’t have ask, how did we go from 4 percent in So there are costs all throughout the health insurance. It’s called cost shift- 1994 in overhead and profits to 20 per- system, both visible and invisible, that ing. So for the premiums that we pay, cent in 2009?

VerDate Mar 15 2010 14:39 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00071 Fmt 0688 Sfmt 0634 E:\BR09\H15JY9.002 H15JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD July 15, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 13 17903 Next question that I want to answer tested for multiple sclerosis? Not that not really happy in the job that they’re is how does this health care reform you have multiple sclerosis, but that in. They want to go do something else, make it safer for me. you were tested for it becomes a pre- or that they really have a great idea, a I want to tell you a dirty little se- existing condition and you can be de- business that just has been germi- cret. It’s a dirty little secret about nied health insurance in the individual nating in their mind and they want to health care that no one wants to talk market. go out and start it, but they can’t leave about, and it’s about medical errors, Let’s move down to bunions. How their current job. They can’t go out and we have known about it for dec- about too thin or too heavy? How and start that business because they’re ades. The Institute of Medicine put out about too healthy? going to lose their health care because a report that said there are 100,000 Believe it or not, this was a reason their daughter is sick and they’ve got deaths in America every year because given to a gentleman for not giving some health care for her now, but if he of medical errors; 100,000 deaths. him health care. In Florida, he sought leaves or she leaves and goes out and Now, I’m going to talk about a spe- insurance in the individual market be- does what they really want to do with cific bacteria infection that people get cause he was working for an architec- their life, or starts that small business, typically in the hospital. It’s called tural firm that didn’t offer it. He’d that they’re going to lose that health Methicillin-resistant Staphylococcus been healthy all his life. He’d never care coverage. There are millions of aureus. Now we say MRSA for short. been to the doctor. He did all the right Americans who have health care today Now, the MRSA infection rate is grow- things. He was a health nut and stayed and are trapped, are trapped in their ing by leaps and bounds. In fact, in shape. And so when he went shop- job, are trapped in their place of em- there’s 100,000 cases of MRSA a year. ping and he was declined coverage, it ployment, because they can’t dare lose Two-thirds of those people that get was because there was a ‘‘lack of cur- the coverage that they have. that infection get it in the hospital set- rent medical records.’’ Now, he ex- Now, in the most powerful country in ting. plained that he didn’t have any med- the world, in the beacon of freedom Now, of the 100,000 people that will ical records because he hadn’t been to from around this globe, that kind of get a MRSA infection, 19,000 of them a doctor because he’s been healthy. But servitude to your employer, just be- will die because of that infection. Now, for that reason, because he was too cause you have insurance that you that’s a stunning figure. healthy, he was declined health insur- can’t leave, just doesn’t seem right. If there was a 747 that crashed in the ance. But it also is just absolutely silly United States every week, that’s the I had a story that just came into my economic policy. Think of all of the in- equivalent of 19,000 deaths. And if there office today. It’s a family in my dis- novation that we’re stifling. Think of was a 747 that crashed every week in trict, and they called because they all of the great entrepreneurs who America, we wouldn’t tolerate it. We’d were concerned. They have twin sons. never get to go out and invent, who call on the FAA. We’d call on the air- One of their sons just had a dislocated never get to start that business be- lines. We would stop it. But we’ve done shoulder from an athletic event. Not cause they can’t leave the insurance very little to stop the spread of MRSA unusual. But because he had that dis- that they have. So this really is fun- in hospital settings. located shoulder, they had been told by damentally about trying to make Now, this health care reform bill their health care insurer that they will health care for those that have it more takes an important step, not a full now exclude coverage for any shoulder meaningful, more real, but also more step. It doesn’t go all the way, but it injuries for both sons, even though the flexible. And I thank you for drawing does now require that hospitals will twin brother was not engaged in the attention to this issue. have to report their hospital-acquired athletic activity and didn’t dislocate Well, we are blessed to have with us infections. his shoulder. on the floor Representative RYAN. We What we need to do, furthermore, is So, health care reform makes pre- were talking earlier. This is kind of a put the protocols in place so that we existing conditions a thing of the past. hybrid health care hour/30-Something can stop these infections from occur- All of this would be wiped away. All of hour, and one of the things we’re talk- ring and we can stop the deaths as these horror stories would be gone. ing about here, Mr. RYAN, is that this well. Americans could breathe a sigh of re- is hard; right? This is a big problem. Now, the last thing I want to talk lief that now, no matter what your ail- We’ve got one the most confusing, about is something that not everyone ment, and believe me, all of us have a most complicated health care systems is necessarily familiar with if you’re in preexisting condition of one sort or an- in the world, and we’re going to take a group health setting, and it’s called a other; it just hasn’t been tested be- on a very complex and convoluted sys- preexisting condition. If you’re in a cause we’ve been in the group health tem at a lot of different angles. group health setting, it doesn’t matter market. But all of us will be able to ac- So the bill that is going to come out if you have a preexisting condition. cess health care and health insurance is going to be big. It’s going to have a You are covered. But if you’re in the through the health care reform pro- lot of pages to it, because in order to individual market and have a pre- posal. tackle a really complicated and con- existing condition, good luck. You know, much like you, I came to fusing health care system, you have to And I’d like to show you these health Congress to make this country a better have the guts to think big. You’ve got care horror stories, preexisting condi- place. With real health care reform, I to take on all of the various problems tions. These are the types of pre- believe we’ll have an opportunity to do that have been created in this system, existing conditions that can prevent just that. whether it be high cost health plans, you from getting health insurance in Thank you. I yield back. preexisting condition exclusions, post- this country. Depression, sprained Mr. MURPHY of Connecticut. Thank claims underwriting, all of the various ankle. How about a misdiagnosis for bi- you very much, Representative SPEIER. tricks of the trade that insurers and polar disorder? Thank you for drawing attention to others have used to try to make money This is an actual case. A young what this reform effort that we’re talk- and exclude people we’ve got to take on woman was given a bad diagnosis. Her ing about here tonight means, not just and do things with. doctor confirmed that she never should to these people that you’re talking But it also makes it really easy for have been diagnosed; yet, when apply- about that have been denied coverage folks who are critical of health care to ing for individual insurance, she was for preexisting conditions, but what it just sit back and say, Well, what you’re denied due to her psychological his- means to all the folks that have insur- proposing isn’t any good, and we’re just tory, even though it was a misdiag- ance out there. going to sit back and criticize rather nosis. If I had a dime for every person I’ve than propose alternatives. And that Well, look down that list. Diabetes, run into that has talked to me about seems to be the dynamic once again gallstones, anxiety, stress. How about the fact that, you know what, they’re that’s playing out on this floor, that

VerDate Mar 15 2010 14:39 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00072 Fmt 0688 Sfmt 0634 E:\BR09\H15JY9.002 H15JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD 17904 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 13 July 15, 2009 the Democrats are going to offer real icaid, Medicare, Social Security, the coming abroad. Energy prices might solutions, real opportunities for this Pension Benefit Guaranty Corporation, have gone up by 120 percent, but noth- country to move forward on health and the health care tax credit that we ing else has increased by 120 percent. care, and we’re going to be met with increased from 65 percent to 80 percent That is an unsustainable rate of opposition that defends the status quo in the stimulus bill. Those are the only growth for our employers, and it puts and really doesn’t offer alternatives. things preventing people from being on them at a tremendous disadvantage So we’re here tonight to—— the streets. They’ve lost their homes, vis-a-vis the rest of the world. We live Mr. RYAN of Ohio. Will the gen- and they have no health care. If it in a global economy today. tleman yield? weren’t for these basic safety nets that If we want to go back and diagnose Mr. MURPHY of Connecticut. Abso- we’ve set up, there would be cheese all of the reasons that our economy, es- lutely. lines again. Let’s be honest about it. sentially, went into a free fall at the Mr. RYAN of Ohio. Because we have, No one wants to admit it. end of last year—and that were abated hot off the presses here, a copy of and So what we are trying to do here at the beginning of this year, in part, a chart of the Republican health care with energy, quite frankly, and now by the actions that this Congress plan. And it has been the Republican with health care, is to shift what’s took—you’ve got to look at health care health care plan for a good many years going on in our country. It has taken costs. You’ve got to look at the fact now, and it will continue to be the Re- us a long time. Since 1980 this supply- that $1,500 of every car produced in this publican health care plan, and it looks side economic policy has been hap- country can be accounted for just with very similar to the Republican energy pening. What we are trying to do is to regard to retiree health care benefits. plan. Not quite sure exactly what it is. shift 30 years of this nonsense that has That number is essentially zero for Lots of question marks. No real solu- been implemented and to restructure their competitors in Asia or in Europe. tions for the American people. And as our country, to unleash the power, as This economy is weighed down by a you, I think, articulated a few minutes Mr. MURPHY stated earlier, of the health care system that costs twice as ago, this is a major issue for real peo- American people. Those people in our much as every other health care sys- ple all over the country, for people who districts who don’t have health care or tem in the rest of the world. have lost their jobs because of the who have lost their jobs and who are So, if we want to talk about eco- downturn in the economy, for people scared in America need to be helped. I nomic revitalization, if we want to talk who come from communities who have make no bones about it, and I don’t about making this country globally been dealing with the global restruc- think anyone else does, because the top competitive again and about coming turing, with the loss of manufacturing 1 percent has been fine. They will be out of this recession stronger than we jobs. fine. were when we went back into it, then What we are trying to do is to re- we’ve got to do something about costs. b 1945 structure the system. We are trying to We spent some time today in our Many people from my district for the take health care as it currently is, Mr. committee, Mr. RYAN, with the non- last 30 years, whether they were in the Speaker, and squeeze the fat out of it, partisan Congressional Budget Office. rubber industry in Akron or in the squeeze the special interests out of it, They outlined for us the economic ef- steel industry in Youngstown or in the take the savings to help cover every- fects of our bill, and they made it very auto industry in Warren, have had to one, and invest at the front end by clear: The reforms that are outlined in deal with this tumultuous change in making sure that we don’t have co- our bill are going to lower the costs of our economy. This is prior to Wall pays for preventative care, to make health care insurance for individuals Street’s pulling the rug out from the sure that no one will lose their insur- and for employers, that the menu of national and, really, from the global ance or will have to go bankrupt be- options that we are going to present, economy, and this is prior to the bad cause of their health care issues. To an increased menu of affordable op- policies over the past, you know, 8 to me, this is basic common sense. tions for businesses and for individuals, 10 years that our friends on the other The security for the American people is going to lower the costs of health side have consistently pushed. is what we are looking for so that they care. In an era where most businesses You know, from a lot of the people can confidently go about their busi- are crossing their fingers and are hop- who do have some criticism, maybe, for ness, so that they can create wealth, ing and praying that this year’s pre- what’s going on, I don’t hear anyone take chances and be entrepreneurs. mium increase is only 10 or 11 percent, saying the answer is to cut taxes for That’s what this is all about. a decrease in cost is almost unthink- the top 1 percent and to get defense If you take these two pieces of legis- able for those businesses, and it’s cen- spending kicking. We’ve been doing lation, the health care and the energy, tral to why we’re doing health care re- that. Prior to the Democrats’ coming you are talking about unleashing the form. into office a couple of years ago in the potential, the innovation, the entrepre- Mr. RYAN of Ohio. I thank the gen- House and then prior to President neurship, the talent, the intellect, and tleman. Obama’s getting elected, we had a pol- the skill of the American people. These numbers are from 2004, but icy where there were tax breaks for the Mr. MURPHY of Connecticut. Will they illustrate the point, and we’ll get top 1 percent, and they were supposed the gentleman yield? them updated. to invest all of that money into our Mr. RYAN of Ohio. I would be happy The United States in 2004 spent $6,100 economy. It never really happened. to yield. per person on health care with one’s I think what happened over the Mr. MURPHY of Connecticut. Let me life expectancy to be 771⁄2 years. In Can- course of the last couple of years was go back to a number that I used at the ada, France and Germany, they spent that the Reaganomics—supply side eco- outset of this hour. $3,000 and a little bit of change, and nomics—cut taxes for the wealthiest Over the last 10 years, a time during their life expectancies are 3 years more and then hoped the crumbs fell some- which the Republicans had control of than ours, 2 years more than ours and where in Youngstown, Ohio, for some this House and the Senate and during 11⁄2 years more than ours. We’re spend- of the workers to maybe get a bite of. which the Republicans had control of ing double. So what we’re saying to our It has not worked. With the deregula- the White House, the employers in my employers is that the status quo can’t tion of Wall Street, we saw what hap- district saw health care costs go up by stand. We are being wasteful with our pened there. It has caused a global re- 120 percent. Now, they’ve had a lot of health care dollars. We are wasting cession almost to the likes of the Great things increase during that time. money in this system. Depression. The only things I feel are Frankly, Mr. RYAN, the only thing that So, if you’re a conservative, if you’re saving this from being a Great Depres- competes for that are energy costs, a businessperson and if you’re standing sion are the Great Depression pro- probably during that same time, de- in the halls of Congress and if you have grams—unemployment insurance, Med- pending on what oil was costing from to look at and analyze the health care

VerDate Mar 15 2010 14:39 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00073 Fmt 0688 Sfmt 0634 E:\BR09\H15JY9.002 H15JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD July 15, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 13 17905 situation, you will come to the conclu- nesses—at every level of our govern- plan alternative, which, I think, is vi- sion that it is better for us as a coun- ment. Regardless of one’s age, gender, tally important. Those Americans who try to put money upfront toward pre- race, religion or income level, everyone cannot afford to purchase insurance in ventative care and to save money on has a direct stake in our health care the private market will receive assist- all of these costs that happen down the system, and it’s important that Ameri- ance in paying for the coverage that line. cans are properly informed of their they do choose. We have universal coverage now, but choices as Congress moves forward Under this new system, private it’s through an emergency room, Mr. with health care reform. health insurance companies will now Speaker. That’s no way to run a health Now, I think every Member of Con- have to play by a new set of rules. The care system. Don’t come to us, you gress certainly is in agreement on one insurers are no longer going to be in know, unless it’s an emergency. Then fact, which is that our current health the driver’s seat. We are putting the come to us. Then we’ll take care of care system, as I said before, is not sus- American people in the driver’s seat. you. No business would run that way. tainable. I’m really disturbed, I have to b 2000 You would put money up front. We’ll say, by allegations from my colleagues We’re going to make sure there is a give you a prescription. We’ll help you on the other side of the aisle that pro- basic new set of rules and fairness in posing real solutions which offer sub- with your wellness. We’ll help you deal our health insurance system. Again, stantive changes to the status quo is with your stress reductions. We’ll help the health insurers will no longer be you deal with mental health. We’ll help somehow seeking to socialize medicine able to deny coverage based on a per- you deal with a lot of these issues so or is seeking to ration care. I think son’s previous health condition, and that you don’t come to our emergency this is something that we should ad- they’ll have to participate in a more rooms as often for health care. dress, so I’d like to offer some insights transparent and competitive market- I have a CEO in my district who into this, some clarifications on this place. This means reducing out-of- talks about his hospital. He has said to point. pocket costs or unexpected fees when me more than once, Give me the oppor- First of all, the thing that we must patients become sick and need the care tunity to get that person and to give acknowledge—and Mr. RYAN was talk- that they have paid for and have been him a $20 prescription instead of my ing about it earlier, the unfortunate promised. Greater transparency will having to deal with him when he comes truth—is that we’re already experi- translate into more manageable costs to my emergency room where it costs encing rationing under the current sys- so that when we open our bills or state- me $100,000. That’s what we’re trying to tem. We experience it when insurance ments, we know exactly what we’re do here. That’s what this whole health companies deny individuals coverage paying for. Most importantly, under care reform is all about. based on their health statuses or pre- this vision of health care, doctors and I want to yield to a friend of mine. existing conditions. We see it in the patients will make medical decisions, We have worked on a variety of issues millions of families whose premiums not insurance companies or the govern- together and will continue to. He is a and co-pays are so high that they have ment. I cannot overstate this point great Member from Rhode Island, and to forgo basic care and life-sustaining enough. Medical decisions should al- he is a very dear friend, Mr. LANGEVIN. treatments or have to choose between ways be left to the patient and his or Mr. LANGEVIN. I thank the gen- medications and groceries. We see it in her health care provider. That’s what tleman for yielding. businesses that can no longer offer in- we’re going to ensure under this sys- I just want to echo your comments surance as a benefit to the employees, tem. This is the health care system because you’re right on target. not because they don’t want to but be- that we can and we must strive for, one Clearly, in the United States, we cause they simply can’t afford it. Each that offers stability for families, where have a health care system that is bro- of these circumstances represents a coverage is not lost because someone ken. We’re in crisis and it’s form of market-based rationing, which changes or loses their job or becomes unsustainable. It is clear, when you is a basic failure of our current health unexpectedly ill. These are, as we look at statistics from around the care system, of our private health in- know, without a doubt challenging world, that we have the highest costs surance markets, due to skyrocketing times. We face extraordinarily high un- and yet the worst outcomes when it costs. employment in this country. In my comes to health care. That’s because, I want to be very clear to my col- home State of Rhode Island right now, when you look at the number of unin- leagues and to the American people the unemployment rate has reached sured and when you aggregate it, well that reducing costs and expanding 12.1 percent. This is on my mind every over 47 million Americans are without health coverage to all Americans single day when I come to work, at health insurance. That is the reason we doesn’t mean reducing quality, access night when I go to sleep, the first thing are on a path that we cannot sustain, or choice. On the contrary, we can and when I wake up in the morning is this and it’s not serving anyone in terms of we must use the money already in the on my mind, and how do we fix that delivering good health care and good system more efficiently to ensure ac- and get our economy back on track. quality when we have a system that cess and to expand everyone’s choices Well, fixing health care is going to be has so many who are uninsured and of insurance coverage—of doctors and vitally important to do that because when we’re spending our dollars so in- of more effective treatments. the current status quo is just unaccept- efficiently. So I want to be here to- The most recent draft of the House able. Even more unacceptable is that night to add my voice to this clarion proposal, while far from a finished every job lost places access to even the call for health care reform. product and while far from perfect, most basic health care coverage at I want to begin, of course, by thank- does build on the strengths of our cur- even greater risk. ing my colleague from Connecticut rent system, the employer-based sys- As I conclude here tonight, let me (Mr. MURPHY) for organizing this Spe- tem, and then supplements that with a just say this: That in a Nation that has cial Order to discuss health care re- health insurance exchange. What does led the world in health care innova- form. I thank Mr. RYAN for his con- that mean? tion, every citizen should have access tributions to this effort tonight, and I Well, it means that Americans who to affordable high-quality care. I be- thank the other speakers who have are happy with their current health lieve this to be true not only for moral spoken or who will speak later. care coverage can keep it, but those reasons but because this is what will Let me say that I believe that we who don’t have coverage through their ensure that we remain the global lead- need to have a frank discussion, an employers will be able to shop for their er in health care innovation in the 21st honest discussion, with the American choices of private health plans just century. It also makes sure that our people about this issue. It’s an issue like Federal employees and Members of workers and our businesses will con- that directly impacts everyone in this Congress do. They will also have the tinue to be competitive in this global country—individuals, families, busi- option, of course, of choosing a public economy in which we now live.

VerDate Mar 15 2010 14:39 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00074 Fmt 0688 Sfmt 0634 E:\BR09\H15JY9.002 H15JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD 17906 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 13 July 15, 2009 I urge my constituents and Ameri- ible to people because all of the money done by a group called EBRI, which is cans from across the Nation to engage that we send to emergency rooms to essentially all of the major institu- in a real, honest, clear discussion on cover the uninsured, all of the extra tional health care companies’ research health care reform and to demand a medicine that is being practiced out arm. So even when the groups out universal health care proposal that there that doesn’t need to be practiced there that are a little bit more skep- puts the American people first. I am that we’re paying for through our tical about health care reform do a sur- just proud to be able to join this Spe- Medicare and Medicaid systems is bur- vey, they find the same thing that ev- cial Order tonight, talking about the ied in the people’s tax bills. The wages erybody else finds. So listen, I think need for health care reform. Again, I that people never got because their em- that there could be some real bipar- want to thank and commend the gen- ployers took all of the extra money tisan agreement here on cutting costs. tleman from Connecticut (Mr. MURPHY) they earned that year and sent it to But it’s one thing to stand up on the for organizing this event. I’m pleased the insurance company to pay for their House floor if you are a Republican and to be here with you, with Mr. RYAN and increased premiums. So that increase say that you want to cut costs. It’s an- with all of our colleagues who care pas- in the health care system that we’re other thing to actually be for legisla- sionately about health care reform. going to see if we don’t enact health tion that does it, that actually imple- This is our time. This is the year when care reform is visible in some places, to ments cost-cutting measures. we are going to fix health care in some people out there, and it is invis- Mr. RYAN of Ohio. That’s the money America once and for all for the Amer- ible in other places. I just see no way that we reinvest back into those cost- ican people. to get this economy back up and run- saving measures, that we reinvest back Mr. MURPHY of Connecticut. I ning unless we take on the high cost of into preventive care so that kids will thank the gentleman who has been this health care system. have dental, kids will have oral, which such a great leader on this for a very Now it’s one thing to sort of be for could be the same thing. Kids will have long time. I think he is right. This is cutting costs in our health care sys- hearing checkups. All of these things our moment. But it’s no coincidence tem. We heard a lot of people on the will be included for young kids. Vision. that it’s taken a long time to get here Republican side of the aisle talk in uni- These are all things that, as we save because there are a lot of forces that son with us about cutting cost. It’s an- this money and steer it back into the are aligned against health care reform other thing to be for things that cut front end of this program, we are going happening here. For whatever reason, cost. I want to talk for just one second to have healthier citizens. for a long time they had control of the about the element of the Democratic Now I was reading an article last levers of power down here. The folks plan that saves our health care system night that hit me about energy, and it that have been doing very well off the about $100 billion over the next 10 also makes a good point about health status quo have stopped health care re- years and is giving small employers care. We are in a direct competition, form from happening here for a long and individuals the option, if they Mr. Speaker, with China. I don’t think time. There are a few individuals out want to, to buy into a government anybody will deny that. I think we all there who are running some of the big health care plan—you know, not unlike know that we are in a direct competi- health care companies, who are down the one that you and I have access to tion with Asia and with China. In on Wall Street, who have made their or the Medicare plan that lots of other China they lose 400,000 people a year, fortunes off this health care system. folks have access to. All we’re saying is who die because of the air pollution in But what’s happened is they’ve priced that people and businesses should have China. So the point on the energy bill their products, whether it be a drug or the choice to go out there and buy a is, they are clearly not doing enough. a medical device or an insurance plan, not-for-profit government-sponsored At some point those people are going to such an expensive degree that people health care plan. If they think that to say, We want clean air. And once we can’t afford to get it; and so the cost of their private insurance is better, then jump ahead in the energy field and their fortune ends up being people’s stay there. But if they think that start making these products and ex- lives, people’s health. So it is no coin- maybe they’ll do better on a govern- porting them to China, we now have cidence that it’s taken us this long to ment plan which costs less because it created a massive export market. But get here. There are powerful interests doesn’t have to pay the big CEOs’ sala- the philosophy is different because we that are aligned against getting health ries, it doesn’t have to return big re- are saying that our values, our prior- care to people that don’t have it. turns to shareholders, if they think ities here are about putting the money Mr. RYAN of Ohio. If the gentleman they’d be better off there, let them go on the front end, making sure would yield, one of the reasons is the there. And our nonpartisan budget of- everybody’s covered. This chart here, projection for costs. If we do nothing, fice has told us that that’s going to the difference in the $6,000 that we this plan here, if we implement or just save the health care system about $100 spend per citizen and the $3,000 and let the Republican health care plan billion a year. The Commonwealth some change that Canada, France and continue, that means an $1,800 increase Fund, a nonpartisan research group, es- Germany spend and have a higher life next year and down the pike. So the timates that an individual might be expectancy is because they cover ev- reason Mr. LANGEVIN thinks about this able to save $1,100 a year by choosing eryone. They allow people to get pre- before he goes to bed and when he gets that government-sponsored health care ventive care so they’re healthier, so up is because we know the cost of inac- option. Now it’s up to them whether that they can go to work, so that they tion. We don’t have to explain to peo- they want to do that. But we are hear- don’t miss weeks at a time of work. ple in the heartland what the cost of ing from both our budget experts here They get the prescription, and they can inaction is. It’s an increase of $1,800. and our budget experts outside of this go back to work. It’s more people being knocked off the building that there are real cost sav- I mean, we heard a lot over the last rolls, more people calling our offices ings. That’s why when we’re looking at decade or two about family values. saying, Hey, can you help us? I just got surveys on this issue of whether or not What is a deeper value than the health denied coverage. It says in my policy I the public wants to have the option to of your kids and the health of our fami- got covered, but now I’m not getting buy into a public health care plan, lies? There is not one. Because if you covered. All of this happens, and it is a every single survey they have done don’t have health, you don’t even have cost to all of us. So I think the reason shows that 65, 83 percent, 76, 72 percent happiness. There are very few we have to act now and why it’s so im- want that option. In fact, on this chart unhealthy happy people. When you are portant is because the cost of inaction the most remarkable thing is that the unhealthy, you are unhappy. So this is is an $1,800 a year increase. highest survey here, the survey that fundamental to the values that we Mr. MURPHY of Connecticut. That is shows 83 percent of people wanting the have as a country. It will unleash a absolutely right. As I was saying ear- option to buy into a government-spon- level of productivity in this country. lier, some of that cost is sort of invis- sored health plan, that survey was All of the anxiety that people have will

VerDate Mar 15 2010 14:39 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00075 Fmt 0688 Sfmt 0634 E:\BR09\H15JY9.002 H15JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD July 15, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 13 17907 be channeled and unleashed into more families that have to go into bank- and those kinds of things that I think positive endeavors and at the same ruptcy do so because they had an unex- are very, very important to what we time begin to move us in a direction pected medical cost, a cancer or a ter- are trying to achieve here. where we are not going to bankrupt the minal disease that bankrupted their It is sending a signal, and I think country. We are going to make the family. Lives, families devastated President Obama has been sending a country healthier, more productive, through no fault of their own, just be- signal, people have got to take care of create more wealth and at the same cause they got sick and they either themselves as well. This is not just, time contain our health care costs, didn’t have insurance or they had in- okay, you can now do whatever you which will probably end up saving us a surance that wouldn’t cover the full ex- want and you’re going to be covered. lot of money in Medicare. I mean, one tent of the illness. Like Congressman MURPHY said, Mr. of the things that people forget is, all Speaker, each citizen will have skin in b 2015 of these people who don’t have health the game, and their health care deci- care that are older, that think, I’m The dirty little secret out there is sions at some level will affect what going to wait until I get on Medicare; that a lot of insurance plans, you may they pay. But what we are saying is, we and then once they get on Medicare, not know this because it is in the fine will be helpful, you will contribute, the problem is exacerbated. The cancer print, have a lifetime limit on the there will be shared responsibility has spread, and a variety of other prob- amount of money they will spend on here, and at the time you have to do lems ensue. So this is an opportunity you. So you’re okay until you get real- what you need to do to take care of for us to say that as we try to compete ly, really sick. But for that 1 or 2 per- yourself. in a global marketplace, we have the cent of people that are spending mil- And we all have that responsibility opportunity to enhance the intellect, lions of dollars on their care over their now as we have the demographic train the productivity and the health of our lifetime, your insurance runs out even coming down the pike with baby citizens. if you think that you have it boomers going into Medicare, going Mr. MURPHY of Connecticut. You So this is about individual people into Social Security and all of these know, there are a lot of really great whose lives are shattered, shattered by issues. We have got to be a lean, mean, companies out there who have figured having expenses that they can’t con- productive economic force in the world this out. I think of a company in my trol. That is what this health care re- so that we can drive our economy and State, Pitney Bowes, who has been a form is about as well, Mr. RYAN. help pay for a lot of this debt that has leader in health care reform because Mr. RYAN of Ohio. And when you been accumulated over the course of they’ve figured out over time how look at the company you were men- the last 8 to 10 years and move us for- much money they were losing to sick tioning, no co-pays on prevention, no ward. workers, how much productivity they rate increases for preexisting condi- But, again, we know the cost of doing were losing because they had a health tion, there will be a big sigh of relief in nothing. We know exactly what will care plan that somebody else was ad- this country when this is passed. An happen. Health care bills will go up an- ministering out there that had a finan- annual cap on out-of-pocket expenses, other $1,800 on average next year and cial incentive to deny care. So they de- and we are saying to people in Amer- as far as the eye can see. Again, this is cided that they were going to take on ica, in 2013 or whatever the date is that not a plan. This is our friends on the their health care plan themselves, that this gets implemented, you will not go other side; this is their Republican health care plan, a bunch of lines going they were going to put health care bankrupt because of a health care con- to a bunch question marks and back clinics in their facilities, that they dition that you may have or a member again and maybe, you know, at some were going to put health care close to of your family may have. It is said and point, maybe off the chart somewhere their employees, that they were going done. That is what this bill is about. there is a solution there. It hasn’t to give rewards to employees that Mr. MURPHY of Connecticut. Mr. worked. RYAN, it is not that we are not going to worked out, that invested themselves They had an opportunity here when ask people to contribute to the cost of in keeping themselves healthy. There they controlled the House, the Senate, health care. We are talking about caps are companies out there that have fig- and the White House to implement on the amount of money that you’re ured out really great models to provide whatever it is they come up with. going to contribute. But we are still better health care, more immediate on- Maybe they have a couple of these site care for their employees; and they going to expect people to step up to the squares they can fill in. But whatever have benefited not just because they plate and pay for part of health care, to it is they came up with, they had a feel good about keeping their employ- have a little bit of exposure and chance to implement it. And now it is ees healthy but because their bottom scratch in the game themselves. And Johnny-come-lately, and we are going line has been strengthened by the fact that is important. It is important to to get this done. And I think the Presi- that their employees are healthier, have shared responsibility. dent is committed to this; we are com- showing up for work more often and Nobody is talking about the govern- mitted to this. ready to produce and ready to compete. ment coming in here and either taking Every time I go home, I meet thou- You mentioned the fact that this over our health care system in general sands of Delphi employees who have health care system is going to bank- or paying for everybody’s health care been left behind in the GM bankruptcy, rupt this economy. Right now we’re or even asking insurance companies to both salaried and union, and steel spending 17 percent of our GDP on pay for 100 percent of health care. We workers who have lost their jobs and health care, and economists are telling want individuals to have some scratch had their pensions cut in half, those in us that in the not so distant future $1 in the game. We just don’t want it to the PBGC, lose their health care. This out of every $3 that we’re spending in end their lives. is what this is about. Those are the this country is going to be on health Mr. RYAN of Ohio. Exactly, and flip people that will benefit from this, Mr. care. That is just unsustainable. But on their families and send them out of MURPHY. a much more local level, these are per- their homes and the whole ripple effect I want to thank you as we wind down sonal bankruptcies too. We think of that happens. And there is another here for the opportunity to do this. We bankruptcy in this country as, you point to this that is in here but it is will be here tomorrow and possibly Fri- know, being somebody that went out not in here. As we talk about preven- day and next week, day in and day out, there and bought too many snake oil tion, and there’s great sections in here because it is that important for us to securities or made a real bad bet in a about community health clinics and pass this. I really believe that the real estate investment and then all of a different preventative measures that health and welfare of our country de- sudden they’ve gone belly-up. No, Mr. are going on and that we are going to pend on it. And I think that the energy RYAN. You know this. Half of the bank- continue to promote preventative med- bill and with this, I think this is trans- ruptcies in this country, half of the icine and public health training grants formational for us and I think a great

VerDate Mar 15 2010 14:39 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00076 Fmt 0688 Sfmt 0634 E:\BR09\H15JY9.002 H15JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD 17908 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 13 July 15, 2009 opportunity for places like northeast look at the differences between the One, if we listen to the gentlemen Ohio. proposals that we have and what it is that made their presentations here And I yield back to my friend. that they are poised to vote for, here is within the last hour, they would tell Mr. MURPHY of Connecticut. I what will happen. You will hear all you they are going to squeeze the prof- thank you for joining us here. We will kinds of platitudes about how we can’t it out, that there are people that are be down here talking about this be- stimulate the economy and grow our actually making money by providing cause it is so important to get health way out of this situation that we are in us the very best health care in the care for America. As you said, our unless magically the solution that ar- world, and we surely couldn’t have friends on the other side of the aisle rives is ‘‘let’s go to socialized medicine that. We couldn’t have people that are had 8 years to get this done. And peo- and that is going to fix our economic making money doing this. ple may say, well, Mr. President, woes.’’ Somehow when I hear that said, I don’t know where people get incen- you’re taking on a lot really quickly. I can’t connect it, Mr. Speaker. tive. We have good hearts. We are al- But we are paying for the costs of inac- I’m listening to the dialogue that truistic people. But it is nice to have a tion. We are paying for the costs of a comes out, and with such great self- little profit so that you can justify Republican Party which for whatever confidence it flows. Let me see. I wrote going to work. Otherwise you might reason decided not to do much about it down. I was listening to Mr. MURPHY just stay home and raise the kids and the cost of our health care system. from Connecticut, and he said, let me work in the garden, go fishing, golfing, And we are going to get this done. We see, I see no way to get this economy mow the grass, whatever you do. If you are going to get this done so that no- back on track unless we fix health squeeze the profit out, people are going body loses their livelihood, nobody care. Fixing health care means nation- to quit going to work. And that is what loses their access to the apparatus of alizing health care. It means turning they suggest is going to happen. opportunity just because they get sick into socialized medicine. And what Squeeze the profit out, take it out of goes on, if we look at the flow chart and can’t afford to treat themselves. whatever might be there for the insur- here, is the Health Choices Administra- We are going to lower the cost of doing ance companies, take whatever might tion, HCA, just a moment, I will get business. We are going to lower the be in the profit for the health care pro- this back where I can read it too, Mr. burden of the cost of living for fami- viders, our doctors and our nurses and Speaker, the Health Choices Adminis- lies, and we are going to do it this our administrators and all the people tration, HCA sets up a commissioner. year. that work so well in the health care in- There is a health insurance exchange And with that I yield back. dustry—and by the way, let’s acknowl- that would presumably broker health edge the volunteers, the EMTs that are f insurance through this exchange. It’s out there on a daily and nightly basis. HEALTH CARE REFORM kind of like where you might trade on They deliver more regularly than the The SPEAKER pro tempore (Mr. the Board of Trade for a commodity like corn oil or beans or gold. And they mail does, rain or snow or sleet or hail. ELLSWORTH). Under the Speaker’s an- Nothing stops them from going out to nounced policy of January 6, 2009, the want to trade traditional health insur- ance plans that would be in there and save people’s lives and increase the gentleman from Iowa (Mr. KING) is rec- then a public health plan matched up quality of our life. ognized for 60 minutes. But into all of this mix, they propose against it. Now that is the center piece Mr. KING of Iowa. Thank you, Mr. that we upset the very, the largest and Speaker. I appreciate the privilege of of this proposal. And what it really says is that they the best health care system in the being recognized here on the floor of want to establish a government health world. To what purpose? Fix the econ- the House. And I would be happy if I insurance program that would compete omy? Mr. MURPHY would have you could borrow the poster from Mr. RYAN directly with the private health insur- think that because he says that he with all of the question marks on it, ance programs that are out there. And can’t imagine getting our economy because I have the one with the Demo- we have hundreds and hundreds of back on track unless we fix health crats’ answers on it. And I think what those insurance programs that are out care. he has done is perhaps looked at these there, and if I remember correctly, the Here it is: ‘‘I see no way to get this question marks and created, I’m not number that I have seen was 1,300 dif- economy back on track unless we fix sure who actually comes up with these ferent companies competing in health health care.’’ This is something that things, and decided that he would insurance and the health insurance was amazing to me, Mr. Speaker. I lis- produce government solutions for all business. That is a lot of competition. tened to, at the time, it was Senator the question marks that could be pro- It is not a little competition; it is a lot Obama, Candidate Obama, arguing to duced on the poster that he has deliv- of competition. the American people that they should ered here earlier in this hour. If you believe competition brings out elect him President because he is going And so I have here something that the best in us and the markets that are to fix all of these things that aren’t looks to me like the basis of it, which driven because of the competition and functioning with government and that is HillaryCare, and I believe if I go the demand that is there, then you the economy will work better if we just back to my office in Iowa and I dig have to know that there are a lot of simply nationalize our health care through my archives from my con- different models that have been tried, plan. struction company that was seeking to and there may be some good models Now, I will concede this point: this thrive during the Clinton administra- that weren’t marketed very well, and Nation spends too high of a percentage tion, I have in there the very poster there may be some bad models that of its GDP on health care. It is too high that was laminated that showed the were marketed well, and there may be if you compare it to other countries in entire flow chart of HillaryCare which some other alternatives out there. the world. But it is not too high when was presented to the American people But this I can guarantee you, Mr. you are someone who needs that care, and rejected by the American people. It Speaker, if there is a better idea in how when you have cancer in the family, has got to be, once I compared the two to insure health care in the United when you need some emergency heart to the template, for what we have here States of America, it will not come surgery. We are not a country that that is produced off of this bill. from government. Government doesn’t waits in line for health care. But the There really aren’t question marks provide solutions. The creativity is not countries that are mentioned here do with what Republicans want to. We there. And this proposal that comes wait in line. Canadians wait in line for have more ideas than we can agree from the Democrats that was just un- health care. The Europeans wait in line upon. I will concede that much. We leashed on America yesterday has for health care. Those in the United have sought to improve health care, within it a series of presumptions on Kingdom wait in line for health care. but we fought Democrats every step of how they are going to save money on One of the gentlemen, I believe it was the way. Now it is clear that when you health care. Mr. RYAN from Ohio, said that people

VerDate Mar 15 2010 14:39 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00077 Fmt 0688 Sfmt 0634 E:\BR09\H15JY9.002 H15JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD July 15, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 13 17909 delay getting health care services until and it is an issue we can certainly talk is considered by economists to be— they qualify for Medicare, then the about how to address. But when you even though it’s 50–50, and I’ve many cancer spreads and presumably it is a carve all of these things out of the sta- times sat down and done the math for- bigger problem. ‘‘The cancer spreads tistics, I’d be willing to take the stand mula making out payroll for my own because people wait until they qualify at the life expectancy of Americans employees. I would multiply .0765. for Medicare’’ was what the statement who take care of themselves similar to That’s half of the payroll tax, and that was. the ways that Canadians take care of came out of the employee’s side. And But it is a fact that if one is diag- themselves is equal to or better than then that same .0765, which adds up to nosed with cancer in the United King- that of Canadians or Europeans. 15.3 percent, employer’s half came out dom, your life expectancy is, on aver- And otherwise, what is the variable? of my side. I would look at that and I age, 18 years less than if you are diag- If they’re dying 18 years sooner from would say, that 7.65 percent out of the nosed with cancer in the United States. cancer in Europe than they do in the employer is something I’m actually Now I wonder how the gentleman United States, then would there be paying to the employee. It’s the cost of that gave the presentation the last some other illness that counterbal- hiring that employee. It’s a fixed cost hour would reconcile that, and I will ances that? Maybe it’s diabetes here in that comes with it. use that, that dirty little secret, about the United States because we may tend So regardless of whether I take it out how much better our care is for cancer to be a little heavier, and I believe we of his check or my check, it’s all patients here in the United States and do tend to have diabetes more often. money that I would be paying that em- how much longer our life expectancy is Put those factors into place, but don’t ployee if it weren’t going to the gov- than it is in a place like the United just throw a blanket number out here ernment. It is a tax on his earned Kingdom. Presumably they have a and tell us that you have to upset the wages, his or her earned wages. And so similar health care plan to those in the best health care system in the world I’ve always viewed it that way, as the European Union. And their answer will because you’ve got one data point that payroll tax being a tax on the earned be, the life expectancy of Canadians you can point to without looking un- wages of the employee and the limiting and Europeans is 1 or 2 or 3 years derneath that data point to draw a le- factor on how much I can afford to pay longer than the life expectancy of gitimate conclusion from that data. the employee. This is a typical approach. those in the United States. Let’s say you can afford to hire Let’s see. If I go on, the dirty little Well, that is typical liberal logic, Mr. someone who will return for you $30 an secret from Mr. MURPHY. There is a se- Speaker. They would look at one sta- hour, and if you pay them in total cost cret limit to what insurance will spend tistic, and if that statistic could sup- of their wages, their overtime wages, on you. You know, I don’t know that port the argument they want to make, the payroll tax, the benefits plan that that exists, and it implies that exists they don’t look underneath that to ask you have, whether it be health insur- in every health insurance policy in the the question, why would the life ex- ance, retirement plan, whatever else it United States. I expect it exists in pectancy of a Canadian be longer than may be, all of those costs—including some of them. I’m confident it doesn’t the life expectancy of an American by the lost time that’s in transition, the exist in all of them. But here is the 1 year, I think that data was. I didn’t lost time in production in coffee breaks real little dirty secret that is in this get to see the chart. and all of those things that have to be bill and this broad, exploded, techni- The first thing you need to do when added in, the inefficiencies are added color floor chart that’s built off of the you hear some data like that is ask in. Let’s say all of that adds up and it foundation of the former Hillary Care some other questions like why? How costs you $20 an hour to have this em- plan that came out in about 1993. could it be if one is diagnosed with can- ployee hired and you can make $30 an Part of the secret is this. They in- cer and lives to 18 years longer in the hour off of having that employee. Now, tend to tax the middle class workers in United States than if you are under the there’s a little margin there to work America and some of the working poor socialized medicine program of the with. And of course you have other fac- in America—in fact, probably all of the United Kingdom, then how can you tors involved to take that profit to working poor in America—to fund this then equate that the life expectancy of apply to, such as the overall overhead outrageously high-priced socialized someone in the United Kingdom is of the company, and the list goes on. going to be longer than that of the medicine plan. And how will that work, But let’s say it costs you $20 an hour United States because they have access Mr. Speaker? And here’s how it will to have this employee working for you to health care when that health care work. and he’s making $30 an hour, and you supposedly cures their cancer, but they There will be a surcharge, according can make that work and have a little are dying 18 years sooner? to this bill, that will be imposed upon the payroll of employees. Now, the em- margin for profit and apply some of b 2030 ployer is asked to pay the tax, 8 per- that overall margin to your overhead, Could it be, Mr. Speaker, that there cent that would be put upon the pay- your own administrative costs, and are other factors involved that reduce roll. It would be calculated off of the along comes the government and says, the life expectancy here in the United wages of the employer’s workers in Well, I’m going to tax you $10 an hour States? How many of us die violently order to fund the health insurance plan for this employee. in accidents, for example, compared to for those employees if the employer Now they’ve taken entirely all of the those in Canada? How many of us die of doesn’t provide the health insurance cushion that was there and the nec- addictions like abusing illegal drugs or for them. essary profit that you have to have to from alcoholism? What are the ratios Now, to make it simple, they want to fund other parts of the company from of that? How many die of suicide? I tax the employer who doesn’t provide that and the profit that you have to wouldn’t think that is a situation health insurance for the employees. have to build enough capital so you can that’s going to be solved by a socialized Now, that may sound good to people offer somebody else a job, and govern- medicine program, except I’m just will- who don’t have health insurance. It ment takes it all away. Now, what’s an ing to bet there’s something in the may sound good to someone who a lit- employer to do? I will tell you exactly. flowchart here to expand the mental tle begrudges their boss and maybe the He has to lay off the employees that health that I might have overlooked in lack of generosity on the part of their cost him more money than they are this nasty-looking, modern-day, tech- boss, but here’s what happens. And I making. You can’t sustain yourself nicolor, expanded and exploded version will just draw this comparison so we that way. You can bridge these gaps of the former Hillary Care. can think of it in relative terms. over time and things go up and down, It is here somewhere, I’m confident, The Social Security that we pay, the but over time, this will all be reduced how they would address the mental payroll tax that we pay, all of us on down to can you afford to have the em- health situation. And that is an issue, our payroll, up to whatever the cap is, ployee or can’t you.

VerDate Mar 15 2010 14:39 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00078 Fmt 0688 Sfmt 0634 E:\BR09\H15JY9.002 H15JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD 17910 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 13 July 15, 2009 And one of the ways that you adjust fluential in the 1920s and 1930s and less cent are those who are self-employed, that affordability is if the Federal Gov- so in the 1940s, although America was that run businesses, that have found a ernment adds $10 on to the cost of distracted from economics during that way within their business to go out keeping the employee. You have to period of time. But Keynes said that he into the marketplace and buy some look at that in terms of, then, if that could solve all of the unemployment in health insurance that provides them eats up all that you have to work with, America. All we needed to do was go perhaps a little better care than they then you have to look at lowering the find an abandoned coal mine and go out get out of the government plan. employee’s wages, or more often it hap- there and drill a lot of holes down in So that’s what we can expect to hap- pens, you simply don’t offer the raises that abandoned coal mine and fill those pen with the insurance companies here at the same time you might have oth- holes full of American cash, green- in the United States should the Demo- erwise. This comes off the backs of the backs, the dollar, drop cash down into crats in this Congress, in the House and worker. those holes, fill them up again, and in the Senate, and in the White House Democrats want to tax the working then fill the old coal mine up full of get their way, Mr. Speaker. We will see poor and the working middle class and garbage—this is his story—and turn these proud, important, independent the middle and upper class Americans the entrepreneurs of America loose to health insurance underwriters, their to pay for a health care plan that I be- go dig up of the money. It would create companies, these people that are doing lieve is completely misguided, that all these jobs in digging through the this business, this service on Main doesn’t fix what it’s designed to fix and garbage, digging down through the Street in many small towns in America surely will not fix this economy. holes, finding the money, keep every- and across this country, we will see We have to know that their approach body busy, and the entrepreneurs them shrink down, drop off one by one, to the economy is so far off that more would find that money eventually—and companies dropping off one by one. of the same is not going to solve the probably all of it somehow—and it Some will go in one fell swoop. But problem. These are a bunch of Keynes- would keep everybody busy and they they’re looking at almost the death ian economists here that are in charge would all have a job and they would all knell of their industry if this socialized of the country today in the White have money. medicine plan gets passed by this Con- House, in the House of Representatives, And I know that it was a facetious gress. and in the Senate, and they believe, model. I know that he drew that de- And yes, they will try to find a little like FDR believed, that if you could scription as, let’s just say, a facetious niche in the market, but it isn’t going just borrow enough money and pour it model that would illustrate how ridicu- to happen in the end. Some will find into this economy and replace jobs in lous it can be. I think he began to real- their way, but they will be narrowed the private sector with government ize this later on in his career how ridic- down like they were narrowed down in jobs in the public sector, that somehow ulous it can be to put government in to Germany. you could stimulate this economy and make work and to put government into And we won’t have the people that get the engine or this economic engine the business of intervening between the are answering the phone at 7 o’clock at running again. private sector. That’s what’s going on night going over to someone’s house to Mr. Speaker, I can find no empirical here in America. sit down and talk through their health data out there that consistently sup- But the dirty little secret, to use the insurance plan with them, helping to ports the idea that we can borrow phrase used by Mr. MURPHY from Con- nurture them and helping inform them money from our children’s and grand- necticut, is not that there is a limit on as to the situation. It will be a govern- children’s future, and actually borrow what an insurance company will pro- ment bureaucrat that punches the it directly from the Chinese and the vide and that they will shut off their clock, and there will be a lineup out- Saudis, while we’re at it, and dump health care. What the dirty secret is, side the door. We know how this works that money into this economy and Democrats have committed to taxing in government agencies. There will be stimulate the economy so that it the working people in America to fund a lineup outside the door. grows. their trillion-and-a-half or more health And that bureaucrat will take the ap- Back to the 1930s, I thought—and I insurance plan that is designed to pointments at the appointed time, usu- believe there’s been a definitive experi- crowd out the private sector insurance ally. And when it’s time for the coffee ment that’s taken place with Keynes- companies in America, the hundreds break in the middle of the conference, ian economics, this borrow money and and hundreds of them that are pro- they will get up and go off into the dump it in in government jobs and viding such a good job and such a high- break room. They will have their little grow government to compensate for a ly professional service. And it comes coffee break and it will last all of 15 shrinking that has taken place in the down to the health insurance exchange minutes, and when it’s time for the private sector. and those qualified health benefits lunch hour at noon, the ‘‘closed’’ sign And if we go back to Henry Morgen- plans that exist today competing goes on, the bureaucrat walks out the thau, who was the Treasurer for FDR against a proposed and newly created door and goes off down to the bistro or back in the 1930s, he objected and he public health plan that would crowd wherever to have lunch with his other said, What have we to show for this? out our private health insurance here bureaucrats. He or she shows back up We borrowed money. We spent money in America as we know it. again at 1 minute to 1 o’clock and like nobody has spent it before, and we We have a model we can look at to opens up the door again and starts haven’t created any jobs. We have learn from this. Otto von Bismarck es- through this process. nothing to show for all of the money tablished a national health care plan in that we have spent. And he was the be- Germany before the turn of—into the b 2045 liever, he was the mouthpiece for 20th century. My guess is 1898, but I And the American people will not be FDR’s Keynesian approach to the New suspect it was actually before that. I able to compete. They will not be able Deal. The New Deal that I was taught know that it’s the oldest national to go someplace where they’re treated was a good deal when I went to health care plan in the world. And then like a real human being customer. school—and, of course, I went back and it didn’t cost very much because medi- They will be treated by a government actually studied the data and came to cine hadn’t developed very far. But bureaucrat. an informed conclusion rather than they do have private health insurance Don’t we have 300 million Americans just simply a cursory statement that in Germany, but what it is, it’s 10 per- who have experience with bureaucrats? reinforced FDR’s New Deal program. cent of the market. And the national Don’t we know what that does to the The father of this, of course, was plan, the required plan has crowded out attitude? Bureaucrats have an atti- John Maynard Keynes, the father of all of the private health insurance in tude. It’s the nature of it all. It’s be- Keynesian economics. And he— Germany except for about 10 percent. cause they have a monopoly. People throughout those years, he was very in- And the people that have that 10 per- that have a monopoly have an attitude,

VerDate Mar 15 2010 14:39 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00079 Fmt 0688 Sfmt 0634 E:\BR09\H15JY9.002 H15JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD July 15, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 13 17911 and whether they’re in the private sec- want to kill the private sector because Someone whose health care is ra- tor or whether they’re in the public they don’t believe in it. They believe tioned by formulas that are created by sector, if it cashes out the same for that government provides better than bureaucrats, the bureaucrats that will being nice as opposed to being not so individual competition, free markets close their door at the appointed time, nice, to being the same for providing and people provide, and that’s the could be the health choices administra- happy, friendly service, compared to great divide in our two approaches tion commissioner; could be coming providing that grumpy, reluctant serv- here, not a chart with question marks from the bureau of health information; ice, we know the result. People like on it. Those must be things that were it could be the ‘‘national priorities for that often gravitate towards the gov- confusing to Mr. RYAN, the chart with performance improvements’’. ernment. all of these new bureaucracies on them. When I see national priorities, we We’ll create this great big massive And I would say, Mr. Speaker, that know that some of the national prior- technicolor flowchart of interrelated it’s a chilling thought to think that ities will be they want to spend less government agencies. And by the way, my children and my grandchildren and money on certain types of care. That the ones in color are the new ones. The their children and every generation be- will mean that people will die because ones in white are existing. Medicaid, yond them might be receiving their they weren’t a high enough national SCHIP, Medicare, they’re existing. Go health care standing in line in front of priority. They’ve already got it here in on down the line, through the private a government agent who hangs the the bureaucracy. National priorities insurers, they’re existing. Traditional closed sign the minute the clock ticks for performance improvements, it says. health insurance plans, they’re exist- past the appointed hour, regardless of Well, here’s how they want to improve ing, but they get shoved into the quali- how long the line is. their performance, and by the way, I fied health benefits plan, but they have We’re a people that will be condi- endorse some of these things as being to write a plan that actually qualifies, tioned to a lot of things, but standing good ideas. I just don’t think that gov- too, which takes some of these people in line is not one of the things that ernment can run it and make it work. out. Americans do well. We have to do that They want to expand the information These are existing government. Here when we get on an airplane now to go technology in their health care. I agree are the departments: Treasury, Health through the security at TSA. And I with that. I think we ought to have and Human Services, Veterans Admin- look at that and I watch that, the secu- interconnected health—the health istration, Defense Department, Labor rity line, and sometimes I wonder how records so that if someone gets sick Department, here’s Congress, the do they ever get Americans to stand in from my district who happens to be in President. Institute of Medicine exists. line like that. We don’t do that. We’ll Speaker PELOSI’s district in San Fran- There’s the National Health Service stand in line to get into a ball game. cisco, they can put their health care Corp., they’re there. States, all these We will stand in line to get into a con- card into an Internet-connected secu- programs. cert. We’ll stand in line to vote. And And the ones in white are existing. rity database and find out what pre- now we will stand in line to get on an The ones in color are created new. All scription drugs a person might be on, of those that are in color, that’s thou- airplane. And if this broad exploded find out what they’ve been treated for sands and thousands and thousands, Technicolor Hillarycare expanded plan and be able to save lives accordingly Mr. Speaker, of new bureaucrats, new gets passed by this Congress, you know and provide efficiencies accordingly. bureaucrats who will be handed this it will be signed by the President. He And I think it could reduce the num- monopoly, and they will be in the busi- wants a bill to sign, and I don’t think bers of those people that are going ness of not only taking customers in it matters what’s in it. Americans will around and shopping for prescriptions and writing their insurance plans in be standing in line for their health if we had a central database. And I be- the pace that they see fit, because care, not just in the offices to get lieve that is being developed within the they’re government after all—what signed up to be part of the public health care industry and not fast government office stays open after 5 health plan but lined up in emergency enough to suit any of us, I don’t think, o’clock on any working day? What gov- rooms, clinics, hospitals, all across this including the people that are devel- ernment office would ever think of country or in a queue that doesn’t oping it. coming in on a national holiday? What show up so much, not one that you can But info tech is a good thing, and it government office would take a look at see that’s clearly tangible until you can be used in a lot of good ways, and how they’re going to retool their serv- look at the long lists that will be there you don’t have to have socialized medi- ice so they could compete with higher because it’s an inevitable result that cine to have information technology. competition, so they could expand be- socialized medicine produces rationing Second item that they would save cause they could compete better? They of care. It’s been a fact wherever it’s money with would be comparative re- won’t do that because they’re handed a been tried. It’s a fact today wherever it search. Good, we’re doing a lot of com- monopoly, and if they can’t compete, exists, and it will become a fact in the parative research. They’re earmarking then they will be subsidized more by United States of America should this comparative research. We’re ear- the taxpayers in America. program that was unleashed on us yes- marking comparative research al- And we will be trained as a people to terday be made law. though you don’t see it much because line up outside the door, patiently wait Here’s another place where they this place has been—this floor, there’s our time, take what we can get, not be think they’re going to save. They’re not really legitimate debate on this able to shop around because these going to save money by rationing care, floor because this House has been shut qualified health benefits plans that getting you in a long line. Places like down by the Speaker and the Rules come from our traditional health in- Canada, United Kingdom and Europe, Committee. I have to inject that in. surance providers will be squeezed out. people die when they’re in line. There Special Order and 1 minutes is about And by the way, that squeeze-out that are plenty of examples of that. the only place where you’ve got an op- will come will not be an accident; I listened to the gentlelady talk portunity to have these kind of discus- that’s the result of people who really about some anomalies that justified to sions, Mr. Speaker. didn’t think through what they were her socialized medicine. Well, they Comparative research is good. The doing to the American people. It will would describe those who die in line in other countries can do a little more re- be the willful, premeditated result of Canada or the United Kingdom or Eu- search and that would be great. But the people who happen to have the gav- rope as being just simply anomalies, what happens is we do the research in els in this Congress now and the power that somehow the system let them fall this country. All of the progress—I put in the White House now who believe in through the cracks. The families that it this way—much of the progress that socialized medicine. lose their members don’t think that it has been produced by the pharma- They want to adopt a policy that’s a is just the system that fell through the ceutical companies and the innova- socialized medicine policy, and they cracks. It’s a real life, a real loved one. tions that have come on to the health

VerDate Mar 15 2010 14:39 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00080 Fmt 0688 Sfmt 0634 E:\BR09\H15JY9.002 H15JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD 17912 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 13 July 15, 2009 care markets within the last genera- I went over and visited Russia earlier system, and the individuals who are re- tion have dramatically transformed this year, and as I traveled around ceiving the health care don’t have the way we provide health care in this Moscow, Mr. Speaker, I saw something enough vested interest in, not enough country. The research and the develop- there that was kind of a phenomenon skin in the game, to be able to use ment is predominantly paid for by that exists in Russia that I’m afraid their incentives that should be there to American users of pharmaceuticals, might exist in the United States if do a better job of evaluating the costs. and the beneficiaries of that research they pass this socialized medicine. And So what should we do? And I will pro- are the people in the countries like that is, that if you watch the Russians vide some answers here, Mr. Speaker, Canada, United Kingdom and Europe walk around Moscow—I didn’t go much on what we should do for health care. where they do negotiate for a cheaper beyond Moscow—so they walk around First and foremost, take a look at rate and where here in the United out there with their shoulders our health savings accounts. We did States we’re paying too much of that. hunched, looking down at the sidewalk. that. We put that in place as Repub- We can fix that without socialized med- And I see people on the streets of licans, as a Republican majority in the icine, and I’d like to see them pay a Washington, D.C., do that all the time, House and in the Senate, and it was greater share of the costs of the re- but they’re looking out for all the signed by President Bush. And who search and development that goes into cracks and bumps and holes that we comes out against health savings ac- making these wonder drugs that we have. It’s a matter of survival here. counts today? Well, they don’t comport have today that do extend people’s Where I come from we look people in very well with socialized medicine, Mr. lives. the eye when we walk down the side- Speaker. So that’s something that’s And I would add that those people in walk. We bid them good day, good probably going to go. those countries that have a longer life morning, good afternoon, nice to see b 2100 expectancy are probably using Amer- you. We’re friends and neighbors work- ican research and development phar- ing together. Probably not going to be in this flow maceuticals. They might be made in a And it doesn’t happen in that coun- chart here that—I don’t see the health foreign country, but a lot of them are try. They look down and their shoul- savings account. Now I’ve not read the produced by the R&D here in the ders are hunched, and they wander whole bill, and I don’t know that I’m United States, and they’re the bene- around, and if you sit and watch them, going to put myself through that. ficiaries of it as well. they will wander around. You can fol- But we passed health savings ac- Third thing they would do to save low one of those fur coats and a hat, counts. And it stands today this way: if money on health care is more preven- and it will lead you to a line, and they you are a young couple at age 20—I do tion and wellness. Mr. Speaker, you go get in line. They stand there. And this because round numbers, I can fig- don’t need to socialize the health care then the line moves slowly. And I stood ure—at age 20, and you put in the $5,150 system in United States of America in in line for nearly 2 hours, even as a for a couple into a health savings ac- order to have more prevention and Member of Congress, to walk into their count, tax-free, first year. And then wellness. That’s something that is that groove being indexed to inflation emerging. It’s emerging in our culture. legislature, the Duma, and they knew we were coming. And I see the other grows each year since then. And we’re It’s emerging with some of the health in about year 6, I think we are. Maybe insurance providers we have in this Russians standing in line a lot longer than I was. It looks to me like they go year 5. country who are packaging up pro- You put that money, the maximum posals in different ways to provide in- find a line and stand in it, and then they get to the front of the line and amount in the health savings account centives for the insured to live a every year and spend $2,000 out for rea- healthier lifestyle, to get regular find out why they’re there, do whatever it is, buy their toothpaste or whatever, sonable health care costs and grow this checkups, to go across the scales and account at around 4 percent, and when watch their weight and, let’s say, avoid and then go find another line and stand in it. I did the math on this, that made some of the vices that shorten our life sense. Today, it doesn’t quite make expectancy, and letting that be re- It looks like the Russians, to me, are conditioned to go to from line to line, sense. It will again. flected in the premiums that are being Grow that at about 4 percent. If that paid. standing in line. It reminds me of that couple would work and put the max- But I can guarantee you, Mr. Speak- story of where you see someone will go imum into their health savings ac- er, that this public health plan of the out in the street—it’s a comedy routine health insurance exchange is not going from back in I think the 1950s or 1960s— count every year from age 20 to age 65, to have those incentive nuances in and stand on the street in New York they arrive at Medicare eligibility with there. It’s the private sector that’s City and look up into the sky and just about $950,000 in their health savings going to produce those things, and we stare into the sky. And someone else account. Now that’s a pretty good deal. need to encourage them to do that. would come along and look, and some- But I can tell you what the Demo- So they have borrowed some ideas one else would come along and look. crats in this Congress want to do with from the private sector, but the idea And after a while, there’s a whole that if they get their hands on that that they’ve borrowed that is the cen- crowd of people looking up into the money. They want to tax the $950,000 in terpiece of this is the idea of expanding sky, and the original person that was the health savings account. They’ll tax Medicare to reaching across the gen- looking at nothing, steps back, smiles. it then, before you can take it out, be- erations and reflecting the model of so- Well, he’s drawn a crowd by doing that. cause you won’t really need much of it, cialized medicine that exists in Can- Just standing in line in Russia draws if any of it, anymore. Or, they will ada, the United Kingdom, Europe. We a line behind you. It doesn’t really—I take it out of you in inheritance tax could keep going further east I think, mean, without regard to what’s in when you die. Mr. Speaker, and might end up with front of that—and I know they have to You are not going to be able to avoid something that’s a little closer to what talk to each other and figure out if Democrats increasing taxes on you. they’re talking about. they’re wasting their time. Human na- And that’s one of those dirty little se- So we’re a country that has thrived ture is human nature. crets, is your health savings account on free enterprise. We need to continue We’re going to create line standers in will be taxed, by the ideas of Demo- to thrive on free enterprise, and the America, people who capitulate to the crats, either when you die or when you idea of socialized medicine is an idea system, submit themselves to the sys- try to take the money out when you re- that’s abhorrent to Americans. The tem. And I will argue that the health tire. idea of standing in line waiting for a care system we have in the United Here’s what I propose: let’s increase bureaucrat to approve your health in- States, some of the problems we have that amount. Let’s increase that surance premium is also abhorrent to is because we have too much govern- amount to the point where that couple Americans. ment and we submit too much to the can arrive at age 65 with enough money

VerDate Mar 15 2010 14:39 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00081 Fmt 0688 Sfmt 0634 E:\BR09\H15JY9.002 H15JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD July 15, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 13 17913 to buy paid-up Medicare replacement Obama signs such a bill, and probably to preserve that. So will a lot of com- insurance policies, policies that they the first hour, day, month, maybe even panies. But I think this is about some- own. Or maybe a transition policy that a year. But maybe not. Maybe not. Be- thing that puts pressure on some of they have owned throughout their cause most of the health insurance in their competition that doesn’t provide working lives that’s theirs, that is this company is provided through peo- as much health insurance for their em- transportable, that can go with them, a ple’s jobs through their employer who ployees as Walmart does for theirs. policy that they own, and let them brokers it. And there are long, deep Less responsible employers, some transition into a lifetime health insur- reasons for that that I won’t go into to- might call that. ance plan and be able to use their night. But there still remain a lot of unin- health savings account to purchase But the President can’t say you get sured in that group. Some are on Med- that full up. to keep your health insurance plan be- icaid. That’s true for a lot of compa- That’s one thing we should be able to cause he doesn’t make that call. If the nies that are more entry-level wages. do to give people back some freedom. government model, this public health I don’t take so much issue with that. And I can tell you what it costs today plan here, if that model is financially I just point out that the idea is this: if you wanted to buy a Medicare re- advantageous for the employer, if the the employees of Walmart won’t get to placement policy at age 65. The liabil- policies that the employer are paying decide that they get to keep the pri- ity—the present value of that liability for cost the company more than the vate plan that they have today, the of Medicare replacement at age 65 is policy that’s offered by the public in- traditional health insurance plan in around $72,000 this year. That’s about surance plan, an employer will almost this white box that will transition into where we are. always then drop the private-payer a qualified health benefit plan, most So it gives you an idea if that $950,000 health insurance plans, these that are likely, if it does qualify, unless a bu- were in a 65-year-old couple’s health in this circle, which would become the reaucrat says it doesn’t. They’ll write savings account today, they could qualified health benefits plans, drop some new rules for that. Those employ- write a check for $144,000 and buy a them and adopt the public health plan. ees won’t make that decision. Walmart paid-up Medicare policy and take the Now how is President Obama going will make that decision. difference—let’s just call that $800,000— to tell some company they can’t do So when the President says, If you and I would want them to have that that? And if you don’t quite follow this like the plan you have, don’t worry, tax-free and go off and retire, travel yet, Mr. Speaker, I will put it this way. you get to keep it, in truth, you should the world, will it to their children, buy Walmart announced last weekend worry. JOHN SHADEGG is right: if you that they are supporting an employer- like your plan, get ready to lose it, be- a new convertible, whatever they want mandated health insurance plan. They cause you will lose it. The public plan to do, and give them their freedom be- announced that policy over the week- will crowd out the private plan and ev- cause they’ve earned it by being re- end and I thought, Why would Walmart erybody will fall under the same cat- sponsible. do that? egory, and we will have health care But the problem that we have is the I have the press release here. Let’s that is rationed in America. We will Democrat plan takes away the respon- see. I’m going to say this. They would have lines, and we will have bureau- sibility of the insured, of the individ- do that because it looks like it would crats with their nose in the air making uals in this country, and puts it on help their bottom line. Here’s what life and death decisions on the health somebody else. It puts it on the em- they said. The company says it sup- care that will be provided to the Amer- ployer that says regardless whether ports the employer mandate because ican people. It is inevitable. It’s re- your employee wants to sit down and all businesses should share the burden sulted in that every time that it’s been market his way through a health insur- of fixing the health care system. Well, found. ance plan—his or her—regardless of I don’t know what the basis is for that Now, I draw another comparison. The that, if they don’t have health insur- statement except that there must be Canadians are forbidden by law to jump ance provided by you, then we’re going some advantage to this. ahead in the line. Now if they didn’t to tax you 8 percent on that payroll. So are we to believe that a huge com- have a line, you wouldn’t have to have And I said earlier that comes out of the pany, a company that I applaud for the a law that forbids you from jumping worker. That’s wages he is not going to business model that they’ve creatively ahead in the line and accessing health get. The employer has to crank it out put together, but are we to believe that care. of the worker because he is paying all a huge company like Walmart that is So when you need a hip replace- the market can stand on the wages everywhere would propose and sup- ment—and I have seen the data on this. that are there. So, we tax small busi- port—an employer-mandated health I actually have to guess, but I believe ness, we’re going to tax workers. care system is the language that they what I saw for a hip replacement num- There was the issue raised of pre- used—would Walmart support that and ber was 171 days of waiting. Something existing conditions. We can do some then not adopt the public health plan, in that category is pretty close, any- things with preexisting conditions because they already have the tradi- way. I don’t know how long you wait in without adopting socialized medicine. tional self-insurance plans provided to the United States. Not at all, if you’re But here’s a point that was made by 52 percent of their employees? Would in a hurry. Somebody will get you in. the gentleman from Arizona yesterday, they then move into a qualified health They’ll find a way to schedule it. We JOHN SHADEGG, who is a leader on this benefit plan for all of their employees have that kind of service here in this health care policy that we have. He because of the mandate that they have country. said, If you like your health insurance, endorsed, or would they opt into the I talked to an individual in my dis- and over 70 percent of Americans like public health plan option? trict a year and a half or so ago who the health insurance that they have, if Would Walmart still support the had immigrated to the United States you like it, then get ready to lose it, President’s proposal, which is basically from Germany. And he had had hip sur- because you will lose it under this what has been presented here in this gery over there under their socialized Democrat plan. Congress? Would they still support it if medicine plan, a German; but he didn’t In this flow chart is the trap that you they had to guarantee they were going get his surgery in Germany. He had to will be sucked in from here, over here to keep the qualified benefits plan? go to Italy to get his hip surgery. to the public health care plan. And Would they still support it if there was The European Union has queues— when President Obama says, If you like in the bill that they couldn’t drop the longer lines in some places, shorter your health insurance, if you like the private provider and could not opt into lines in another place is—certain times plan that you have, don’t worry, you the public plan, into the government that you get into a line and move clos- get to keep it. plan, into the socialized medicine plan? er to the front of the line. I suppose Well, Mr. Speaker, you get to keep it I think not. I think they want the you try to get yourself in as many for the first minute that President best option of the two. They will fight lines as you can.

VerDate Mar 15 2010 14:39 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00082 Fmt 0688 Sfmt 0634 E:\BR09\H15JY9.002 H15JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD 17914 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 13 July 15, 2009 But this individual happened to be— emulate that would have employment who were speaking into the record I ran into him when he was out picking packages that fly people all the way quoted saying, I have to see so many up some things for home improvement, across the continent to give them more patients now in order to provide as I was, and he told me the story heart surgery quickly because the line enough income because I’m being paid about how long he had to wait in line is too long in Canada? so much less per patient, I have to and what he had to do to go from Ger- And it’s worse than this, Mr. Speak- spend less time with the patient, and I many to Italy, get in that line and then er. There are companies that have have to run them through and see too get his hip replacement, hip surgery. sprouted up in Canada that turnkey many patients an hour. I’m missing di- Here in the United States you’re not these things. Sometimes within the agnoses. I’m not able to treat these pa- going to have a measurable line. You health insurance plan that’s part of the tients the way I should be. The rela- might be able to get in one if you’re employment, that says, We will opt tionship between us is so fast that not in a hurry and get it scheduled for you out of the country to get you fast there is no doctor/patient relationship. convenience. But if you want that sur- health care services to the United People are leaving the health care in- gery, you’re going to get that quickly. States. And sometimes it’s someone in dustry because the stress was turned Now, Canadians have an innovative Canada who can’t wait in line to get up and the margins were turned down. thing. One is it’s against the law to the service. And we have a good lot of highly tal- jump ahead in line. Those are not en- And so there are companies there ented people in this country that forced equally across the provinces in like tour companies, travel agencies, stepped forward to go into the health Canada. So some people with more travel/health care agencies that put to- care industry, good doctors and nurses money, some people with more influ- gether the package. So let’s just say and other providers. And they’re highly ence get ahead in the line. that you are in Quebec and you want to educated. It takes a long time to train Mr. Speaker, if you have ever had the go to, let’s say, the Mayo Clinic in a doctor, roughly a decade to turn one experience of standing in line—and one Rochester, Minnesota, to get a hip re- out that can start to take charge and of the easy ways to think of this is in placement, and the hip replacement teach others. That takes time and the airport. If you’re standing in line line you’re in in Canada is long. money. They need to be paid what it’s waiting to try to make a flight and you Well, the travel/health care agency in worth to attract them into the profes- see one or two or three flight crews ar- Canada that’s sprouted up because of sion and to be able to be on call in the rive late and they go get in line in entrepreneurs, you can go contact middle of the night and on weekends front of you and they start going them and they will set it up. They will and all the things that they do. And through the security—now they’re ac- say, Here, let me see. You arrive at the that isn’t going to happen in a country tually pretty efficient at it and I know airport here in Quebec at this time and that rations health care and squeezes I want to get them on the planes and this is your flight number and here’s down the prices, Mr. Speaker. get these planes going. The lines would your ticket. And you can fly down to So, I would just suggest that we be longer if the crews don’t show up. the Mayo Clinic and here’s the hotel should think long and hard before we But I stood in that line and had to that you can go check into. You’ll ar- leap into this abyss. As I listened to back up. And the result is this: when rive at this time. Transportation to the the gentleman from Connecticut (Mr. someone gets in line in front of you, hotel is a shuttle bus from the airport MURPHY), I would suggest that he you have to back up. The line gets to the hotel that you’ll be staying at. should know this, if anyone does, and longer. Have you ever stepped in a line that is, when you turn government b 2115 and watched the line get longer? You loose to do something that the private know that it isn’t paying your time Here is your examination from the sector should be doing, Murphy’s Law very well to stand in that line. doctor and the surgeons, and they’ll do always applies. Murphy’s Law, of Well, the lines get longer in places in that examination, and later on in the course, is what can go wrong will go Canada and in Europe because you day, or overnight, they’ll start the sur- wrong. have people who have money and influ- gery, give you the hip replacement. The incentives will not be in place to ence and power that get preferential Here’s the package on the rehabilita- provide the quality of care, the timely treatment over those who don’t have tion therapy. Here is your trip back service. And we don’t have rationing of the money, influence and power. and your plane ticket back to Quebec. health care in the United States today. So, in Canada it’s resulted in this: Turnkey. I don’t know how long it We don’t have lines that exist in a some of the employers who offer a good takes, I’m guessing three to four days measurable way. We don’t have long employment package pay the wages turnaround, give you a little therapy, lists on paper of people that are wait- and the benefits to their employees, send you back home again. All of that, ing their turn to get their service. the employees who have full access to you write one check to the travel/ We have the best health care system the Canadian socialized medicine plan. health care agency that’s sprouted up in the world, and it’s getting better, But also as part of the package, let’s to meet a demand that exists because and we can do more with competition. just say, for example, if they need of the lines and the rationing that nec- We can do more with addressing the heart surgery and you’re working in essarily result in government-run plans medical malpractice litigation that we Toronto—just say you’re wearing a suit and always have. have in this country that they don’t and tie, working in a company in To- And, Mr. Speaker, I’ll go back to 1948 have to a measurable extent in the ronto who puts together a good health and 1949. I had a World War II vet hand other countries. We can do better with care package, a good employment me a stack of Collier’s magazines. And health savings accounts. We can do package. Here will be the wages, the he fought in Europe, the Second World better with bringing in competition. vacation time, the retirement benefits. War. He’d saved these Collier’s maga- We can allow people to expand their They don’t get to say the health care zines all of those years, from 1948 and health savings accounts, and we can plan for Canadian, but they do get to 1949. Now, 1948 was the year that the allow them to have enough money in say, You can opt out and go to the United Kingdom established their na- that they can bargain down a higher United States. tional health care plan, their socialized co-payment and a higher deductible in And in their employment package medicine. order to get a lower premium. will be an insurance plan that will put And in the magazine, each issue of And you roll all of this together. If them on a plane in Toronto and fly the magazine had a story about the you give people freedom, if you give them to Houston for heart surgery so health care that was unfolding in Can- them responsibility, if you believe in that they can cut ahead of the line. ada. And you can just range through the free market system and you let the They don’t have to wait. some of them. I can remember pictures markets do what they will without in- Now, what kind of a country has a of people lined up outside doctors’ of- terference, without the intervention of health care plan that we would want to fices, nurses that were frazzled, doctors some fraudulent medical malpractice

VerDate Mar 15 2010 14:39 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00083 Fmt 0688 Sfmt 0634 E:\BR09\H15JY9.002 H15JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD July 15, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 13 17915 suits that are driving up these pre- The motion was agreed to; accord- 233(c)(1); to the Committee on Oversight and miums and causing doctors to do tests ingly (at 9 o’clock and 20 minutes Government Reform. that are unnecessary, except to protect p.m.), the House adjourned until to- 2663. A letter from the Chairman, Council them from litigation, we can bring this morrow, Thursday, July 16, 2009, at 10 of the District of Columbia, transmitting a health care down, and we can see the a.m. copy of D.C. ACT 18-125, ‘‘Records Access Amendment Act of 2009’’, pursuant to D.C. quality of it go up, and we can also be f Code section 1-233(c)(1); to the Committee on an inspiration for the rest of the world. Oversight and Government Reform. And creating socialized medicine is EXECUTIVE COMMUNICATIONS, ETC. 2664. A letter from the Chairman, Council not a solution for an economic prob- of the District of Columbia, transmitting a lem. That will make the problem Under clause 2 of rule XXIV, execu- copy of D.C. ACT 18-126, ‘‘Raze Permit Com- worse, not better. And we are, on one tive communications were taken from munity Notification Amendment Act of side of us, we are Adam Smith free- the Speaker’s table and referred as fol- 2009’’, pursuant to D.C. Code section 1- marketeers on the Republican side of lows: 233(c)(1); to the Committee on Oversight and Government Reform. the aisle. These are the Keynesian 2655. A letter from the Director, Office of economists on the Democrat side of the Legislative Affairs, Federal Deposit Insur- 2665. A letter from the Chairman, Council aisle, those who want to grow govern- ance Corporation, transmitting the Corpora- of the District of Columbia, transmitting a ment, nationalize eight huge entities tion’s final rule — Modification of Tem- copy of D.C. ACT 18-127, ‘‘Citizen-Service porary Liquidity Guarantee Program (RIN: Programs Amendment Act of 2009’’, pursuant in America; that all happened on the to D.C. Code section 1-233(c)(1); to the Com- watch of President Obama, the nation- 3064-AD37) received July 8, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Fi- mittee on Oversight and Government Re- alization of eight huge entities. form. And with that in mind, nationaliza- nancial Services. 2656. A letter from the Chief Executive Of- 2666. A letter from the Chairman, Council tion, there is no exit strategy there. ficer, Anti-Doping Agency, transmitting the of the District of Columbia, transmitting a There will be no exit from socialized Agency’s 2008 Annual Report and Financial copy of D.C. ACT 18-128, ‘‘Child Development medicine, and cap-and-tax will crush Audit, pursuant to 21 U.S.C. 2002 36 U.S.C. Center Directors Relocation Fairness Clari- this economy as well. We must draw a 10101; to the Committee on Energy and Com- fication Temporary Amendment Act of 2009’’, line. This is it. This is the Rubicon. I’m merce. pursuant to D.C. Code section 1-233(c)(1); to not going across into the irrevocable 2657. A letter from the Chief of Staff, Media the Committee on Oversight and Govern- ment Reform. policy. And those that do, I believe, Bureau, Federal Communications Commis- 2667. A letter from the Chairman, Council will regret it the rest of their life. sion, transmitting the Commission’s final rule — In the Matter of Amendment of Sec- of the District of Columbia, transmitting a With that, Mr. Speaker, I thank you tion 73.202(b), Table of Allotments, FM copy of D.C. ACT 18-133, ‘‘Transportation In- for your indulgence, and I would yield Broadcast Stations. (Mount Enterprise, frastructure Improvements GARVEE Bond back the balance of my time. Texas) [MB Docket No.: 08-226 RM-11494] re- Financing Act of 2009’’, pursuant to D.C. f ceived July 8, 2009, pursuant to 5 U.S.C. Code section 1-233(c)(1); to the Committee on 801(a)(1)(A); to the Committee on Energy and Oversight and Government Reform. LEAVE OF ABSENCE Commerce. 2668. A letter from the Chairman, Council By unanimous consent, leave of ab- 2658. A letter from the Secretary, Depart- of the District of Columbia, transmitting a sence was granted to: ment of the Treasury, transmitting as re- copy of D.C. ACT 18-134, ‘‘Anacostia River Mr. YOUNG of Florida (at the request quired by section 401(c) of the National Clean Up and Protection Act of 2009’’, pursu- Emergencies Act, 50 U.S.C. 1641(c), and sec- of Mr. BOEHNER) for today on account ant to D.C. Code section 1-233(c)(1); to the tion 204(c) of the International Emergency of a family medical emergency. Committee on Oversight and Government Economic Powers Act, 50 U.S.C. 1703(c), a Reform. f six-month periodic report on the national 2669. A letter from the Chairman, Council SPECIAL ORDERS GRANTED emergency with respect to the former Libe- of the District of Columbia, transmitting a rian regime of Charles Taylor that was de- copy of D.C. ACT 18-135, ‘‘Clean and Afford- By unanimous consent, permission to clared in Executive Order 13348 of July 22, able Energy Fund Balance Temporary address the House, following the legis- 2004, pursuant to 50 U.S.C. 1703(c); to the Amendment Act of 2009’’, pursuant to D.C. lative program and any special orders Committee on Foreign Affairs. Code section 1-233(c)(1); to the Committee on heretofore entered, was granted to: 2659. A letter from the Acting Assistant Oversight and Government Reform. Secretary For Export Administration, De- (The following Members (at the re- 2670. A letter from the Chairman, Council partment of Commerce, transmitting the De- quest of Mr. KLEIN of Florida) to revise of the District of Columbia, transmitting a partment’s final rule — Authorization Vali- copy of D.C. ACT 18-136, ‘‘Neighborhood De- and extend their remarks and include dated End-User (VEU): List of Approved End- velopment Tax Deferral Temporary Act of extraneous material:) Users and Respective Eligible Items for India 2009’’, pursuant to D.C. Code section 1- Ms. WOOLSEY, for 5 minutes, today. [Docket No.: 0906151047-91048-01] (RIN: 0694- 233(c)(1); to the Committee on Oversight and Mr. MASSA, for 5 minutes, today. AE65] received July 8, 2009, pursuant to 5 Government Reform. Mr. KLEIN of Florida, for 5 minutes, U.S.C. 801(a)(1)(A); to the Committee on For- today. eign Affairs. 2671. A letter from the Director, Office of Congressional Relations, Federal Trade Com- Ms. KAPTUR, for 5 minutes, today. 2660. A letter from the Acting Assistant mission, transmitting notification that the Mr. DEFAZIO, for 5 minutes, today. Secretary For Export Administration, De- Commission recently began the audit of fi- (The following Members (at the re- partment of Commerce, transmitting the De- partment’s final rule — Implementation of nancial statements for the fiscal year 2009; quest of Mr. POE of Texas) to revise and to the Committee on Oversight and Govern- extend their remarks and include ex- the 2008 Australia Group (AG) Intersessional Decisions; Additions to the List of States ment Reform. traneous material:) Parties to the Chemical Weapons Convention 2672. A letter from the Deputy General Mr. JONES, for 5 minutes, July 22. (CWC) [Docket No.: 090113021-9025-01] (RIN: Counsel, Small Business Administration, Mr. POE of Texas, for 5 minutes, July 0694-AE55) received July 8, 2009, pursuant to transmitting the Administration’s final rule 22. 5 U.S.C. 801(a)(1)(A); to the Committee on — Small Business Size Standards; Tem- Mr. FORBES, for 5 minutes, July 16. Foreign Affairs. porary Alternative Size Standards for 7(a) Mr. DREIER, for 5 minutes, July 16 2661. A letter from the Chairman, Council Business Loan Program (RIN: 3245-AF96) re- and 17. of the District of Columbia, transmitting a ceived July 8, 2009, pursuant to 5 U.S.C. (The following Member (at his re- copy of D.C. ACT 18-123, ‘‘Processing Sales 801(a)(1)(A); to the Committee on Small Business. quest) to revise and extend his remarks Tax Clarification Act of 2009’’, pursuant to and include extraneous material:) D.C. Code section 1-233(c)(1); to the Com- 2673. A letter from the Director of Regula- mittee on Oversight and Government Re- tions Management, Department of Veterans Mr. ENGEL, for 5 minutes, today. form. Affairs, transmitting the Department’s final f 2662. A letter from the Chairman, Council rule — Vocational Rehabilitation and Em- ADJOURNMENT of the District of Columbia, transmitting a ployment Program-Duty to Assist (RIN: 2900- copy of D.C. Act 18-124, ‘‘National Law En- AM91) received July 8, 2009, pursuant to 5 Mr. KING of Iowa. Mr. Speaker, I forcement Museum Sales and Use Tax Credit U.S.C. 801(a)(1)(A); to the Committee on Vet- move that the House do now adjourn. Act of 2009’’, pursuant to D.C. Code section 1- erans’ Affairs.

VerDate Mar 15 2010 14:39 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00084 Fmt 0688 Sfmt 0634 E:\BR09\H15JY9.003 H15JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD 17916 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 13 July 15, 2009 PUBLIC BILLS AND RESOLUTIONS By Mr. INSLEE (for himself, Ms. NOR- RESOLUTION NO. 86 memorializing the Con- TON, Mr. BLUMENAUER, Ms. MATSUI, gress of the United States to take such ac- Under clause 2 of rule XII, public Mr. MORAN of Virginia, Mr. CONYERS, tions as are necessary to create a national bills and resolutions of the following Ms. BORDALLO, Mrs. CHRISTENSEN, catastrophe fund; to the Committee on Fi- titles were introduced and severally re- Mr. MOORE of Kansas, Mr. ENGEL, Ms. nancial Services. ferred, as follows: KAPTUR, Mrs. MALONEY, Mr. MCGOV- 107. Also, a memorial of the Senate of the By Mr. FILNER (for himself, Mr. ERN, Mr. CARSON of Indiana, Mr. GRI- State of Louisiana, relative to Senate Reso- lution No. 91 memorializing the Congress of BUYER, Ms. CORRINE BROWN of Flor- JALVA, Ms. LEE of California, Ms. the United States to address the issue of ida, Mr. STEARNS, Mr. SNYDER, Mr. EDWARDS of Maryland, Ms. WOOLSEY, global climate change through the adoption MORAN of Kansas, Mr. MICHAUD, Mr. and Mr. CLEAVER): of a fair and effective approach that safe- BROWN of South Carolina, Ms. H.R. 3225. A bill to help provide funds for guards American jobs, ensures affordable en- HERSETH SANDLIN, Mr. MILLER of community gardens, and for other purposes; ergy for citizens, and maintains America’s Florida, Mr. MITCHELL, Mr. BOOZMAN, to the Committee on Agriculture. global competitiveness; to the Committee on Mr. HALL of New York, Mr. BILBRAY, By Mr. KINGSTON (for himself, Mr. Energy and Commerce. Mrs. HALVORSON, Mr. LAMBORN, Mr. CARTER, Mr. ALEXANDER, Mr. BRADY 108. Also, a memorial of the House of Rep- PERRIELLO, Mr. BILIRAKIS, Mr. of Texas, Mr. BROUN of Georgia, Mr. resentatives of the State of Illinois, relative TEAGUE, Mr. BUCHANAN, Mr. RODRI- LATTA, Mrs. BACHMANN, Mr. POE of to House Resolution No. 86 urging the Con- GUEZ, Mr. ROE of Tennessee, Mr. DON- Texas, Mr. PITTS, Mr. FLEMING, Mr. gress to honor the contributions of African- NELLY of Indiana, Mr. MCNERNEY, Mr. LINDER, Mr. CAMPBELL, Mr. American slaves in the United States by de- SPACE, Mr. WALZ, Mr. ADLER of New CHAFFETZ, Mr. KING of Iowa, Mr. claring that every February 28th shall be Jersey, Mrs. KIRKPATRICK of Arizona, HOEKSTRA, Ms. FALLIN, Mr. SHADEGG, designated as Honor the Contributions of Af- and Mr. NYE): and Mr. LAMBORN): rican-American Slaves in the United States H.R. 3219. A bill to amend title 38, United H.R. 3226. A bill to provide that appro- Day; to the Committee on Oversight and States Code, to make certain improvements priated funds may not be used to pay for any Government Reform. in the laws administered by the Secretary of salaries or expenses of any task force, coun- cil, or similar office which is established by 109. Also, a memorial of the Senate of the Veterans Affairs relating to insurance and State of Louisiana, relative to Senate Con- health care, and for other purposes; to the or at the direction of the President and head- ed by an individual who has been inappropri- current Resolution No. 101 memorializing Committee on Veterans’ Affairs. the Congress of the United States to enact By Mr. ROSS (for himself and Mr. ately appointed to such position (on other than an interim basis), without the advice legislation to prohibit fetal torture and dis- MEEK of Florida): memberment; to the Committee on the Judi- H.R. 3220. A bill to amend title XVIII of the and consent of the Senate; to the Committee ciary. Social Security Act to reform Medicare cov- on Oversight and Government Reform. By Mr. LEVIN (for himself and Mr. 110. Also, a memorial of the House of Rep- erage and reimbursement for home oxygen resentatives of the State of Illinois, relative therapy services; to the Committee on En- DAVIS of Kentucky): H.R. 3227. A bill to amend the Internal Rev- to House Resolution No. 68 encouraging Con- ergy and Commerce, and in addition to the gress and President Barack Obama to sup- Committee on Ways and Means, for a period enue Code of 1986 to permanently extend and expand the charitable deduction for con- port H.R. 693, the Reaching the Star Act, cre- to be subsequently determined by the Speak- ating a Suburban Transit Access of STAR er, in each case for consideration of such pro- tributions of food inventory; to the Com- mittee on Ways and Means. line inter-suburban commuter rail to ease visions as fall within the jurisdiction of the road traffic congestion in 100 communities committee concerned. By Mr. MURPHY of Connecticut: H.R. 3228. A bill to reinstate and transfer from Joliet to O’Hare International Airport, By Mr. GEORGE MILLER of California certain hydroelectric licenses and extend the providing safe and reliable transportation (for himself, Mr. HINOJOSA, Mr. deadline for commencement of construction options for the more than 1.6 million area BISHOP of New York, Mr. PAYNE, Mr. of certain hydroelectric projects in the Town residents living in high-congestion areas; to HOLT, Mr. COURTNEY, Ms. HIRONO, Mr. of Canton, Connecticut; to the Committee on the Committee on Transportation and Infra- ANDREWS, Mr. KILDEE, Ms. SHEA-POR- Energy and Commerce. structure. TER, Mr. GRIJALVA, Mr. LOEBSACK, By Mr. YOUNG of Alaska: 111. Also, a memorial of the House of Rep- Ms. FUDGE, Mr. SCOTT of Virginia, H.R. 3229. A bill to amend the Alaska Na- resentatives of the State of Illinois, relative Ms. ESHOO, Mr. TIERNEY, Mr. SABLAN, tive Claims Settlement Act to recognize to House Resolution No. 44 urging the mem- Mr. WU, Mr. KUCINICH, Mr. HARE, Mr. Alexander Creek as a Native village, and for bers of Congress to introduce and give full SESTAK, Ms. WOOLSEY, and Mrs. other purposes; to the Committee on Natural consideration to a bill comparable to the Pa- DAVIS of California): Resources. triot Employers Act in order to ensure that H.R. 3221. A bill to amend the Higher Edu- By Ms. MATSUI (for herself, Mr. INS- American firms contribute their fair share to cation Act of 1965, and for other purposes; to LEE, and Ms. NORTON): our society’s social welfare; to the Com- the Committee on Education and Labor. H. Res. 649. A resolution supporting the mittee on Ways and Means. By Ms. WASSERMAN SCHULTZ (for goals and ideals of National Community Gar- 112. Also, a memorial of the Senate of the herself and Mr. CULBERSON): dening Awareness Month; to the Committee State of Louisiana, relative to Senate Con- H.R. 3222. A bill to promote Internet safety on Oversight and Government Reform. current Resolution No. 82 memorializing the education and cybercrime prevention initia- By Mr. STEARNS: Congress of the United States to enact legis- tives, and for other purposes; to the Com- H. Res. 650. A resolution recognizing that lation and appropriate monies in order to mittee on Energy and Commerce. country music has made a tremendous con- provide additional homeland security fund- By Mr. BUYER (for himself and Mr. tribution to American life and culture and ing for state maritime enforcement agencies; BOOZMAN): declaring country music to be a uniquely to the Committee on Homeland Security. H.R. 3223. A bill to amend title 38, United American art form; to the Committee on 113. Also, a memorial of the House of Rep- States Code, to improve the Department of Education and Labor. resentatives of the State of Oklahoma, rel- Veterans Affairs contracting goals and pref- ative to House Resolution No. 1043 dis- f erences for small business concerns owned approving the United States Department of and controlled by veterans; to the Com- MEMORIALS Homeland Security’s assessment report con- mittee on Veterans’ Affairs. Under clause 4 of rule XXII, memo- cerning Rightwing Extremism; to the Com- By Mr. BECERRA (for himself, Ms. mittee on Homeland Security. MATSUI, and Mr. SAM JOHNSON of rials were presented and referred as fol- 114. Also, a memorial of the House of Rep- Texas): lows: resentatives of the State of Illinois, relative H.R. 3224. A bill to authorize the Board of 105. The SPEAKER presented a memorial to House Resolution No. 233 urging the Regents of the Smithsonian Institution to of the House of Representatives of the State United States Congress and the President of plan, design, and construct a vehicle mainte- of Illinois, relative to House Resolution No. the United States to enact H.R. 676, pending nance building at the vehicle maintenance 141 urging the United States Department of in the 110th Congress, which provides uni- branch of the Smithsonian Institution lo- Defense to renew and increase its supply of versal health insurance coverage for all indi- cated in Suitland, Maryland, and for other essential excess and donation surplus equip- viduals residing in the United States and its purposes; to the Committee on House Admin- ment to Illinois public safety officers territories; jointly to the Committees on En- istration, and in addition to the Committee through the 1033 Program, the LESO Pro- ergy and Commerce, Ways and Means, and on Transportation and Infrastructure, for a gram, and the U.S. General Services Admin- Natural Resources. period to be subsequently determined by the istration’s Donation Program (Federal Sur- 115. Also, a memorial of the House of Rep- Speaker, in each case for consideration of plus); to the Committee on Armed Services. resentatives of the State of Illinois, relative such provisions as fall within the jurisdic- 106. Also, a memorial of the Senate of the to House Resolution No. 55 calling upon fed- tion of the committee concerned. State of Louisiana, relative to SENATE eral policy makers to ensure that goods sold

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domestically meet U.S. food and product H.R. 1831: Mr. UPTON, Mr. SESSIONS, Mr. H.R. 2842: Mr. LINDER. safety standards; jointly to the Committees GARRETT of New Jersey, Mr. BERMAN, Mr. H.R. 2861: Mr. ELLISON. on Ways and Means, Energy and Commerce, ROGERS of Michigan, Mr. MORAN of Kansas, H.R. 2894: Mr. CHANDLER. and the Judiciary. Mr. TONKO, and Mrs. MYRICK. H.R. 2906: Mr. SARBANES. f H.R. 1835: Mr. MATHESON. H.R. 2920: Mr. COSTELLO and Ms. SUTTON. H.R. 1941: Mrs. DAVIS of California. H.R. 2938: Mr. SHIMKUS. ADDITIONAL SPONSORS H.R. 2006: Mr. DONNELLY of Indiana. H.R. 3011: Mrs. KIRKPATRICK of Arizona, Mr. Under clause 7 of rule XII, sponsors H.R. 2017: Mr. PATRICK J. MURPHY of Penn- KLINE of Minnesota, and Ms. PINGREE of sylvania, Mr. WALDEN, and Mr. LATTA. Maine. were added to public bills and resolu- H.R. 2060: Ms. ESHOO. H.R. 3017: Mr. MCNERNEY. tions as follows: H.R. 2097: Mrs. KIRKPATRICK of Arizona. H.R. 3024: Mr. BISHOP of Georgia and Mr. H.R. 39: Mr. ACKERMAN, Mrs. MALONEY, Ms. H.R. 2122: Mr. JONES. BLUMENAUER. SHEA-PORTER, Mr. LANGEVIN, Ms. ZOE LOF- H.R. 2149: Mr. HIGGINS, Mr. PUTNAM, and H.R. 3025: Mrs. DAHLKEMPER. GREN of California, Mr. SCHIFF, and Ms. KIL- Mr. THOMPSON of Mississippi. H.R. 3042: Mr. WAXMAN. PATRICK of Michigan. H.R. 2184: Mr. SIRES. H.R. 3044: Mr. HERGER, Mr. MCHENRY, and H.R. 40: Mr. RANGEL and Ms. WATERS. H.R. 2193: Mr. PAULSEN. Mr. DRIEHAUS. H.R. 173: Mr. COFFMAN of Colorado. H.R. 2194: Mr. MILLER of North Carolina, H.R. 3147: Mr. CONYERS. H.R. 207: Mr. WALDEN. Mr. GOHMERT, Mr. BISHOP of Georgia, Mr. H.R. 3148: Mr. BURGESS. H.R. 208: Mr. RYAN of Ohio, Mr. PAULSEN, STUPAK, Mr. CAO, Mr. LANGEVIN, Mr. FARR, H.R. 3189: Mr. KIRK. Mr. MCNERNEY, and Mr. WALDEN. Mr. ALTMIRE, Mr. CALVERT, Mrs. BLACKBURN, H.R. 3212: Mr. KING of New York and Mr. H.R. 211: Ms. FUDGE, Mr. EDWARDS of Mr. TERRY, Mr. MINNICK, Mr. BARTLETT, Mr. BOSWELL. Texas, and Mr. HALL of New York. KLINE of Minnesota, Ms. CORRINE BROWN of H. J. Res. 56: Mr. COHEN, Ms. DELAURO, Mr. H.R. 213: Mr. SESTAK. Florida, Ms. SUTTON, and Mr. HOEKSTRA. ANDREWS, and Ms. PINGREE of Maine. H.R. 235: Mr. WALDEN and Mr. ELLISON. H.R. 2215: Mr. DINGELL, Mr. KILDEE, and H. Con. Res. 16: Mr. KLINE of Minnesota H.R. 275: Mr. MORAN of Virginia. Mr. PETERS. and Mr. KIRK. H.R. 406: Mr. HIMES and Ms. BALDWIN. H.R. 2220: Ms. KOSMAS, and Ms. PINGREE of H. Con. Res. 74: Mr. HASTINGS of Florida. H.R. 426: Mr. POSEY. Maine. H. Con. Res. 94: Mr. COHEN and Ms. MCCOL- H.R. 442: Mr. BURGESS, Mr. AUSTRIA, and H.R. 2245: Ms. WATERS, Ms. RICHARDSON, LUM. Mr. TIBERI. Mr. CAMPBELL, Mr. WALZ, and Mr. SIMPSON. H. Con. Res. 102: Ms. JACKSON-LEE of H.R. 503: Mr. LINCOLN DIAZ-BALART of Flor- H.R. 2261: Mr. LATHAM. Texas. ida. H.R. 2293: Mr. LANGEVIN. H. Con. Res. 144: Ms. SPEIER, Mr. LARSEN of H.R. 510: Mr. MOORE of Kansas, Mr. CAR- H.R. 2296: Mr. DENT, Mr. SMITH of Ne- Washington, Mrs. CAPITO, Mr. SCHOCK, Ms. DOZA, Mr. CHANDLER, Ms. HERSETH SANDLIN, braska, Mr. BRIGHT, Mr. TIBERI, Mrs. EMER- ROYBAL-ALLARD, and Mr. LYNCH. Mr. WITTMAN, and Mr. ELLSWORTH. SON, Mr. CULBERSON, Mr. MCCAUL, Mr. H. Con. Res. 159: Mr. FRANKS of Arizona, H.R. 571: Ms. SUTTON. PERRIELLO, and Mr. GRIFFITH. Mr. MCCOTTER, Mr. KENNEDY, Mr. MURPHY of H.R. 690: Mr. MILLER of Florida and Mr. H.R. 2329: Mrs. DAHLKEMPER and Mr. Connecticut, Ms. BERKLEY, Mr. ROSS, Mr. YOUNG of Florida. PETERSON. DOYLE, and Mr. KIRK. H.R. 691: Mr. PAUL. H.R. 2363: Mr. FATTAH, Mr. BERMAN, and H. Res. 89: Mr. TURNER and Mr. MANZULLO. H.R. 702: Mr. SIRES. Ms. EDDIE BERNICE JOHNSON of Texas. H. Res. 93: Mr. HINOJOSA and Mr. SABLAN. H.R. 734: Ms. PINGREE of Maine. H.R. 2365: Ms. MCCOLLUM. H. Res. 111: Mr. MINNICK, Mr. TONKO, Mr. H.R. 795: Mr. JACKSON of Illinois. H.R. 2373: Mr. PERRIELLO, Mr. BONNER, and Mr. MEEKS of New York. H.R. 804: Mr. PASTOR of Arizona. BUTTERFIELD, Mr. KILDEE, Ms. EDDIE BER- H. Res. 245: Mr. CARSON of Indiana. H.R. 847: Mr. MURPHY of New York. NICE JOHNSON of Texas, Mr. KRATOVIL, Ms. H. Res. 394: Mr. SULLIVAN. H.R. 848: Mr. TIERNEY. GIFFORDS, and Mr. PAULSEN. H. Res. 440: Mrs. BACHMANN. H.R. 936: Mr. TEAGUE. H.R. 2381: Mr. HARE and Mr. GRIJALVA. H. Res. 487: Mr. UPTON and Mr. HOEKSTRA. H.R. 939: Mr. HIMES. H.R. 2425: Mr. FARR and Mr. WOLF. H. Res. 494: Mr. COOPER, Mr. SPRATT, and H.R. 953: Mr. ORTIZ, Mrs. MCMORRIS ROD- H.R. 2440: Mr. LAMBORN. Mr. BRADY of Pennsylvania. GERS, and Mr. HOEKSTRA. H.R. 2452: Mr. RYAN of Ohio, Mr. YARMUTH, H. Res. 512: Mr. WATT, Mr. CARNAHAN, Ms. H.R. 982: Mr. AUSTRIA. Mr. KIRK, and Mr. THOMPSON of California. GIFFORDS, Ms. WOOLSEY, Mr. SHERMAN, and H.R. 1020: Mr. HONDA and Mr. VAN HOLLEN. H.R. 2469: Mr. LATTA, Mr. BROUN of Geor- Mr. SIRES. H.R. 1064: Mr. LIPINSKI and Mr. MCNERNEY. gia, Ms. FOXX, Mr. GINGREY of Georgia, Mr. H. Res. 513: Mr. ALTMIRE, Mr. BACHUS, Mr. H.R. 1137: Mr. MEEK of Florida. SHADEGG, Ms. FALLIN, Mr. KING of Iowa, Mrs. BISHOP of Georgia, Mr. BOOZMAN, Ms. H.R. 1156: Mrs. MCMORRIS RODGERS. SCHMIDT, Mr. ISSA, Mr. PENCE, Mr. CONAWAY, BORDALLO, Mr. BURTON of Indiana, Mr. CAL- H.R. 1166: Mr. DAVIS of Illinois. Mr. KINGSTON, Mr. FLEMING, and Mr. PITTS. VERT, Mr. COLE, Mr. COURTNEY, Mr. DUNCAN, H.R. 1173: Mr. ARCURI and Mr. SHULER. H.R. 2478: Mr. PLATTS, Mr. CUMMINGS, and Mr. GOHMERT, Mr. HASTINGS of Florida, Ms. H.R. 1177: Mr. GONZALEZ, Mr. CAMPBELL, Mr. FORBES. KAPTUR, Mr. KINGSTON, Mr. KLINE of Min- and Mr. TIM MURPHY of Pennsylvania. H.R. 2480: Mr. FRANK of Massachusetts, Mr. nesota, Mr. LATTA, Mr. MCCAUL, Mr. MCCOT- H.R. 1190: Mr. HASTINGS of Washington. LIPINSKI, and Mr. MILLER of North Carolina. TER, Mr. OBERSTAR, Mr. PLATTS, Mr. PUT- H.R. 1207: Mr. SALAZAR, Mr. KIRK, and Mrs. H.R. 2497: Mr. BLUMENAUER. NAM, Mr. RODRIGUEZ, Mrs. MCMORRIS ROD- EMERSON. H.R. 2499: Mr. ROGERS of Alabama. GERS, Mr. SENSENBRENNER, Mr. SPRATT, and H.R. 1240: Mr. MAFFEI. H.R. 2548: Mr. CONNOLLY of Virginia. Mr. WU. H.R. 1245: Mr. WITTMAN and Mr. KIRK. H.R. 2561: Mr. CAO. H. Res. 517: Ms. WOOLSEY. H.R. 1283: Mr. GRAYSON. H.R. 2563: Mr. HILL, Mr. POSEY, Mr. MARCH- H. Res. 533: Mr. MASSA, Mr. HINOJOSA, and H.R. 1293: Mr. MILLER of Florida, Ms. ANT, Mr. TIBERI, and Mr. CONAWAY. Mr. DINGELL. CORRINE BROWN of Florida, Mr. BILIRAKIS, H.R. 2590: Mr. PAUL. H. Res. 558: Mr. ROYCE, Mr. HALL of Texas, and Mr. SNYDER. H.R. 2625: Ms. BALDWIN. Mr. PAULSEN, Mr. PAYNE, and Mr. HINOJOSA. H.R. 1346: Ms. LEE of California. H.R. 2626: Mr. MCCOTTER. H. Res. 605: Mr. CAO, Mr. SENSENBRENNER, H.R. 1382: Mr. SHADEGG. H.R. 2642: Mr. WILSON of Ohio. Mr. BISHOP of Georgia, Mr. MORAN of Kansas, H.R. 1410: Mr. MILLER of North Carolina. H.R. 2648: Ms. MOORE of Wisconsin, Mr. Mr. CUMMINGS, Mr. KING of New York, Mr. H.R. 1441: Ms. BALDWIN. FALEOMAVAEGA, Mr. COHEN, and Ms. FRELINGHUYSEN, Mr. JONES, Mr. ABER- H.R. 1470: Mrs. CAPITO. DELAURO. CROMBIE, Mr. HINCHEY, Mr. MCGOVERN, and H.R. 1509: Mr. HALL of New York. H.R. 2669: Mr. RAHALL. Mr. PETERSON. H.R. 1548: Mr. MURPHY of Connecticut and H.R. 2681: Mrs. NAPOLITANO. H. Res. 615: Mr. SMITH of Texas, Mr. PRICE Mr. STEARNS. H.R. 2695: Mr. PLATTS. of Georgia, Mr. TIAHRT, and Mr. CONAWAY. H.R. 1558: Ms. TITUS and Mr. HIMES. H.R. 2709: Ms. HARMAN. H. Res. 619: Mr. TIAHRT, Mr. SCHOCK, and H.R. 1618: Mr. WILSON of Ohio. H.R. 2724: Mr. HODES. Mrs. MILLER of Michigan. H.R. 1625: Mr. OBERSTAR. H.R. 2740: Mr. SOUDER, Mr. MEEKS of New H. Res. 623: Mr. REICHERT. H.R. 1684: Mr. TIBERI and Mr. BURGESS. York, and Mr. MCCOTTER. H. Res. 630: Mr. CAPUANO and Mr. HONDA. H.R. 1700: Ms. ZOE LOFGREN of California. H.R. 2759: Mr. ETHERIDGE, Ms. CORRINE H. Res. 631: Mr. POE of Texas and Mr. RYAN H.R. 1751: Ms. CORRINE BROWN of Florida BROWN of Florida, Mr. RUPPERSBERGER, Mr. of Ohio. and Mr. SARBANES. WELCH, and Mr. GERLACH. H. Res. 633: Mr. COHEN. H.R. 1761: Mr. GRIJALVA. H.R. 2771: Mr. BOREN. H. Res. 634: Mrs. LOWEY, Mr. MCHUGH, and H.R. 1776: Mr. HIMES. H.R. 2811: Mr. HASTINGS of Florida. Ms. BALDWIN. H.R. 1826: Mr. ROTHMAN of New Jersey and H.R. 2835: Mr. MORAN of Virginia and Mr. H. Res. 639: Mr. RADANOVICH and Mr. Mr. FATTAH. ELLISON. ROYCE.

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EARMARK DECLARATION maintenance and repairs. This request is con- her commitment and outstanding service: An sistent with the intended and authorized pur- honor well deserved. HON. SPENCER BACHUS pose of the Corps of Engineers, O&M Ac- Sally was first hired as a cashier in the OF ALABAMA count. Longworth House Office Building cafeteria in IN THE HOUSE OF REPRESENTATIVES f 1951. But she is best known for her service as a hostess in the Members’ Dining Room in the Wednesday, July 15, 2009 EARMARK DECLARATION Capitol—a post she took on in the 1960s. Mr. BACHUS. Madam Speaker, pursuant to Sally’s loyalty and work ethic was un- the Republican Leadership standards on ear- HON. JOHN BOOZMAN matched. Three years ago, she suffered a bad marks, I am submitting the following informa- OF ARKANSAS fall, but still returned to the job she clearly tion regarding funding that I requested as part IN THE HOUSE OF REPRESENTATIVES loved. She was 89 years old at that time. of H.R. 3183—Energy and Water Develop- Wednesday, July 15, 2009 Just as remarkable, Sally seemed to know ment and Related Agencies Appropriations every Member by name. Act, 2010. Mr. BOOZMAN. Madam Speaker, pursuant I first met her nine years ago, as a fresh- to the House Republican standards on ear- Requesting Member: Congressman SPEN- man Member of Congress. Those of us who marks, I am submitting the following informa- CER BACHUS were privileged to have met her are all the Bill Number: H.R. 3183—Energy and Water tion regarding earmarks I received as a part of better for it. Sally was a burst of sunshine and Development and Related Agencies Appro- H.R. 3183—Energy and Water Appropriations brought joy to everyone who came in her path. priations Act, 2010 Act of 2010. Sadly, on Sunday, June 28—just 10 days Account: Department of Energy, EERE Requesting Member: Congressman JOHN ago—Sally bid farewell to the Congress and Legal Name of Requesting Entity: The Uni- BOOZMAN her family and friends. Bill Number: H.R. 3183 versity of Alabama I want to extend condolences to her three Account: Inspection of Completed Works, Address of Requesting Entity: Office of Re- daughters, six grandchildren and five great- search Box 870117, Tuscaloosa, AL 35476 AR Legal Name of Requesting Entity: City of grandchildren and say thank you for sharing Description of Request: Provide $1,000,000 her with us. for the Institute for Sustainable Energy at the Fort Smith Address of Requesting Entity: 623 Garrison Sally’s sense of humor was contagious and University of Alabama. The institute will focus Avenue, Suite 315, Fort Smith, Arkansas, her spirit was comforting. We miss her dearly. the efforts of a team of researchers to develop 72902 f the science and technology to utilize the com- Description of Request: The City of Fort plex mix of alternate fuels in an energy and RECOGNIZING DR. KAP JOON NO Smith would use the funding of $425,000 to environmentally sound manner. It will lead to coordinate with the Little Rock District of the energy independence; enhance national secu- U.S. Army Corps of Engineers to perform an HON. MIKE QUIGLEY rity, a stronger economy, and a cleaner envi- Engineering assessment on the Arkansas OF ILLINOIS ronment. The total budget for the project is River levee system, to ensure that adequate IN THE HOUSE OF REPRESENTATIVES $2,000,000. Specifically within the budget, design and maintenance of the levee system Wednesday, July 15, 2009 $1,500,000 will go toward scientific equipment, is in place to provide reasonable assurance $200,000 toward facility design/development, Mr. QUIGLEY. Madam Speaker, I rise today that protection from the base flood (100 year and $300,000 toward salary and training. This in recognition of Dr. Kap Joon No. Dr. No, a flood event) exists and/or that design criteria is request is consistent with the intended and au- first generation Korean, is a medical doctor at being met. This is necessary to ensure FEMA thorized purpose of the Department of Energy, Swedish Covenant Hospital in Chicago and is accredits the levees for purposes of flood risk EERE Account. The University of Alabama will a well-known and well-respected member of studies and flood map modernization. The meet or exceed all statutory requirements for the Korean-American community. project is vital to ensure the safety of lives and matching funds where applicable. Dr. No served as the past president of the property protected by the levee system. Requesting Member: Congressman SPEN- Arirang Lions Club, to which he is still an ac- CER BACHUS f tive member. The Arirang Lions Club has held Bill Number: H.R. 3183—Energy and Water PASSING OF LONGTIME HOUSE an annual picnic for Korean adoptees and Development and Related Agencies Appro- STAFFER SALLY CROWE their families for over 30 years and have with- priations Act, 2010 in recent years started organizing trips for Account: Corps of Engineers, O&M HON. BETTY McCOLLUM adoptees to visit Korea through a partnership Legal Name of Requesting Entity: Army with their sister club in Seoul. OF MINNESOTA Corps of Engineers Dr. No has been also been instrumental in IN THE HOUSE OF REPRESENTATIVES Address of Requesting Entity: Mobile District coordinating a free health clinic annually, 109 St. Joseph Street, Mobile, AL 36628 Wednesday, July 15, 2009 where over 400 community members are able Description of Request: Provide Ms. MCCOLLUM. Madam Speaker, I rise to receive medical diagnosis and treatment $24,180,000 in funding for Operations and today to express how deeply saddened I am that they would not otherwise receive. Addi- Maintenance for the Mobile District of the COE by the passing of longtime House staffer and tionally, through his own private medical prac- for the Black Warrior and Tombigbee Rivers. Members’ Dining Room Hostess, Sally Crowe. tice Dr. No personally assists those in need. Currently there are 20–25 million tons trans- The House of Representatives will mourn Not only is Dr. No committed to serving the ported on this river each year, mostly coal and her for a long time, particularly the Members, community, his wife and his two daughters, petroleum products, and serious repairs are staff and guests she touched on a regular both of whom are in medical school, are just needed. The Tennessee-Tombigbee Water- basis. Her absence is truly unsettling. as dedicated to helping those in need. way and Coosa-Alabama River systems de- Sally served the House of Representatives We may never be able to thank Dr. No and pend on the efficiency of the Black Warrior- with distinction for over 57 years—over five his family enough for the time and finances Tombigbee. This project will provide nec- decades—longer than any Member in Con- they have selflessly dedicated to others in essary infrastructure maintenance and repairs gress today. need and we are not the first to recognize his to the 50+ year old lock and dam system. The A few years ago, she received the John W. humanitarianism and concern for others. Last entire budget for the project will go towards McCormack Annual Award of Excellence for year, The Chicago Sun-Times named Dr. No

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

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one of the ‘‘50 People Who Make Chicago a Description of Request: $500,000 in funding Requesting Member: Congressman LAMAR Better Place’’ due to his outstanding service. for the Pine Mountain Dam project will be SMITH To further add to his distinctions, I would like used to assist cities and counties in the west- Bill Number: FY 2010 Transportation, Hous- to formally recognize Dr. No and his family’s ern River Valley conduct extensive studies ing and Urban Development, and Related dedication to those in need and his service as and environmental analysis for long-term plan- Agencies Appropriations Act a hero of the local community. ning to meet the needs of the region’s rapidly Account: Federal Transit Administration— f growing population. These studies will be used Buses and Bus Facilities by state and federal environmental agencies Legal Name of Requesting Entity: San Anto- EARMARK DECLARATION to determine feasibility for long-term projects. nio VIA Metropolitan Transit Requesting Member: Congressman JOHN Address of Requesting Entity: 800 W. Myr- HON. JOHN BOOZMAN BOOZMAN tle, San Antonio, TX 78212 OF ARKANSAS Bill Number: H.R. 3183 Description of Request: I have secured IN THE HOUSE OF REPRESENTATIVES Account: Department of Energy, Electricity $750,000 for the San Antonio VIA Metropolitan Delivery and Energy Reliability Transit to build and design a Park & Ride Fa- Wednesday, July 15, 2009 Legal Name of Requesting Entity: Corps of cility in the area of US 281 and North Loop Mr. BOOZMAN. Madam Speaker, pursuant Engineers 1604. The rapid and continuing growth in this to the House Republican standards on ear- Address of Requesting Entity: 119 Ozark sector of the city has outpaced the capacity of marks, I am submitting the following informa- Hall, Fayetteville, Arkansas, 72701 existing transit facilities in the area. In the last tion regarding earmarks I received as a part of Description of Request: $1,500,000 is re- few years, VIA has introduced an express H.R. 3183—Energy and Water Appropriations quested to support the continued development route, providing a direct transit connection be- Act of 2010. of advanced power electronics equipment at tween the US 281/Loop 1604 area and the Requesting Member: Congressman JOHN NCREPT. The University of Arkansas brings downtown central business district. The pro- BOOZMAN expertise on power electronics and power grid posed facility will sit on seven (7) acres and Bill Number: H.R. 3183 applications that does not currently exist in include 572 parking spaces, with approxi- Account: Construction these efforts. mately 4 bus routes operating through the fa- Legal Name of Requesting Entity: Corps of f cility. I certify that neither I nor my spouse has Engineers any financial interest in this project. EARMARK DECLARATION Address of Requesting Entity: 2 Natural Re- f source Drive, Little Rock, Arkansas, 72205 Description of Request: When the U.S. HON. LAMAR SMITH EARMARK DECLARATION Army Corps of Engineers (COE) built the OF TEXAS dams that created Bull Shoals and Norfork IN THE HOUSE OF REPRESENTATIVES HON. HOWARD P. ‘‘BUCK’’ McKEON Lakes, the primary purpose of those dams Wednesday, July 15, 2009 OF CALIFORNIA was to provide flood control, hydroelectric Mr. SMITH of Texas. Madam Speaker, pur- IN THE HOUSE OF REPRESENTATIVES power, and municipal and industrial water sup- suant to the Republican Leadership standards Wednesday, July 15, 2009 plies. Providing adequate water flow below on earmarks, I am submitting the following in- Mr. MCKEON. Madam Speaker, pursuant to each dam to protect fish and wildlife habitat formation regarding earmarks I received as the Republican Leadership standards on ear- was not a consideration. Once the dams were part of the FY 2010 Transportation, Housing marks, I am submitting the following informa- constructed, the water releases were much and Urban Development, and Related Agen- tion regarding Member priority requests I re- colder than what was previously in the warm- cies Appropriations Act. ceived as part of H.R. 3183, the ‘‘Energy and water stream. Consequently, with the excep- Requesting Member: Congressman LAMAR Water Development and Related Agencies Ap- tion of certain minnows, none of the previous SMITH propriations Act, 2010.’’ species of the fish could survive in the Bill Number: FY 2010 Transportation, Hous- Requesting Member: Congressman HOW- changed environment. The Arkansas Game ing and Urban Development, and Related ARD P. ‘‘BUCK’’ MCKEON and Fish Commission (AGFC) and U.S. Fish Agencies Appropriations Act Bill Number: H.R. 3183, the ‘‘Energy and and Wildlife Service determined that trout Account: Federal Highway Administration— Water Development and Related Agencies Ap- could survive in the newly formed cold-water Surface Transportation Priorities propriations Act, 2010’’ rivers and began stocking brown, rainbow and Legal Name of Requesting Entity: City of Account: Army Corps of Engineers—Con- cutthroat trout. As the economics of energy Austin struction and power generation changed over the years, Address of Requesting Entity: 301 West 2nd Legal Name of Requesting Entity: Castaic the Corps changed dam operations from con- Street, Austin, TX 78701 Lake Water Agency tinual to peaking (i.e. when demand is high- Description of Request: I have secured Address of Requesting Entity: 27234 Bou- est). As a result, low-water events at certain $500,000 for the City of Austin to deploy their quet Canyon Road, Santa Clarita, CA 91350 times of the year are much longer desta- Intelligent Transportation System. It is my un- Description of Request: I requested and re- bilizing the in-stream environment for trout and derstanding that the City of Austin has devel- ceived a Member priority request totaling other aquatic life in the rivers. An increase in oped an intelligent transportation systems $1,100,000 to help implement the fully author- minimum flow to the desired levels would pro- (ITS) deployment plan as part of its efforts to ized cleanup of perchlorate groundwater con- vide many benefits for both fish and wildlife in improve mobility information for residents, re- tamination at the former Whittaker-Bermite site Arkansas, including mitigating high water tem- duce congestion, improve mobility and im- (a former U.S. military munitions testing loca- peratures in the summer that stress or some- prove air quality. Specific components of the tion) in the City of Santa Clarita. This site has times kill trout by flushing fresher, cold water system include: a traffic and transportation both soil and groundwater contamination from into rivers during low-water intervals; and in- website with live streaming capabilities; vari- years of chemical exposure during ordnance creasing water flows that could improve dis- able message boards that inform drivers of testing. solved oxygen, a critical factor in fall and win- traffic congestion, accidents, and other emer- Requesting Member: Congressman HOW- ter when low oxygen levels can leave trout gencies ahead, and alert drivers to alternate ARD P. ‘‘BUCK’’ MCKEON gasping on the surface near dams. The COE available routes; surveillance and detection Bill Number: H.R. 3183, the ‘‘Energy and will use $7,500,000 to address this issue. cameras to monitor live roadway conditions, Water Development and Related Agencies Ap- Requesting Member: Congressman JOHN provide public access to special event and propriations Act, 2010’’ BOOZMAN road closure information, detect traffic inci- Account: Department of Energy (DOE)—En- Bill Number: H.R. 3183 dents quickly, and manage traffic control sig- ergy Efficiency and Renewable Energy Account: General Investigations nalization remotely. The City of Austin will (EERE) Legal Name of Requesting Entity: Corps of match any federal funds that the delegation Legal Name of Requesting Entity: College of Engineers secures for this project. I certify that neither I the Canyons Address of Requesting Entity: 811 Fayette- nor my spouse has any financial interest in Address of Requesting Entity: 26455 Rock- ville Avenue, Alma, Arkansas, 72921 this project. well Canyon Road, Santa Clarita, CA 91355

VerDate Mar 15 2010 14:45 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00002 Fmt 0689 Sfmt 9920 E:\BR09\E15JY9.000 E15JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD July 15, 2009 EXTENSIONS OF REMARKS, Vol. 155, Pt. 13 17921 Description of Request: I requested and re- Description of Project Request: Funding will Description of Request: $1,075,000 to con- ceived a Member priority request totaling be used for the Painter Creek project, which tinue construction of a flood control plan that $500,000 for the College of the Canyons and aims to restore the hydrology and ecological includes 6 miles of channel widening. its academic partners Alternative Energy function to a major drainage way discharging Bill Number: H.R. 3183 Training Institute. The Institute would use the into Lake Minnetonka. Painter Creek was Account: Investigations funding to create and expand degree and straightened and many of the adjacent wet- Legal Name of Requesting Entity: U.S. training programs focused on alternative ener- lands were drained for agricultural uses in the Army Corps of Engineers gies and to coordinate economic and work- early 1900s. The project focuses on restoring Address of Requesting Entity: 803 Front force development strategies with local and re- those wetlands, increasing the habitat value, Street, Norfolk, VA 23510 gional governments, universities, community and positively affecting water quality, flood Description of Request: The purpose of the colleges, workforce investment systems, and damage reduction, and erosion. I certify that Section 216 Study, $300,000, is to verify that private industry. Programs would include solar this project does not have a direct and fore- the Virginia Department of Environmental and wind energy, green construction, energy seeable effect on the pecuniary interests of Quality’s draft total maximum daily load management, and LEED certification. me or my spouse. Gathright Dam flow modifications, along with Requesting Member: Congressman HOW- f additional proposed nutrient reductions, will ARD P. ‘‘BUCK’’ MCKEON correct the impairment of the Jackson River Bill Number: H.R. 3183, the ‘‘Energy and EARMARK DECLARATION without adversely affecting the approved func- Water Development and Related Agencies Ap- tions of Gathright Dam/Lake Moomaw. propriations Act, 2010’’ HON. PHIL GINGREY f Account: Department of Energy (DOE)— OF GEORGIA EARMARK DECLARATION Science IN THE HOUSE OF REPRESENTATIVES Legal Name of Requesting Entity: California State University San Bernardino Wednesday, July 15, 2009 HON. LAMAR SMITH Address of Requesting Entity: 5500 Univer- Mr. GINGREY of Georgia. Madam Speaker, OF TEXAS sity Parkway, San Bernardino, CA 92407 pursuant to the Republican Leadership stand- IN THE HOUSE OF REPRESENTATIVES Description of Request: I requested and re- ards on earmarks as well as in accordance Wednesday, July 15, 2009 ceived a Member priority request totaling with Clause 9 of Rule XXI, I am submitting the Mr. SMITH of Texas. Madam Speaker, pur- $200,000 for California State University, San following information regarding the earmark I suant to the Republican Leadership standards Bernardino to purchase scientific equipment received as part of H.R. 3183—the Energy on earmarks, I am submitting the following in- (e.g., telescope) for a state-of-the-art teaching and Water Development Appropriations Act of formation regarding earmarks I received as and research observatory. The observatory 2010. part of the FY 2010 Labor, Health and Human would help meet the need for an increase in Requesting Member: Congressman PHIL Services, Education, and Related Agencies science and math competency and education GINGREY Appropriations Act. and teacher preparation. Additionally, as a mi- Bill Number: H.R. 3183 Requesting Member: Congressman LAMAR nority-serving university, CSUSB’s observatory Account: Construction SMITH would be fundamental to an innovative under- Legal Name of Requesting Entity: U.S. Bill Number: FY 2010 Labor, Health and graduate physics and astronomy curriculum Army Corps of Engineers, Savannah District Human Services, Education, and Related for improving minority access to careers in as- Address of Requesting Entity: 100 W. Agencies Appropriations Act tronomy and astrophysics. Oglethorpe Ave., Savannah, GA 31401 Account: Department of Education—Ele- f Description of Request: The $2,000,000 in mentary & Secondary Education construction funding will be used to begin con- PERSONAL EXPLANATION Legal Name of Requesting Entity: New struction of the Savannah Harbor Expansion Braunfels Independent School District Program. While the Record of Decision will not Address of Requesting Entity: 430 W. Mill HON. J. GRESHAM BARRETT be signed until mid-2010, these funds can be Street, New Braunfels, TX 78130 OF SOUTH CAROLINA used for final pre-construction monitoring and Description of Request: I have secured IN THE HOUSE OF REPRESENTATIVES engineering design of the channel and mitiga- $350,000 for the Texas State University to im- Wednesday, July 15, 2009 tion components for the project. Additionally, plement Texas Mathworks at the New these funds will be needed immediately after Mr. BARRETT of South Carolina. Madam Braunfels Independent School District. It is my project approval for negotiation of the Project Speaker, unfortunately I missed recorded understanding that funding of the project Partnership Agreement. Construction contracts votes on the House floor on Monday, July 13, would enable Texas Mathworks to provide cannot be awarded prior to the completion of 2009. NBISD with specialized training for teachers in Had I been present, I would have voted this agreement. math and impact 600 students during the ‘‘nay’’ on rollcall vote No. 530 (On Motion to f school year. Texas Mathworks is a center for Adjourn). mathematics education formed by Texas State EARMARK DECLARATION University System to develop model programs f and self-sustaining learning communities that EARMARK DECLARATION HON. BOB GOODLATTE engage Texas K–12 students in doing mathe- OF VIRGINIA matics at a high level. Texas Mathworks HON. ERIK PAULSEN IN THE HOUSE OF REPRESENTATIVES proves to be an effective model for engaging OF MINNESOTA Wednesday, July 15, 2009 and retaining students’ interest in math and IN THE HOUSE OF REPRESENTATIVES science, enabling teachers to effectively teach Mr. GOODLATTE. Madam Speaker, pursu- it at the highest levels. I certify that neither I Wednesday, July 15, 2009 ant to the Republican Leadership standards nor my spouse has any financial interest in Mr. PAULSEN. Madam Speaker, pursuant on earmarks, I am submitting the following in- this project. to the Republican standards on member re- formation regarding earmarks I received Requesting Member: Congressman LAMAR quests, I am submitting the following informa- aspart of H.R. 3183, FY2010 Departments of SMITH tion regarding congressionally directed appro- Energy and Water Appropriations Act. Bill Number: FY 2010 Labor, Health and priations projects I sponsored as part of H.R. Requesting Member: Congressman BOB Human Services, Education, and Related 3183, FY 2010 Energy and Water Appropria- GOODLATTE Agencies Appropriations Act tions Bill. Bill Number: H.R. 3183 Account: Department of Education— Account: Corps of Engineers Construction Account: Construction HRSA—Health Facilities and Services Requesting entity: The Minnehaha Creek Legal Name of Requesting Entity: U.S. Legal Name of Requesting Entity: Eastside Watershed District (MCWD) Army Corps of Engineers/City of Roanoke, VA Eyecare Clinic, San Antonio, TX Address: 18202 Minnetonka Blvd. Address of Requesting Entity: 215 Church Address of Requesting Entity: 2547 E. Com- Deephaven, MN 55391 Street, Roanoke, Virginia merce Street, San Antonio, TX 78203

VerDate Mar 15 2010 14:45 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00003 Fmt 0689 Sfmt 9920 E:\BR09\E15JY9.000 E15JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD 17922 EXTENSIONS OF REMARKS, Vol. 155, Pt. 13 July 15, 2009 Description of Request: I have secured its projected half million visitors; one third of Amount: $0—It is a named project $250,000 for the Eastside Eyecare Clinic for whom are schoolchildren whose curriculum is Legal Name of Requesting Entity: Iowa De- facilities and equipment. It is my under- interwoven with programs that align with partment of Natural Resources standing that one hundred percent of the re- Texas Essential Knowledge and Skills, TEKS. Address of Requesting Entity: 205 E. 9th quested funding will be used to purchase The South Texas Heritage Center is but one St., Des Moines, IA 50319– equipment and technology for the clinical labs component of the expansion with the appro- Description of Request: Any funding se- in the Eastside Eyecare Clinic and the School priation request focused on promoting edu- cured will be used to continue the joint project of Optometry. These labs will offer clinical op- cational outreach by providing funding for the between the Storm Lake Improvement Group, tometry services, especially in the field of pe- design and development of these exhibits, as The U.S. Army Corps of Engineers and the diatric and geriatric optometric services. Fed- well as, their fabrication and installation. I cer- Iowa Department of Natural Resources to im- eral investment in the proposed Eastside tify that neither I nor my spouse has any finan- prove the aquatic species habitat in the Storm Eyecare Clinic will provide new and enhanced cial interest in this project. Lake watershed and to restore the wetland health services to a traditionally underserved function of Little Storm Lake. f The 190 acre Little Storm Lake is located in population that is largely African-American, the northwest corner of Storm Lake in Storm with a standard of living consistently below the EARMARK DECLARATION Lake, Iowa. Little Storm Lake originally had poverty line. This initiative will also provide the ability to remove much of the sediment new educational opportunities in optometry to HON. STEVE KING from incoming waters. Unfortunately, the abil- populations historically underrepresented in OF IOWA ity to accomplish these tasks has dwindled this field. In addition, the establishment of a IN THE HOUSE OF REPRESENTATIVES due to the reduced vegetative diversity. Reha- Community Clinic in the East Side will have Wednesday, July 15, 2009 bilitating the ecosystem will require addressing the extra benefit of spurring economic devel- loss of native plant communities, nutrient and opment in this long-impoverished area. I cer- Mr. KING of Iowa. Madam Speaker, pursu- sediment loading, and resuspension. tify that neither I nor my spouse has any finan- ant to the Republican Leadership standards Restoration of the wetland function of the cial interest in this project. on earmarks, I am submitting the following in- Little Storm Lake is an essential component of Requesting Member: Congressman LAMAR formation regarding earmarks I received as the Storm Lake restoration project, which has SMITH part of H.R. 3183, the Energy and Water De- been undertaken to improve the water quality Bill Number: FY 2010 Labor, Health and velopment and Related Agencies Appropria- of Storm Lake. The water quality of Storm Human Services, Education, and Related tions Act, 2010. Lake is vital to the local community as annual Agencies Appropriations Act Requesting Member: Congressman STEVE Account: Department of Education— KING visitors to the lake spent an average of $10.14 HRSA—Health Facilities and Services Bill Number H.R. 3183, the Energy and million annually that in turn supports 728 jobs Legal Name of Requesting Entity: University Water Development and Related Agencies Ap- and $9.79 million of labor income in the re- of Texas Health Science Center at San Anto- propriations Act, 2010 gion. Requesting Member: Congressman STEVE nio Account: Bureau of Reclamation, Water and KING Address of Requesting Entity: 7703 Floyd Related Resources Bill Number H.R. 3183, the Energy and Curl Drive, San Antonio, TX 78229 Amount: $6,000,000 Water Development and Related Agencies Ap- Description of Request: I have secured Legal Name of Requesting Entity: Lewis and propriations Act, 2010 Clark Regional Water System $150,000 for the University of Texas Health Account: Department of Energy, EERE Science Center for facilities and equipment. It Address of Requesting Entity: 401 E. 8th Amount: $500,000 is my understanding that the funds will be St., Suite 306, Sioux Falls, SD 57103 Legal Name of Requesting Entity: Western spent on space development/renovations, fac- Description of Request: This funding will be Iowa Tech Community College ulty recruitment start-up costs, equipment pur- used to continue construction of the The Lewis Address of Requesting Entity: 4647 Stone chases and maintenance, supplies and travel, and Clark Regional Water System, the objec- Avenue, Sioux City, IA 51106– and innovative discovery research seed tive of which is to build and operate a tri-state Description of Request: These funds will be projects. Understanding the pathogenesis and water system that will provide high quality used to help develop the Wind Energy pro- clinical management of airway diseases water to the region it will serve, which will im- gram of study at Western Iowa Tech Commu- through basic science, clinical and prove the quality of life and expand economic nity College, including the acquisition of equip- translational research innovation and collabo- development opportunities. ment and technology for the design of the rations will provide important insights as to When completed, the Lewis & Clark Re- wind power engineering curriculum at the Col- how to interrupt respiratory disease progres- gional Water System will be a wholesale sup- lege. Federal funds will be used to purchase sion and improve health for many millions of plier of treated water to 20 cities and rural a wind turbine and laboratory equipment for Texas citizens and hundreds of millions water systems in northwest Iowa, southeast technician skills training. The funding will help throughout the U.S. and beyond. I certify that South Dakota, and southwest Minnesota. to provide an enhanced training program de- neither I nor my spouse has any financial in- Lewis & Clark represents a unique regional signed to attract, retain, and develop skills and terest in this project. approach by the three states and the 20 local competencies at the technician level to main- Requesting Member: Congressman LAMAR sponsors to address common problems with tain and grow the economic competitiveness SMITH area water resources in a more effective and of the wind energy industries. Bill Number: FY 2010 Labor, Health and cost-efficient way than each state, town, or Training will encompass understanding the Human Services, Education, and Related rural water system could do alone. Regional design of a wind farm and the electricity power Agencies Appropriations Act water problems include shallow wells and grid; the erection of wind turbines; wiring the Account: Institute of Museum & Library aquifers prone to contamination and drought, turbines to the electric power grid; and sched- Services—Museums and Libraries compliance with new federal drinking water uling and performing routine maintenance on Legal Name of Requesting Entity: Witte Mu- standards, and increasing water demand due the turbines’ electrical components and col- seum to population growth and economic expansion. umns. Address of Requesting Entity: 7703 Floyd Indeed, recently a cheese factory, which cre- This project will build Western Iowa Tech Curl Drive, San Antonio, TX 78229 ated many jobs, opened in Hull, Iowa, which Community College’s capacity to increase the Description of Request: I have secured many have suggested would not have been pipeline of workers for the Wind Energy indus- $100,000 for the Witte Museum for exhibits possible without the emergency connection try. As a result of this project, the College will and education outreach. It is my under- built to the town to support their recent growth. have the ability to prepare up to 33 degree- standing that funding will be used to preserve Requesting Member: Congressman STEVE seeking workers annually for employment in and promote the culture and heritage of South KING the industry. The overarching impact is to in- Texas. To this end, the Witte is working close- Bill Number H.R. 3183, the Energy and crease the educational attainment and skills ly with local educators to develop and refine Water Development and Related Agencies Ap- levels of area residents by positioning them for programs and exhibits that will promote its propriations Act, 2010 careers as technicians in the Wind Energy in- mission by expanding educational outreach to Account: Corps of Engineers, Section 206 dustry.

VerDate Mar 15 2010 14:45 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00004 Fmt 0689 Sfmt 9920 E:\BR09\E15JY9.000 E15JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD July 15, 2009 EXTENSIONS OF REMARKS, Vol. 155, Pt. 13 17923 The development of this program at WIT will Account: Corps of Engineers—O&M Provision: Title II, Department of Energy, also add to local economic development ef- Legal Name of Requesting Entity: Corps of Energy Efficiency and Renewable Energy forts to continue to attract additional employ- Engineers Legal Name of Requesting Entity: University ers within the wind energy industry to the re- Address of Requesting Entity: 1645 South of South Carolina Aiken gion. 101 East Ave. Tulsa, OK 74128 Address of Requesting Entity: 471 Univer- f Description of Request: Provide an earmark sity Parkway, Aiken SC 29801 of $3,000,000.00 to fund the modernizing the Description of Request: The purpose of this EARMARK DECLARATION 1976/78 Corps of Engineers Lake Texoma appropriation is to provide $456,000 for the Master Plan, Environmental Impact Statement, University of South Carolina Aiken, USCA, HON. TOM COLE and 1996 Shoreline Management Plan is crit- Biofuels Laboratory in Aiken SC. A key ele- OF OKLAHOMA ical to future regional development. Expedited ment to solve U.S. energy supply problems is IN THE HOUSE OF REPRESENTATIVES federal funding to update these critical plans the development of renewable fuels such as will greatly enable resolution of critical inter- hydrogen, and one of the most environ- Wednesday, July 15, 2009 state and intrastate water use issues and ef- mentally friendly ways that hydrogen can be Mr. COLE. Madam Speaker, pursuant to the fective and balanced planning, zoning and de- produced is biologically by bacteria. For the Republican Leadership standards on ear- velopment around Lake Texoma. The updated past year, the USC, with the support of the marks, I am submitting the following informa- Master and related plans will involve public Aiken/Edgefield Economic Development Part- tion regarding earmarks I received as part of and business participation and will be essen- nership has engaged in research at the Aiken H.R. 3183—Energy and Water Development tial to manage future development and dif- County Center for Hydrogen Research to iso- and Related Agencies Appropriations Act, for ferent interests in the Lake Texoma and sur- late and develop bacteria that generate large FY2010 rounding areas. amounts of hydrogen. Also, USCA has been Requesting Member: Congressman TOM Requesting Member: Congressman TOM working on the process of embedding bacteria COLE COLE with high hydrogen production potentials into Bill Number: H.R. 3183 Bill Number: H.R. 3183 latex mats that can be used to produce hydro- Provision: Title III Provision: Title I gen. The requested funds will enable USCA to Account: DOE—EERE Account: Corps of Engineers—Investigations become a full partner in the establishment of Legal Name of Requesting Entity: ‘‘The Uni- Legal Name of Requesting Entity: Oklahoma a bio-energy research center. Specifically, the versity of Oklahoma’’ Water Resources board funding will allow USCA to purchase equip- Address of Requesting Entity: 660 Address of Requesting Entity: 3800 North ment that will make it possible to screen hun- Parrington Oval, Norman OK 73019 Classen Blvd., OK 73118 dreds of bacterial isolates in a short period of Description of Request: Provide an earmark Description of Request: Provide an earmark time and to fund a full-time laboratory techni- for $500,000.00 to develop technologies for of $300,000.00 to conduct a study. Area cov- cian. I certify that this project does not have a improved, highly efficient processes for pro- ers a 29 county area in southeast Oklahoma, direct and foreseeable effect on the pecuniary duction of biomass-derived liquid fuels com- including the Kiamichi River Basin and other interests of me or my spouse. patible with the existing fuels infrastructure. tributaries of the Red River. The Oklahoma Requesting Member: Congressman J. The specific initial research projects will focus Water Resources Board signed the FCSA in GRESHAM BARRETT on critical aspects of an integrated process for July 2001, halted the study in 2002 due to a Bill Number: H.R. 3183 thermochemical/catalytic conversion of lack of State funds, but requested restarting Provision: Title II, Department of Energy, lignocellulosic biomass to green gasoline and the study and focusing the study on stream Energy Efficiency and Renewable Energy diesel, and chemicals—i.e., hydrocarbons flows, habitat analysis and water supply. Study Legal Name of Requesting Entity: Clemson compatible with the existing fuels and chemi- results will be integrated into the OK State University cals infrastructure. Such a process will make Comprehensive Water Planning initiative. Address of Requesting Entity: 300 Brackett use of our State’s agricultural resources to Requesting Member: Congressman TOM Hall, Box 5702, Clemson University, Clemson provide environmentally improved fuels that COLE SC 29634 will significantly increase domestic fuel sup- Bill Number: H.R. 3183 Description of Request: The purpose of this plies to meet growing demand without increas- Provision: Title I appropriation is to provide $1,000,000 for the ing dependence on imported petroleum feed- Account: Corps of Engineers—Investigations construction and operation of the Clemson stocks. Legal Name of Requesting Entity: Oklahoma University Cellulosic Biofuel Pilot Plant to be Requesting Member: Congressman TOM Water Resources board built in Charleston, SC. As our nation looks to COLE Address of Requesting Entity: 3800 North expand our renewable energy portfolio, this Bill Number: H.R. 3183 Classen Blvd., OK 73118 funding would be used to construct and oper- Provision: Title III Description of Request: Provide an earmark ate a pilot plant at a brownfield industrial site Account: DOE—Fossil Energy R&D of $250,000.00 to conduct a feasibility study to in Charleston SC, to scale-up commercially Legal Name of Requesting Entity: ‘‘The Uni- develop a Washita River Watershed manage- viable technology for conversion of cellulosic versity of Oklahoma’’ ment plan. feedstocks from the coastal plains, i.e. trees, Address of Requesting Entity: 660 f wood residuals, and row crops, to bio-fuels Parrington Oval, Norman OK 73019 and other higher value products. Clemson has Description of Request: Provide an earmark EARMARK DECLARATION partnered with the Savannah River National for $500,000.00 for new technology in the Laboratory and South Carolina State Univer- form of next generation microemulsion tech- HON. J. GRESHAM BARRETT sity to bring together complimentary strengths nology now exists to increase the production OF SOUTH CAROLINA that support a vertically integrated systems ap- from these fields and recover as much as an IN THE HOUSE OF REPRESENTATIVES proach addressing issues from feedstock to additional 30 percent of this oil. By bringing consumer distribution. I certify that this project Wednesday, July 15, 2009 this technology to the small, independent oil does not have a direct and foreseeable effect producers who produce most of our domestic Mr. BARRETT of South Carolina. Madam on the pecuniary interests of me or my onshore oil, we can significantly slow the de- Speaker, pursuant to the Republican Leader- spouse. crease in US domestic oil production, reduce ship standards on earmarks, I am submitting Requesting Member: Congressman J. oil imports, improve the US balance of trade, the following information regarding earmarks I GRESHAM BARRETT and create tens of thousands of new, high received as part of the House passed version Bill Number: H.R. 3183 paying jobs, without drilling in environmentally of H.R. 3183, the Energy and Water Develop- Provision: Title I, Corps of Engineers Inves- sensitive areas. ment and Related Agencies Appropriations tigations Requesting Member: Congressman TOM Act, 2010. Legal Name of Requesting Entity: U.S. COLE Requesting Member: Congressman J. Army Corps of Engineers, Savannah District Bill Number: H.R. 3183 GRESHAM BARRETT Address of Requesting Entity: 100 W. Provision: Title I Bill Number: H.R. 3183 Oglethorpe Ave., Savannah GA 31401

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Description of Request: The purpose of this IN HONOR AND RECOGNITION OF Requesting Member: Congressman PETE appropriation is to provide $1,000,000 for DAVID O. FRAZIER HOEKSTRA Phase II of the Savannah River Basin Com- Bill Number: H.R. 3183 prehensive Study. Section 414 of the Water HON. DENNIS J. KUCINICH Account: Army Corps of Engineers, Oper- Resources Development Act of 1996 (PL 104– OF OHIO ations and Maintenance 303) authorized a Savannah River Basin Com- IN THE HOUSE OF REPRESENTATIVES Legal Name of Requesting Entity: Detroit prehensive Water Resources Study in order to Wednesday, July 15, 2009 District of the U.S. Army Corps of Engineers Address of Requesting Entity: 477 Michigan develop an updated plan addressing current Mr. KUCINICH. Madam Speaker, I rise Avenue, Detroit, MI 48226–2550 and future needs in the basin, examine re- today in honor and recognition of David O. Description of Request: Provide $170,000 allocation of storage at Corps of Engineers Frazier, actor, singer, author and lyricist, on for operations and maintenance of Arcadia multi-purpose projects, and to develop a better the occasion of his 70th birthday, and in rec- Harbor. Provide $185,000 for operations and management structure to address basin water ognition of his recent induction into the Cleve- maintenance of Pentwater Harbor. This re- resources issues. The study was initiated in land Playhouse Hall of Fame for Outstanding quest is consistent with the intended and au- 2000 upon agreement by the Corps and the Achievement in Theatre. thorized purpose of the Army Corps of Engi- states of Georgia and South Carolina. How- Mr. Frazier began his entertainment career neers, Operations and Maintenance account. as a child, under the instruction of piano ever, federal funding for this project has not teacher Nelly Kelly, the aunt of Princess f been appropriated by Congress since fiscal Grace of Monaco. During his teenage years, HONORING GARRETT MARK JONES year 2006, and Phase II of the study has yet he learned about hard work by picking cotton to be completed. The completion of the sec- in Texas. As a young man, fate guided him to HON. SAM GRAVES ond phase of the Comprehensive Study will Cleveland, where he began his professional OF MISSOURI generate new operating guidelines for the allo- career at the Cleveland Playhouse. Mr. Frazier IN THE HOUSE OF REPRESENTATIVES cation of the water stored at the three Federal has appeared in over 150 productions. More- reservoirs in the Savannah River basin, pos- over, Mr. Frazier’s unwavering commitment Wednesday, July 15, 2009 sibly changing the water allocations for hydro- and advocacy on behalf of the arts was a crit- Mr. GRAVES. Madam Speaker, I proudly power, water supply, and flood damage reduc- ical factor in saving the Cleveland Playhouse pause to recognize Garrett Mark Jones, a very tion. I certify that this project does not have a from demolition. His appearance in the record- special young man who has exemplified the direct and foreseeable effect on the pecuniary breaking two and a half year run in the pro- finest qualities of citizenship and leadership by interests of me or my spouse. duction of ‘‘Jacques Brel is Alive and Well and taking an active part in the Boy Scouts of Living in Paris’’ at the Playhouse Square America, Troop 360, and in earning the most f Foundation stopped the demolition of and re- prestigious award of Eagle Scout. vived Cleveland’s five historic theatre houses. Garrett has been very active with his troop EARMARK DECLARATION Today, Playhouse Square is the second larg- participating in many scout activities. Over the est performing arts complex in the nation. many years Garrett has been involved with Mr. Frazier has performed on private and scouting, he has not only earned numerous HON. GREGG HARPER public stages around the world, singing, danc- merit badges, but also the respect of his fam- ing and writing his way into the hearts of audi- OF MISSISSIPPI ily, peers, and community. ences ranging from accomplished writers and Madam Speaker, I proudly ask you to join IN THE HOUSE OF REPRESENTATIVES actors, heads of state, and thousands of the- me in commending Garrett Mark Jones for his atre patrons. He co-wrote his one man show, accomplishments with the Boy Scouts of Wednesday, July 15, 2009 ‘‘Conversations with an Irish Rascal,’’ with his America and for his efforts put forth in achiev- partner and collaborator of more than thirty ing the highest distinction of Eagle Scout. Mr. HARPER. Madam Speaker, pursuant to years, Joe Garry. Together, Mr. Frazier and f the Republican Leadership standards on ear- Mr. Garry have co-written and co-produced fif- marks, I am submitting the following informa- teen original musicals. Mr. Frazier also ap- HONORING COLONEL VAN R. tion regarding earmarks I received as part of peals to young audiences in his starring role MAYHALL ON THE OCCASION OF H.R. 3183—Energy and Water Development on NBC’s children series, ‘‘Hickory Hideout,’’ HIS 90TH BIRTHDAY and Related Agencies Appropriations Act, for which he was awarded an Emmy Award. 2010: Madam Speaker Colleagues, please join me HON. BILL CASSIDY in honor of Mr. David O. Frazier, whose pas- Requesting Member: Congressman GREGG OF LOUISIANA sion for music, limitless talent and unwavering HARPER dedication to the theatre has served as a IN THE HOUSE OF REPRESENTATIVES Bill Number: H.R. 3183 source of entertainment and inspiration for au- Wednesday, July 15, 2009 Account: EERE—Biomass and Biorefinery diences in Cleveland, Ohio and throughout the Mr. CASSIDY. Madam Speaker, I rise today Systems R&D world. Furthermore, his dedication to pro- to lead the 111th Congress of the United moting and preserving theatre in Cleveland Project Name: Sustainable Energy Re- States of America in honoring Colonel Van R. has enriched the diverse culture of the entire search Center Mayhall, USAR (Ret.), on the occasion of his community. I wish Mr. Frazier a very happy 90th birthday. Recipient and Address: Mississippi State birthday and congratulations on his induction Born near Baton Rouge, Louisiana on July University, P.O. Box 9632, Mississippi State to the Cleveland Playhouse Hall of Fame. 24, 1919, Van Robinson Mayhall has lived in 39762 f Baton Rouge nearly all his 90 years. In fact, Amount: $1,500,000 EARMARK DECLARATION the longest he was ever away from home was Description: The goal of the Sustainable En- while fighting to defend America overseas. Colonel Mayhall graduated from Catholic High ergy Research Center, SERC, at Mississippi HON. PETER HOEKSTRA School and attended Louisiana State Univer- State University is to develop new engineering OF MICHIGAN sity until the outbreak of World War II. He IN THE HOUSE OF REPRESENTATIVES and scientific knowledge and to serve as a joined the Louisiana National Guard at age 17, catalyst to create renewable transportation fuel Wednesday, July 15, 2009 and in December 1941, after the Japanese at- industries in the Southeastern US. Renewable Mr. HOEKSTRA. Madam Speaker, pursuant tack on Pearl Harbor, enlisted in the United transportation fuel platforms under develop- to the House Republican standards on ear- States Army. He rose to the rank of Captain ment by SERC include bio-oil, biocrude, and marks, I am submitting the following informa- in the European Theater, serving as aide to syngas to gasoline. All of these fuels focus on tion regarding funding that will benefit the Sec- General William Weaver and seeing combat in the use of non-food, lignocellulosic feedstock, ond Congressional District of Michigan as part France and Germany, including the Battle of especially woody biomass. of H.R. 3183. Hurtgen Forest and the Battle of the Bulge. In

VerDate Mar 15 2010 14:45 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00006 Fmt 0689 Sfmt 9920 E:\BR09\E15JY9.000 E15JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD July 15, 2009 EXTENSIONS OF REMARKS, Vol. 155, Pt. 13 17925 recognition of his courageous service in com- Address of Requesting Entity: 840 N. South Project was authorized in WRDA 2007 bat, Colonel Mayhall received numerous Boonville, Springfield, MO 65802 as a component of the Comprehensive Ever- awards and honors, including the Bronze Star Description of Request: $700,000 was in- glades Restoration Plan. The project will help and the Silver Star for his bravery under cluded in the bill to construct a Compressed clean and restore the fragile ecosystem and is enemy fire. Colonel Mayhall was honorably Natural Gas (CNG) fuel station for use by a 50/50 partnership with the State and local discharged from the Army following the war, local, county and State agencies to refuel agencies. This project is funded through the and his commitment to his community and his CNG vehicles. The use of taxpayer funds is Army Corps of Engineers Construction Ac- country continued. Then-Captain Mayhall re- justified because this is a cost effective way to count. mained in the Army Reserves until retirement, fuel government vehicles while reducing de- All of my projects are congressionally au- achieving the rank of Colonel. pendency on foreign oil. thorized and go only to public government After his five year deployment, he was re- f agencies. united with his wife, Marie Roques Mayhall, f with whom he raised five children, fourteen EARMARK DECLARATION HONORING MR. DONALD K. ALLEN grandchildren, and two great-grandchildren, with one more on the way. He fully dedicated HON. THOMAS J. ROONEY himself to the Baton Rouge community, volun- OF FLORIDA HON. TIM RYAN teering on behalf of his church, military and IN THE HOUSE OF REPRESENTATIVES OF OHIO IN THE HOUSE OF REPRESENTATIVES veterans groups, and charitable organizations. Wednesday, July 15, 2009 In 1999, his own World War II memoir, Crank- Wednesday, July 15, 2009 Mr. ROONEY. Madam Speaker, pursuant to ing Up A Fine War, was released and re- Mr. RYAN of Ohio. Madam Speaker, I am ceived favorable reviews. In 2006, in recogni- the Republican leadership standards on ear- marks, I am submitting the following informa- submitting the obituary of man that contributed tion of an extraordinary lifetime of service and much to our community and did so in so many achievements, he was inducted into the Lou- tion regarding earmarks I received as part of H.R. 3183—Energy and Water Development ways. He was a friend, a supporter and an ex- isiana Veterans’ Hall of Honor. ample to all of us. Colonel Mayhall’s life is a testament to the and Related Agencies Appropriations Act, 2010. NILES.—Donald K. Allen, 79, Niles, died at spirit of the Greatest Generation. It is also an 6:15 a.m. Friday, March 28, 2008, at the Hos- ongoing tribute to his brothers in arms who Five of my requests were funded in this bill, pice House in Poland, following an extended never returned home to live the American and all are previously congressionally author- illness. dream as Colonel Mayhall has. It is a great ized projects. Mr. Allen was born Feb. 4, 1929, in New honor that the position to which I have been $350,000: St. Lucie Inlet, Martin County, FL. Martinsville, W.Va., a son of the late Harold elected offers me the opportunity to lead the The entity to receive the funds for the project Roy and Ruby Mason Allen. He was a graduate of Magnolia High Congress of the United States of America, on is Martin County, FL located at 2401 S.E. Monterey Road, Stuart, FL 34996. The funding School, where he was a four-year football the occasion of Colonel Van R. Mayhall’s 90th letter winner and captain of his 1946 football birthday, in expressing the respect, admiration will go to a congressionally authorized project squad. He recently received the Magnolia and thanks of a grateful Nation for his service to dredge the inlet. This project is funded High School Alumni Life Achievement to his country, as well as a very happy birth- through the Army Corps of Engineers Oper- Award, honoring student athletes from their day on July 24, 2009. ations and Maintenance Account. era. Following high school, he went on to Youngstown College on a football scholar- f $1,000,000: St. Lucie County, FL, Fort Pierce Beach. The entity to receive the funds ship. He also attended Northwestern Univer- EARMARK DECLARATION for the project is St. Lucie County, FL located sity. at 2300 Virginia Ave., Fort Pierce, FL 34982. Donald served in the U.S. Army as a ser- geant during the Korean Conflict, and went HON. ROY BLUNT The funding will be used on a congressionally on to serve in the National Guard for 17 OF MISSOURI authorized project to restore the beaches sev- years. He was employed at the Niles Police De- IN THE HOUSE OF REPRESENTATIVES erally degraded by jetties which protect the federally-maintained inlet. This project is fund- partment in 1954 as a patrolman. Donald was Wednesday, July 15, 2009 ed through the Army Corps of Engineers In- the owner and operator of Associated Re- Mr. BLUNT. Madam Speaker, pursuant to vestigations Account. search Consultants as a Licensed Polygraph $350,000: Martin County, FL. The entity to Operator. He then went on to work at Repub- the House Republican standards on earmarks, lic Steel in the Production Planning and I am submitting the following information re- receive the funds for the project is Martin Transportation Department. He continued to garding earmarks I received as part of H.R. County, FL located at 2401 S.E. Monterey serve for 20 years as the president of the of- 3183, the Department of Energy and Water Road, Stuart, FL 34996. The funding will be fice and clerical Union Local 6824. Donald Appropriations for Fiscal Year 2010. used for the federally authorized Hutchinson proudly served under Mayor Ralph Infante’s Bill Number: H.R. 3183 Island Shore Protection Project that provides administration since 1992. First serving as Account: Department of Energy EERE for a protective berm and storm dune and safety director and presently as service di- Project Title: MARET Center periodic nourishment of the restored beach. rector for the City of Niles. His memberships include: Past member of Legal Name of Requesting Entity: Crowder This project is funded through the Army Corps the United Way Charity Committee; former College of Engineers Construction Account. member of the Niles Football Frontliners; 58- Address of Requesting Entity: 601 Laclede $130,000,000: Herbert Hoover Dike. The year member of the Niles McKinley Lodge Ave., Neosho, MO 64850 entity to receive funding for the project is the 794 of Free and Accepted Masons, where he Description of Request: $1.5 million will be U.S. Army Corps of Engineers, 701 San was a 32nd degree mason; Past worthy presi- used toward design, engineering and con- Marco Blvd., Jacksonville, FL 32207. The dike dent and 47 year member of the Niles Eagles struction at the MARET Center. The use of is a federally maintained structure that is cur- Aerie 1476, where he was given the honor of taxpayer funds is justified because the funding rently undergoing rehabilitation to ensure the the Golden Eagle; Ben Lin Club member; continued safety of the communities around Charter member ITAM Post 39; American Le- will be used in part to fund the new center gion Post 106; 40-year member of the Niles which will be for delivery of new business and the lake. This project is funded through the Moose Lodge 627; and Niles Moose Legion 87; incubator services and education and training Army Corps of Engineers Construction Ac- past commissioner for Niles Youth Baseball programs in renewable construction tech- count. League; lifetime member of the Niles Men’s nologies and renewable energy. As we know, $210,239,000: South Florida Everglades Democratic Club and Former Trumbull the building sector consumes 48 percent of Ecosystem Restoration, FL. Of this total, about County Democratic Central committeeman the nation’s energy. Programs like the MARET $22,000,000 is for the Indian River Lagoon for 28 years. His loving wife, Edna Mae Sheets Allen, Center will help lower both usage and cost. which Representative ROONEY requested. The whom he married Dec. 1, 1951, passed away Account: Department of Energy EERE entity to receive funding for this project is the after 46 years of marriage on Nov. 14, 1997. Project Title: Natural Gas Fueling Facility South Florida Water Management District lo- Survivors include a son, William, and his Legal Name of Requesting Entity: City of cated at 3301 Gun Club Road, West Palm wife, Karen Infante Allen of Niles; two Springfield, Missouri Beach, FL 33406. The Indian River Lagoon- granddaughters, Jennifer and Melanie Allen.

VerDate Mar 15 2010 14:45 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00007 Fmt 0689 Sfmt 0634 E:\BR09\E15JY9.000 E15JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD 17926 EXTENSIONS OF REMARKS, Vol. 155, Pt. 13 July 15, 2009 He was preceded in death by his parents; Water Recycling Project. Construction of the chemicals. This proposed initiative will cap- two brothers, Bruce and Robert Allen; three project is underway, and FY 2010 funding will italize on this infrastructure investment by sisters, Wilma Games, Maxine Tackett, and be used 50% for purple pipe and 50% for stor- using systems-based approaches to develop Beulah Hawkins. Funeral services will be held 1 p.m. Mon- age tanks. When complete, the project will bioenergy solutions based primarily on forest day at Lane Funeral Home, Niles Chapel, 415 yield 100,000 acre-feet of new recycled water residues, previously unmarketable small-di- Robbins Ave. Calling hours will be from 4 to annually. The project is authorized in P.L. ameter trees, and other underutilized woody 8 p.m. Sunday at the funeral home. Burial 108–361, Title 1, Section 103(d)(3) and addi- biomass feedstocks. Alabama has been a will be at Niles City Cemetery. tional specific authorization is provided in P.L. leader in the Nation in biomass fuel and this Memorial contributions can be made to the 110–161, Sec. 210. The total project cost is project will allow the continued research and Hospice House, 9803 Sharrott Road, Poland, $226 million. As is consistent with law, the development of this renewable fuel source. Ohio 44514. Federal share is capped at $20 million, which Project Name: Western Baldwin County, AL f is less than 10% of the total cost of the Grid Interconnection EARMARK DECLARATION project. Requesting Member: Congressman JO BON- Requesting Member: Representative DAVID NER HON. DAVID DREIER DREIER Bill Number: H.R. 3183 Bill Number: H.R. 3183, Energy and Water Account: Department of Energy, Electricity OF CALIFORNIA Development and Related Agencies Appro- Delivery and Energy Reliability IN THE HOUSE OF REPRESENTATIVES priations Act, FY2010 Legal Name of Requesting Entity: Utilities Wednesday, July 15, 2009 Account: Army Corps of Engineers, General Board of the City of Foley, AL Address of Requesting Entity: 413 East Lau- Mr. DREIER. Madam Speaker, pursuant to Investigations Legal Name of Requesting Entity: Los An- rel Avenue, Foley, AL 36535 the Republican leadership standards on ear- Description of Request: Provide an earmark geles County Flood Control District marks, I am submitting the following informa- of $500,000 to this public utility to construct a Address of Requesting Entity: 900 South tion regarding earmarks I received as part of new interconnection point to the transmission Fremont Avenue, Alhambra, California 91802 H.R. 3183, Energy and Water Development grid for the purpose of providing additional Description of Request: Provide an earmark and Related Agencies Appropriations Act, electric capacity and increased reliability to a of $600,000 to continue a feasibility study and FY2010 rapidly growing section of southwest Alabama. ultimately a watershed management plan Requesting Member: Congressman DAVID $500,000 [or 100%] will be used to purchase which will focus on the restoration of the nat- DREIER transformers, arresters, breakers, regulators ural hydrologic function of the watershed and Bill Number: H.R. 3183, Energy and Water and other equipment. The total estimated cost the management of water resources and water Development and Related Agencies Appro- of this project is $2,500,000 and the Utilities quality improvement including habitat and rec- priations Act, FY2010 Board of the City of Foley will provide approxi- Account: Bureau of Reclamation, Water and reational resource restoration. The estimated mately 80 percent of required funding. Project Related Resources total project cost is $2.7 million with more than will provide stability and recovery of the elec- Legal Name of Requesting Entity: San Ga- 50% provided by local, non-federal funds. tric system in the event of a natural disaster briel Basin Water Quality Authority f Address of Requesting Entity: 1720 West and will employ at least 20–30 contract em- Cameron Avenue, Suite #100, West Covina, EARMARK DECLARATION ployees. Project Name: Alabama River Lakes, AL California 91790 Requesting Member: Congressman JO BON- Description of Request: Provide an earmark HON. JO BONNER NER of $4,000,000 for the San Gabriel Basin Res- OF ALABAMA Bill Number: H.R. 3183 toration Fund to continue the design, construc- IN THE HOUSE OF REPRESENTATIVES Account: Operations & Maintenance tion, and operation of water projects to contain Wednesday, July 15, 2009 Legal Name of Requesting Entity: U.S. and treat the spreading groundwater contami- Corps of Engineers nation in the San Gabriel and Central Water Mr. BONNER. Madam Speaker, I submit the Address of Requesting Entity: Mobile Dis- Basins. The San Gabriel Basin Water Quality following: trict, Mobile, AL 36602 Authority was established by California State Project Name: Auburn University, Biomass Description of Request: Provide an earmark law under SB1679 in 1993 to develop, finance to Liquid Fuels and Electric Power Research (which was also requested by the President in and implement groundwater treatment pro- Requesting Member: Congressman JO BON- his FY 2010 annual Corps priorities) in the grams in the San Gabriel Basin and act as a NER amount of $16,785,000 to the U.S. Corps of clearinghouse for Federal funds that have Bill Number: H.R. 3183 Engineers to fund annual operations and been appropriated for these programs. The Account: Department of Energy, Office of maintenance at Alabama River Lakes includ- project is authorized in P.L. 106–554 and this Energy Efficiency and Renewable Energy ing the old Alabama-Coosa, Millers Ferry Lock request is consistent with the intended and au- Legal Name of Requesting Entity: Auburn and Dam, Robert F. Henry Lock and Dam, the thorized purpose of the Bureau of Reclama- University Claiborne Lock and Dam, and 315 miles of tions Water and Related Resources account. Address of Requesting Entity: 102 Samford navigational channels. $16,785,000 [or 100%] The current authorization ceiling for the Res- Hall, Auburn, Alabama 36849 of funding will be used to provide dredging of toration Fund has yet to be reached, with Description of Request: Provide an earmark the Alabama River navigation channel to its roughly $4,000,000 yet to be appropriated. of $1,500,000 to help solve our energy and authorized depths of nine feet deep and 200 The San Gabriel Basin Water Quality Authority security needs by creating renewable options feet wide. These dimensions will allow the wa- will provide a minimum of a 35% cost share for electrical power and liquid transportation terways to accommodate fully-loaded barges which will come directly from the Water Qual- fuel. Approximately, $375,000 [or 25%] of the of 1500 tons per barge or greater. A lack of ity Authority. funding will be used to provide laboratory ana- dredging reduces the efficiency of a tow as silt Requesting Member: Congressman DAVID lytical equipment; $375,000 [or 25%] will be reduces channel depths reducing the loading DREIER used for laboratory personnel; $750,000 [or capacity of barges which in turn increases the Bill Number: H.R. 3183, Energy and Water 50%] will be used for operations and mainte- costs of transportation. Funding will be used to Development and Related Agencies Appro- nance expenses for conducting feedstock re- ensure the economic viability of the waterways priations Act, FY2010 search, operation of fractionation, gasification, will accommodate economic development Account: Bureau of Reclamation, Water and and gas-to-liquids production studies. The total projects along the waterways in Alabama. Related Resources project cost is $13,750,000; this particular Project Name: Mobile Harbor, AL Legal Name of Requesting Entity: Inland phase will cost a total of $4,000,000. The Requesting Member: Congressman JO BON- Empire Utilities Agency Center for Bioenergy and Bioproducts has re- NER Address of Requesting Entity: 6075 Kimball cently commissioned several unique research Bill Number: H.R. 3183 Avenue, Chino, California 91710 facilities dedicated to processing biomass Account: Operations & Maintenance Description of Request: Provide an earmark feedstocks and converting them into liquid Legal Name of Requesting Entity: U.S. of $100,000 for the Inland Empire Regional fuels, electrical power, and higher value Corps of Engineers

VerDate Mar 15 2010 14:45 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00008 Fmt 0689 Sfmt 9920 E:\BR09\E15JY9.000 E15JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD July 15, 2009 EXTENSIONS OF REMARKS, Vol. 155, Pt. 13 17927 Address of Requesting Entity: Mobile Dis- Calcasieu Lock, LA project and to address repair and maintain the Calcasieu River chan- trict, Mobile, AL 36602 economic and environmental studies. Traffic nel, dredge the bar channel, dredge mile 5 to Description of Request: Provide an earmark projections will provide the economic baseline 17 and Devil’s Elbow, master plans, and main- (which was also requested by the President in expectations for future without project condi- tenance of dredged material disposal facilities. his FY 2010 annual Corps priorities) in the tions. The benefit model will identify the inflec- Additional funds would be used to dredge the amount of $23,996,000 to the U.S. Corps of tion point for decision to shift shipping meth- bar channel and Mile 17 to 29, foreshore rock Engineers to fund annual operations and ods. The agricultural study will determine the dikes, construction and major rehabilitation of maintenance of the Mobile Harbor. benefits to agricultural areas from the im- new disposal area per Dredged Material Man- $23,996,000 [or 100%] will be used for dredg- proved drainage of the system. Once com- agement Program. ing of the channels in keeping with the Corps pleted, these studies will form the basis for the Freshwater Bayou, LA of Engineers’ requirements to ensure depth is justification of the project. The completion of Member requesting funds: CHARLES BOU- adequate for ships that utilize the harbor. The feasibility will be necessary upon completion STANY, Jr., MD (LA–07) Mobile Harbor will help support economic de- of the economic study. The Calcasieu Lock is Entity receiving funds: US Army Corps of velopment of the entire state of Alabama, Flor- a bottleneck on the Gulf Intracoastal Water- Engineers, New Orleans District, 7400 Leake ida panhandle, southern half of Mississippi way system in Louisiana, causing delays in Avenue, New Orleans, LA 70118 and western Tennessee through increased transportation and interstate commerce. Account: Army Corps of Engineers, Oper- international trade and support. Current vessel LCA—Ecosystems Restoration, LA ations and Maintenance traffic supports a new container terminal, Member requesting funds: CHARLES BOU- Purpose: An earmark of $2,235,000 for the McDuffie Coal Terminal, and two raw material STANY, Jr., MD (LA–07) authorized Freshwater Bayou, LA project. The terminals supporting Alabama’s steel produc- Entity receiving funds: US Army Corps of lock is crucial to support offshore oil industry tion. Funding will assist in keeping the harbor Engineers, New Orleans District, 7400 Leake to provide the necessary fuel, supplies and dredged and operational not only to large Avenue, New Orleans, LA 70118 food to offshore oil platforms in the Gulf of ships from the Gulf of Mexico but also for the Account: Army Corps of Engineers, General Mexico, and also to support commercial fish- barges that utilize the waterways north of Mo- Investigations ing. The funds will be used for operations and bile, Alabama. Post-Hurricane Katrina, the Ala- Purpose: An earmark of $20,000,000 to ad- maintenance and to dredge two critical bama State Port has become the tenth largest vance the studies for the authorized Louisiana reaches to support the energy infrastructure port in the United States. Coastal Area (LCA) Ecosystems Restoration, along the Freshwater Bayou, LA. f LA project. Funds will be used to begin Mermentau River, LA BBBSR PED; conclude 1 feasibility study; and Member requesting funds: CHARLES BOU- EARMARK DECLARATION continue 10 studies. The Mississippi River Hy- STANY, Jr., MD (LA–07) drology Study/Delta Mgt feature will continue Entity receiving funds: US Army Corps of HON. CHARLES W. BOUSTANY, JR. to be a priority and will include the Engineers, New Orleans District, 7400 Leake OF LOUISIANA hydrodynamics of the watershed of the Avenue, New Orleans, LA 70118 IN THE HOUSE OF REPRESENTATIVES Atchafalaya River. In accordance with the Account: Army Corps of Engineers, Oper- Wednesday, July 15, 2009 Water Resources Development Act, decision ations and Maintenance Purpose: An earmark of $1,913,000 for the Mr. BOUSTANY. Madam Speaker, pursuant documents will be submitted to the ASA. Addi- authorized Mermentau River, LA project. to the Republican leadership standards on tional beneficiaries include residents of Lou- Funding will be used to dredge and continue earmarks, I am submitting the following infor- isiana. Bayou Teche & Vermilion River, LA ongoing repairs along the Mermentau River, mation regarding earmarks I received as part Member requesting funds: CHARLES BOU- including operations of Catfish Point and of H.R. 3183, Energy and Water Development STANY, Jr., MD (LA–07) Schooner Bayou Control Structures, mainte- and Related Agencies Appropriations Act, Entity receiving funds: US Army Corps of nance of the control structures, including water 2010. These earmarks are contained in H.R. Engineers, New Orleans District, 7400 Leake control data systems, real estate, and dredge 3183: Avenue, New Orleans, LA 70118 Calcasieu River, Mile 5.0–14.0, Cameron Mermentau Bar Channel, and boathouse re- Account: Army Corps of Engineers, Oper- Parish placement at the Catfish Point Control Struc- ations and Maintenance Member requesting funds: CHARLES BOU- ture. Purpose: An earmark of $15,000 for the au- STANY, Jr., MD (LA–07) Southwest Coastal Louisiana Hurricane Pro- Entity receiving funds: U.S. Army Corps of thorized Bayou Teche & Vermilion River, LA tection, LA Member requesting funds: Engineers, New Orleans District, 7400 Leake project. Funding will be used for surveys. CHARLES BOUSTANY, Jr., MD (LA–07) Avenue, New Orleans, LA 70118 Bayou Teche, LA Entity receiving funds: US Army Corps of Account: Army Corps of Engineers, CAP Member requesting funds: CHARLES BOU- Engineers, New Orleans District, 7400 Leake 204 STANY, Jr., MD (LA–07) Avenue, New Orleans, LA 70118 Purpose: An earmark prioritizing the Entity receiving funds: US Army Corps of Account: Army Corps of Engineers, Inves- Calcasieu River, Mile 5.0–14.0, Cameron Par- Engineers, New Orleans District, 7400 Leake tigations ish project within the Corps CAP 204 program. Avenue, New Orleans, LA 70118 Purpose: An earmark of $1,000,000 to ad- Funds will be used to complete the design and Account: Army Corps of Engineers, Oper- vance the authorized Southwest Coastal Lou- implementation phase for the beneficial use of ations and Maintenance isiana Hurricane Protection, LA project. The dredged materials project along the Calcasieu Purpose: An earmark of $200,000 for the Corps is directed to expedite the study under River. The project provides for the placement authorized Bayou Teche, LA project. Funding the Water Resources Development Act of of shoal material from the Calcasieu River, will be used for hydrographic surveys, real es- 2007. The funds will be used to continue the Mile 5 to Mile 14, into the Cameron Creole tate activities, P&S and environmental clear- feasibility phase. Activities include plan formu- Prairie National Wildlife Refuge. Additional ances. lation, hydrology and hydraulic analyses, eco- beneficiaries include the Lake Charles Harbor Calcasieu River and Pass, LA nomic inventory, environmental analyses. and Terminal District and the users of the Member requesting funds: CHARLES BOU- f Calcasieu River Ship Channel. STANY, Jr., MD (LA–07) Calcasieu Lock, LA Entity receiving funds: US Army Corps of EARMARK DECLARATION Member requesting funds: CHARLES BOU- Engineers, New Orleans District, 7400 Leake STANY, Jr., MD (LA–07) Avenue, New Orleans, LA 70118 HON. DAVE CAMP Entity receiving funds: US Army Corps of Account: Army Corps of Engineers, Oper- OF MICHIGAN Engineers, New Orleans District, 7400 Leake ations and Maintenance IN THE HOUSE OF REPRESENTATIVES Avenue, New Orleans, LA 70118 Purpose: An earmark of $17,968,000 for the Wednesday, July 15, 2009 Account: Army Corps of Engineers, Inves- authorized Calcasieu River and Pass, LA tigations project. Funds are needed to keep inter- Mr. CAMP. Madam Speaker, pursuant to Purpose: An earmark of $1,000,000 to ad- national commerce moving without delays and the Republican Leadership’s standards on vance the authorized feasibility study for the light loadings. Funds will be used to operate, Member spending requests, I am submitting

VerDate Mar 15 2010 14:45 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00009 Fmt 0689 Sfmt 9920 E:\BR09\E15JY9.000 E15JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD 17928 EXTENSIONS OF REMARKS, Vol. 155, Pt. 13 July 15, 2009 the following information regarding the spend- EARMARK DECLARATION Description of Request: I have secured ing request I submitted that is contained in $1,800,000 for the Red River Basin Chloride H.R. 3183, the Energy and Water Appropria- HON. RALPH M. HALL Control, TX & OK with the Corps of Engineers, tions Bill for FY 2010. OF TEXAS Tulsa District. This project is designed to con- The entity to receive funding under the re- IN THE HOUSE OF REPRESENTATIVES trol natural chloride brine emissions at three quest is Spaulding Township, located at 5025 Wednesday, July 15, 2009 major source areas to improve water quality East Road, Saginaw, Michigan, 48601. The for municipal, industrial, and agricultural use. Mr. HALL of Texas. Madam Speaker, pursu- Funding for this project will improve construc- funding is to be allocated from the Army Corps ant to the Republican Leadership standards of Engineers Section 205 Account, and will be tion of low flow dams, pump stations, and di- on earmarks, I am submitting the following in- version pipelines to Truscott Brine Dam. The used by the Army Corps of Engineers to com- formation regarding earmarks I received as Red River water quality will be improved so it plete construction of the north and south lev- part of H.R. 3183, Energy and Water Appro- can be used for irrigation, municipals and in- ees at the Cass River in Saginaw County be- priations for Fiscal Year 2010: dustries. I certify that I do not have any finan- tween East M 13 and Sheridan Road. The ex- Requesting Member: Congressman RALPH cial interest in this project. isting levees (except for the portion completed M. HALL f in early 1999 by the Township) will be relo- Bill Number: H.R. 3183, Energy and Water cated away from the banks of the Cass River Authorization Act for Fiscal Year 2010 EARMARK DECLARATION to create a floodway shelf for added capacity Account: Investigations and for wetland mitigation. The Township has Legal Name of Requesting Entity: Arkansas HON. STEVEN C. LaTOURETTE already contributed $345,000 towards the Red River Commission OF OHIO Address of Requesting Entity: 4155 E. Clay project, and $3,930,573 in federal funding is IN THE HOUSE OF REPRESENTATIVES required in order to complete the project ac- St., Vicksburg, MS 39183 cording to structural and safety guidelines re- Description of Request: I have secured Wednesday, July 15, 2009 quired by Army Corps of Engineers. $25,000 for the Red River Navigation Study, Mr. LATOURETTE. Madam Speaker, pursu- Southwest Arkansas, AR & LA with the Arkan- ant to the Republican Leadership standards The Cass River has flooded nearby homes sas Red River Commission. Funding for this on earmarks, I am submitting the following in- and businesses in Spaulding Township on an project will be to study alternatives for extend- formation regarding earmarks I received as almost semi-annual basis for the past 30 ing navigation from Shreveport, LA to Index, part of H.R. 3183, The Energy and Water De- years. During some of these floods, traffic on AR. I certify that I do not have any financial in- velopment and Related Agencies Appropria- major highways has been stopped, and at terest in this project. tions Act of 2010. times has made emergency rescue services Requesting Member: Congressman RALPH Requesting Member: Congressman STEVEN (fire and ambulance) impossible. The existing M. HALL C. LATOURETTE levees are in poor condition and portions ap- Bill Number: H.R. 3183, Energy and Water Bill Number: H.R. 3183 pear to be unstable. In addition, the low top Authorization Act for Fiscal Year 2010 Account: Department of Energy—Fossil En- elevations of the existing levees do not ade- Account: Science ergy R&D quately protect the area from flooding. Federal Legal Name of Requesting Entity: Texas Legal Name of Requesting Entity: Tech- funds are therefore needed to mitigate a sig- A&M University—Commerce nology Management Inc. nificant public health and safety risk to the Address of Requesting Entity: P.O. Box Address of Requesting Entity: 290 Alpha residents of Spaulding Township. 3011, Commerce, TX 75429 Dr., Highland Heights, Ohio 44143 Description of Request: I have secured Description of Request: Provide an earmark f $300,000 for the Advanced Artificial Science of $500,000 to be used to continue develop- and Engineering Research Infrastructure with ment of a scalable fuel cell system for distrib- EARMARK DECLARATION Texas A&M University at Commerce. Funding uted bioenergy generation. Technology Man- for this project will assist in the development agement Inc. has produced a fully functional of an advanced artificial science and engineer- fuel cell system—the size of an appliance— HON. TOM COLE ing research infrastructure to facilitate innova- that can be installed and used to generate OF OKLAHOMA tive computational modeling and analysis of power through biofuels sufficient enough to complex electromagnetic wave propagation power an Ohio farm. Funds would be dedi- IN THE HOUSE OF REPRESENTATIVES phenomenologies. The objectives of this pro- cated to engineering prototypes for manufac- posal are twofold: (1) to implement and oper- Wednesday, July 15, 2009 turing. ate a high-powered computing grid (a virtual Requesting Member: Congressman STEVEN Mr. COLE. Madam Speaker, pursuant to the computing environment) that will facilitate the C. LATOURETTE Republican Leadership standards on ear- solution of interdisciplinary computational and Bill Number: H.R. 3183 marks, I am submitting the following informa- engineering models, and (2) to develop a Account: Corps of Engineers—Construction tion regarding earmarks I received as part of computational model of complex electro- Legal Name of Requesting Entity: City of H.R. 3170—Financial Services and General magnetic wave transmission, propagation, and Mentor-on-the-Lake Government Appropriations Act, 2010 reception, and analyze that model using new Address of Requesting Entity: 5860 An- Computational Science methods within the vir- drews Road, Mentor-on-the-Lake, Ohio 44060 Requesting Member: Congressman TOM tual computing environment. The research will Description of Request: Provide an earmark COLE be conducted in Hunt County, and will provide of $500,000 to be used to reconstruct a new Bill Number: H.R. 3170 faculty and students with research and edu- storm sewer system along State Route 283. Provision: Title V cational opportunities currently not available. The system would help to eliminate flooding Furthermore, the ‘‘grid’’ will be available for and reduce pollution of Lake Erie. Account: GSA—Operating Expenses other universities and industries to utilize, Requesting Member: Congressman STEVEN Legal Name of Requesting Entity: Oklahoma thereby expanding the area of impact across C. LATOURETTE City National Memorial Foundation the state. I certify that I do not have any finan- Bill Number: H.R. 3183 Account: Department of Energy—Fossil En- Address of Requesting Entity: 620 N. Har- cial interest in this project. ergy R&D vey, Oklahoma City, OK 73102, P.O. Box 323 Requesting Member: Congressman RALPH Legal Name of Requesting Entity: Parker Oklahoma City, OK 73101 M. HALL Bill Number: H.R. 3183, Energy and Water Hannifin Description of Request: Provide an earmark Authorization Act for Fiscal Year 2010 Address of Requesting Entity: 9200 Tyler of $1,000,000 to fund the Oklahoma City Na- Account: Construction Blvd. Mentor, Ohio 44060 tional Memorial Foundation’s operation and Legal Name of Requesting Entity: Corps of Description of Request: Provide an earmark maintenance cost associated with the Memo- Engineers, Tulsa District of $300,000 to be used to develop new adapt- rial Museum, as well as the execution of out- Address of Requesting Entity: 1645 S. 101 ive control technologies for combustion per- reach and educational programs. East Ave., Tulsa, OK 74128 formance. This new technology will result in

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Madam Speaker, OF VIRGINIA the greatest sources of greenhouse gas emis- pursuant to the Republican Leadership stand- IN THE HOUSE OF REPRESENTATIVES sions, the use of syngas will have a positive ards on earmarks, I am submitting the fol- Wednesday, July 15, 2009 impact on the environment. lowing information regarding earmarks I re- Mr. WITTMAN. Madam Speaker, pursuant Requesting Member: Congressman STEVEN ceived as part of H.R. 3183—the Energy and to the Republican Leadership standards on C. LATOURETTE Water Development & Related Agencies Ap- earmarks, I am submitting the following infor- Bill Number: H.R. 3183 propriations Act, 2010. mation regarding the earmark I received as Account: Corps of Engineers—Construction Requesting Member: Congressman PETER part of H.R. 3183, Energy and Water Appro- Legal Name of Requesting Entity: Lake T. KING priations bill for FY 2010. County Department of Utilities Bill Number: H.R. 3183 Project Name/Amount: Sustainable Algal Account: Operations and Maintenance Energy Production and Environmental Reme- Address of Requesting Entity: 105 Main (O&M) Street, Painesville, Ohio 44077 diation, $500,000 Legal Name of Requesting Entity: U.S. Requested by: ROBERT J. WITTMAN Description of Request: Provide an earmark Army Corps of Engineers Intended Recipient of Funds/Grantee: Col- of $500,000 to be used to replace the county’s Address of Requesting Entity: 26 Federal lege of William and Mary P.O. Box 8795 Wil- existing lift station and forcemain, which is lo- Plaza, Room 2109, New York, NY 10278 liamsburg, VA 23187–8795 cated under the Grand River. Replacement of Description of Request: $150,000 will be Project description and explanation of the the aging system would prevent flooding and used to place one million cubic yards of sand request: Algae yields substantial advantages potentially hazardous discharges into Lake along the shoreline several miles west of the over other bio-fuel crops toward the combined Erie. inlet for erosion control at Gilgo Beach and goals of renewability, sustainability, afford- Requesting Member: Congressman STEVEN Robert Moses State Park (Fire Island to Jones ability, and environmental compatibility in an C. LATOURETTE Inlet Project). energy sustainable economy. A multi-discipli- Bill Number: H.R. 3183 Requesting Member: Congressman PETER nary program plan and partnership are in de- Account: Department of Energy—EERE T. KING velopment for a system to grow, harvest, and Legal Name of Requesting Entity: Case Bill Number: H.R. 3183 process wild algae into feedstock, to chemi- Western Reserve University Account: Construction cally convert the feedstock into fuels, and then Address of Requesting Entity: 10900 Euclid Legal Name of Requesting Entity: U.S. to distribute the native algae-derived fuels to Avenue, Nord Hall Room 628, Cleveland, Ohio Army Corps of Engineers consumers. This program will be developed 44106 Address of Requesting Entity: 26 Federal under leadership of the College of William and Description of Request: Provide an earmark Plaza, Room 2109, New York, NY 10278 Mary (CWM), acting through its Virginia Insti- in the amount of $500,000 for the Great Lakes Description of Request: $500,000 will be tute for Marine Science (VIMS), the nation’s Institute for Energy Innovation at Case West- used to complete the design and initiate con- third largest marine science organization, and ern Reserve University for research, equip- struction of the first contract of beach re- the premier institute for coastal and estuary ment and infrastructure to support the insti- nourishment and maintenance project from studies, working with the College’s William tute’s regional work in alternative energy in- Jones Inlet to East Rockaway Inlet (Long and Mary Research Institute (WMRI), which cluding wind, solar and smart grid systems. Beach). provides access to 570 faculty members The work will support the nation’s effort in de- Requesting Member: Congressman PETER across the schools of the main campus. The veloping green technologies. T. KING envisioned commercial process has the poten- Bill Number: H.R. 3183 tial to produce significantly higher efficiencies Account: Construction f than other bio-fuel systems in development, Legal Name of Requesting Entity: U.S. based on mature, proven algae cultivation ca- BEAVER CREEK RESERVOIR Army Corps of Engineers pabilities, while avoiding many land use issues PROJECT Address of Requesting Entity: 26 Federal of alternative algal methods. The target con- Plaza, Room 2109, New York, NY 10278 sumers of these fuels include all air and Description of Request: $5,800,000 will be ground transportation and power production HON. GLENN THOMPSON used by the Army Corps of Engineers for the systems. This project will secure a number of OF PENNSYLVANIA Fire Island Inlet to Montauk Point (FIMP) new jobs for the district in the execution of the IN THE HOUSE OF REPRESENTATIVES Project to complete the 3rd nourishment at work, but the major benefits of bringing algal Westhampton and 1st nourishment at Wednesday, July 15, 2009 biofuels to the coast of Virginia will have an Shinnecock, to continue required monitoring enormous impact on the state’s economy Mr. THOMPSON of Pennsylvania. Madam efforts, and to complete a reformulation study while remediating long-standing environmental Speaker, pursuant to the Republican stand- for the Fire Island to Montauk Point Project. problems caused by nutrients in the water- ards on earmarks, I am submitting the fol- Requesting Member: Congressman PETER shed, rivers and estuarial run-off into the lowing information regarding earmarks I re- T. KING Chesapeake Bay. Funding will support produc- ceived as a part of H.R. 3183, the Energy and Bill Number: H.R. 3183 tion of 40 kg of Algal Oil and 200 kg of Algal Water Development and Related Agencies Ap- Account: FUSRAP Carbohydrate. Funding will also support de- propriations Act, 2010. The entity to receive Legal Name of Requesting Entity: Verizon sign, development, and operation of a port- funding is Clarion County Commissioners, 421 Communications able, water based, self contained harvesting Main Street, Clarion, PA 16214, in the amount Address of Requesting Entity: One Verizon system. Additionally, funding would develop a of $100,000. Funding will be used to provide Way, Basking Ridge, NJ 07920 site screening and production forecasting com- a major water source, recreation, aquatic, Description of Request: This report lan- puter model avian, ecological, and environmental education guage will direct the U.S. Army Corps of Engi- Project Name/Amount: Regional Sediment endeavors with the inclusion of a major water neers to complete a remedial investigation/fea- Management Demonstration Program: Mat- supply source (1.3 million gallons/day). En- sibility study for the cleanup of the former Syl- hews County, VA, $238,000 hancements to the Clarion County Commerce vania nuclear fuel site at Hicksville, New York, Requested by: ROBERT J. WITTMAN Center (KOZ Zone) would be afforded a water proceed to a record of decision and, if appro- Intended Recipient of Funds/Grantee: Nor- supply for industrial growth in the western sec- priate, initiate any necessary remediation in folk District, Army Corps of Engineers 803 tion of the county. accordance with the Comprehensive Environ- Front Street Norfolk, VA 23510

VerDate Mar 15 2010 14:45 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00011 Fmt 0689 Sfmt 9920 E:\BR09\E15JY9.000 E15JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD 17930 EXTENSIONS OF REMARKS, Vol. 155, Pt. 13 July 15, 2009 Project description and explanation of the EARMARK DECLARATION Address of Requesting Entity: 209 Sikes request: Continue construction a sediment Hall, Clemson, South Carolina 29634 budget for the Mathews County, VA area and HON. BOB INGLIS Description of Request: The purpose of the investigate utilization of dredge material from OF SOUTH CAROLINA request is to continue the development of a several local/adjacent federal navigation chan- IN THE HOUSE OF REPRESENTATIVES Cellulosic Biofuel Plant. Cellulosic ethanol nels to address shoreline conditions along the comes from breaking down the lignin and western shore of the Chesapeake Bay. The Wednesday, July 15, 2009 hemi-cellulose shell in order to access plant project is authorized by PL 110–114 Sec. Mr. INGLIS. Madam Speaker, pursuant to sugars for fermentation into renewable fuel. It 2037. the Republican leadership standards on ear- is estimated that cellulose conversion to eth- Project Name/Amount: Winter Harbor, Mat- marks, I am submitting the following informa- anol can produce 800–1000 gallons of ethanol hews County, VA, $1,190,000 tion regarding an earmark I received as part of per acre (compared to 416/acre for corn). H.R. 3183, Energy and Water Development Capturing 20% of the state’s gasoline fuel OBERT J. WITTMAN Requested by: R and Related Agencies Appropriations Act, market through bio-ethanol would build a $1Bn Intended Recipient of Funds/Grantee: Nor- 2010. industry. In order to accomplish that goal, folk District, Army Corps of Engineers 803 Requesting Member: Congressman BOB South Carolina must have the capacity to Front Street Norfolk, VA 23510 INGLIS produce 700M gallons of ethanol/year. Based Project description and explanation of the Bill Number: H.R. 3183, Energy and Water on recent studies of the economic impact of request: Completion of authorized mainte- Development and Related Agencies Appro- corn ethanol plans in the Midwest, 700M gal/ nance dredging activities authorized under the priations Act, 2010 year of bio-ethanol capacity could lead to $1.5 River and Harbor Act of 17 May 1950. Account: EERE–Other billion in capital investments, create 10,000 Legal Name of Requesting Entity: University new jobs, add $2 billion to the local economy f of South Carolina and increase local and state taxes by $20 mil- Address of Requesting Entity: 1218 Hender- lion. The amount is $1 million and it would go RECOGNITION OF THE MILLER son Street, Columbia, South Carolina 29201 to Clemson University. GAS STATION ON ITS 50TH ANNI- Description of Request: The purpose of the f VERSARY request is to continue the development and demonstration of a unique science and tech- EARMARK DECLARATION nology process to use waste heat from nu- HON. MARY JO KILROY clear reactors to generate hydrogen using HON. ROBERT B. ADERHOLT OF OHIO chemical processing combined with separation OF ALABAMA using PEM technology. This highly effective IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES process will enable expanded and accelerated Wednesday, July 15, 2009 Wednesday, July 15, 2009 hydrogen production for energy sustainability and security for our society. The amount is Mr. ADERHOLT. Madam Speaker, pursuant Ms. KILROY. Madam Speaker, I rise today $300,000 and it would go to the University of to the Republican Leadership standards on to honor the Miller gas station on its 50th anni- South Carolina. earmarks, I am submitting the following infor- versary. This family business has been serv- Requesting Member: Congressman BOB mation regarding earmarks I received as part ing the residents of my hometown in Ohio for INGLIS of H.R. 3183, the Energy and Water Appro- five decades by offering the personal service Bill Number: H.R. 3183, Energy and Water priations Bill: and attention that is becoming rare and invalu- Development and Related Agencies Appro- Requesting Member: ADERHOLT able in an increasingly automated world. priations Act, 2010 Bill Number: H.R. 3183 Unlike most other gas stations in Ohio Account: Science Account: EERE—Building Technologies which are purely self-service, the Miller family Legal Name of Requesting Entity: Clemson Legal Name of Requesting Entity: Snead gas station maintains a full-service pump. The University State Community College Millers interact with customers on a daily Address of Requesting Entity: 209 Sikes Address of Requesting Entity: Snead State basis, developing relationships that are nec- Hall, Clemson, South Carolina 29634 Community College, PO Box 734, Boaz, AL essary for the sense of connectedness and Description of Request: The purpose of the 35957 goodwill among members of a strong and spir- request is to continue the development of the Description of Request: ‘‘Energy Efficiency ited community. Residents of Upper Arlington Clemson University Cyberinstitute (CUCI) Enhancements, $250,000’’ return to the Millers’ station time and again— project which will assist research universities The funding would be used to reduce en- some for many years—knowing they will re- around the State of South Carolina to perform ergy consumed in ten campus buildings. ceive exceptional service each time. scientific research in nanotechnology, Funding will pay for lighting retrofits, monitors, bioinformatics/computational biology, environ- sensors, and HVAC controls. Leadership in Eddie and Deanna Miller leased the station ment/ecology and global climate change. The Energy and Environmental Design (LEED) in 1959 and worked at the station for almost project links South Carolina to a nation-wide standards from Green Building Council will be 25 years before they could own the business backbone of world-class university research, used for sustainable operations. Anticipated outright. The couple has served as an exam- industry partners and cutting-edge technology 20–30% energy savings per year with ple of the American tradition of hard work and entrepreneurs. CUCI will serve as a conduit changes. Of the requested amount, 60% of quality service, factors that have kept their for a virtual research campus that brings to- the funds will be used for materials and sup- business vibrant in instances of harsh eco- gether cyber resources and strengths from plies and 40% will be used on installation nomic conditions over the last fifty years. For each of South Carolina’s research institutions, costs. The project will reduce the College’s the Millers, good service is not just a virtue of including Clemson University, the Medical Uni- energy consumption. Taxpayer Justification: successful business, it is an enjoyable and ful- versity of South Carolina, and the University of This funding will help reduce energy use and filling aspect of their work. Interaction with South Carolina. The amount is $500,000 and save natural resources and reduce depend- community members instills within their family it would go to Clemson University. ence on foreign oil. The project will also pro- a sense of pride in and responsibility toward Requesting Member: Congressman BOB mote conservation to the public. the people of Upper Arlington. INGLIS Requesting Member: ADERHOLT This month as the family business cele- Bill Number: H.R. 3183, Energy and Water Bill Number: H.R. 3183 brates its 50th anniversary Eddie and Deanna Development and Related Agencies Appro- Account: EERE—Building Technologies express confidence in their son Mike in car- priations Act, 2010 Legal Name of Requesting Entity: Gadsden rying their family business forward for decades Account: Energy Efficiency and Renewable State Community College to come. I thank the Miller family and encour- Energy (EERE)—Biomass and Biorefinery Address of Requesting Entity: P.O. Box 227, age them to continue their tradition of unique Systems R&D Gadsden, AL 35902–0227 and valued service to the residents of Central Legal Name of Requesting Entity: Clemson Description of Request: ‘‘Green Operations Ohio. University Plan, $75,000’’

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The Alabama Department of tire amount of the funds on Energy Efficient Agriculture and Industries will assist in devel- THE COMMUNITY GARDENS ACT Stage Lighting fixtures; LED Stage Border oping pilots on farm to determine and increase OF 2009 lights; High-efficiency Moving Light fixtures; commercial viability. Success in this effort will and Digitally Controlled—Energy Efficient Rig- provide a unique combination of microbial HON. JAY INSLEE ging Units. Taxpayer Justification: This plan catalysts and all-in-one ethanol bioreactor for will produce the same brightness at a lower fuel ethanol production from agricultural OF WASHINGTON cost and utilize easily-recyclable lamps which wastes. IN THE HOUSE OF REPRESENTATIVES Requesting Member: ADERHOLT will cut lighting energy use. Wednesday, July 15, 2009 Requesting Member: ADERHOLT Bill Number: H.R. 3183 Bill Number: H.R. 3183 Account: Corp of Engineers—O&M Mr. INSLEE. Madam Speaker, today Con- Account: EERE—Building Technologies Legal Name of Requesting Entity: Warrior gresswoman NORTON and I introduced the Legal Name of Requesting Entity: University Tombigbee Waterway Association, Mobile, AL Community Gardens Act of 2009, along with of North Alabama, Florence, AL Address of Requesting Entity: PO Box 2863, Representatives MATSUI, BLUMENAUER, Address of Requesting Entity: UNA, 110 Mobile, AL 36652 MORAN, CONYERS, Jr., BORDALLO, Bibb Graves, Florence, AL 35632 Description of Request: ‘‘Black Warrior and CHRISTENSEN, DENNIS MOORE, ENGEL, KAPTUR, Description of Request: ‘‘University of North Tombigbee Rivers, $24,180,000’’ MALONEY, MCGOVERN, CARSON, GRIJALVA, Alabama, Green Campus Initiative, $200,000’’ The funding would be used to repair Selden BARBARA LEE, DONNA EDWARDS, WOOLSEY and The funding would be used to continue the Lock miter gates and Holt spillway and Holt CLEAVER II. We thank them for their support. Green Campus Initiative. The objective of the lock valves. Funds would also be used to con- Localities across America are already dem- Green Campus Initiative is to reduce depend- struct an upland disposal site at Buena Vista. onstrating an eagerness to harvest fresh fruits ence on fossil fuels; with anticipated reduction Provide $24,180,000 in funding for Operations and vegetables in community gardens. Ac- of electrical and natural gas energy consump- and Maintenance for the Mobile District of the cording to a national study, 1 million house- tion by 15%. Request is made in the amount COE for the Black Warrior and Tombigbee holds participated in community gardens in of $1M to continue the FY09 Green Campus Rivers. Currently there are 20–25 million tons 2008, and an estimated 5 million households Initiative. Funding will be used to (1) replace transported on this river each year, mostly are very interested in starting a garden plot 35+ year old HVAC system/Chillers ($200K), coal and petroleum products, and serious re- near their home. Washington state is home to (2) replacement of single pane windows with pairs are needed. The Tennessee-Tombigbee many opportunities by which individuals may energy efficient double pane windows Waterway and Coosa-Alabama River systems participate in a community garden atmos- ($400K), (3) replacement of fluorescent light- depend on the efficiency of the Black Warrior- phere. For example, the City of Seattle’s De- ing with energy saving electronic ballast T–8 Tombigbee. This project will provide nec- partment of Neighborhoods currently maintains or T–5 lamp technology ($200K), and (4) essary infrastructure maintenance and repairs 1,900 plots, which serve more than 3,800 Labor costs ($200K). Taxpayer Justification: to the 50+ year old lock and dam system. The urban gardeners on 23 acres of land. This This funding will improve the provision of a entire budget for the project will go towards successful program is expanding as interest in functional green energy technologies prototype maintenance and repairs. This request is con- gardening grows. With this legislation we can to reduce dependence on fossil fuels and nat- sistent with the intended and authorized pur- help programs like the one in Seattle, Wash- ural gas. pose of the Corps of Engineers, O&M Ac- ington, as well as at 21 Acres in Woodinville, Requesting Member: ADERHOLT count. Taxpayer Justification: Each year ap- Washington, to expand opportunities for all Bill Number: H.R. 3183 Account: EERE— proximately 20–25 million tons of goods move American households to share in the numer- Biomass through this waterway, mostly coal and petro- ous benefits of local gardening. Legal Name of Requesting Entity: Auburn leum products. The Black Warrior and The Community Gardens Act of 2009 will University, Auburn, AL Tombigbee Rivers system is vital for the Ten- Address of Requesting Entity: Auburn Uni- establish a grant program specifically geared nessee-Tombigbee Waterway and the Coosa to help local organizations create community versity, 102 Samford Hall, Auburn, AL 36849 Alabama River system, and this funding pro- Description of Request: ‘‘Farm Deployable gardens in their areas. Groups eligible to motes the functioning of this vital waterway. apply for funds include community-develop- Microbial Bioreactor for Fuel Ethanol Produc- f tion, $800,000’’ ment organizations, schools, and state and The funding will be used for scientists to de- EARMARK DECLARATION local governments, among others. By encour- velop natural bacteria and yeast mixtures that aging these groups to construct gardens in will simultaneously convert inedible plant HON. JACK KINGSTON their communities, the legislation will promote waste to bioethanol using a farm deployable nutrition, environmental awareness, and neigh- OF GEORGIA borhood development. bioreactor system, and test its commercial via- IN THE HOUSE OF REPRESENTATIVES bility within the agriculture community. The re- Existing community gardens illustrate the quested amount for the project is $1,000,000 Wednesday, July 15, 2009 many benefits of creating such a grant pro- with a spending plan as follows to conduct re- Mr. KINGSTON. Madam Speaker, pursuant gram. These gardens are already helping to search on farm deployable microbial bio- to the Republican Leadership standards on beautify neighborhoods by transforming vacant reactor for fuel ethanol production at Auburn earmarks, I am submitting the following infor- lots and paved areas into ‘‘green’’ spaces. University—Montgomery. Approximately, mation regarding H.R. 3170, the Financial They are reducing the impact of nutrient and $210,000 for salaries and benefits; $57,600 for Services and General Government Appropria- sediment pollution on local wildlife habitats, graduate students; $34,500 for travel; tions Act of 2010. forest lands and water quality. They are also $360,000 for equipment and materials; Requesting Member: Congressman JACK teaching our kids about the importance of nu- $31,000 in rent; $129,179 for collaborators KINGSTON trition and exercise by participating in har- (Auburn University and Alabama State Depart- Bill: H.R. 3170 vesting healthy food and creating an excellent ment of Agriculture); $101,018 utilities and re- Account: Small Business Administration opportunity for outdoor recreation. lated costs. Taxpayer Justification: Fuel eth- Legal Name of Requesting Entity: City of Congresswoman NORTON and I are proud to anol from inedible plant materials or biomass Alma introduce the Community Gardens Act of 2009 will become a major portion of America’s en- Address of Requesting Entity: 884 Radio and we look forward to working in Congress to ergy pool. The benefit of this research is na- Station Rd., Alma, GA 31510 ensure that healthy food and healthy lifestyles tional in scale and will especially promote sus- Description of Request: Funding in the are available to all communities across the na- tainable agriculture in agricultural regions of amount of $500,000 for business and infra- tion.

VerDate Mar 15 2010 14:45 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00013 Fmt 0689 Sfmt 9920 E:\BR09\E15JY9.000 E15JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD 17932 EXTENSIONS OF REMARKS, Vol. 155, Pt. 13 July 15, 2009 EARMARK DECLARATION Description of Request: $28,390,000, which Legal Name of Requesting Entity: University is the President’s requested funding level for of Delaware HON. ANDER CRENSHAW the continued annual operations and mainte- Address of Requesting Entity: Hullihen Hall, OF FLORIDA nance of this Intracoastal Waterway. Newark, DE 19716 Name of Project: Wilmington Harbor, Dela- Description of Request: $500,000 for equip- IN THE HOUSE OF REPRESENTATIVES ware ment, fellowships, and outreach for University Wednesday, July 15, 2009 Requesting Member: MICHAEL N. CASTLE of Delaware’s Energy Institute. The purpose of Mr. CRENSHAW. Madam Speaker, I rise Bill Number: H.R. 3183 the project is to expand and accelerate the de- today to submit documentation consistent with Account: ACOE—O&M ployment, demonstration and adoption of alter- the Republican Earmark Standards. Legal Name of Requesting Entity: Army native energy sources and technologies that Requesting Member: Congressman ANDER Corps of Engineers are more secure, abundant, and sustainable to CRENSHAW Address of Requesting Entity: The Wana- help meet the nation’s energy challenges. Bill Number: H.R. 3170—Financial Services maker Building, 100 Penn Square East, Phila- f and General Government Appropriations Act, delphia, PA 19107 2010 Description of Request: $320,000 for ag- PERSONAL EXPLANATION Account: Salaries & Expenses gressive management and capacity restoration Legal Name of Receiving Entity: Operation of federal disposal areas and chemical and HON. TIMOTHY V. JOHNSON New Hope, Inc. sediment testing within those areas. The pur- OF ILLINOIS Address of Receiving Entity: 1830 North pose of this project is to increase capacity and IN THE HOUSE OF REPRESENTATIVES manage disposal areas for Wilmington Harbor. Main Street, Jacksonville FL 32206 Wednesday, July 15, 2009 Description of Request: I have secured Name of Project: Delaware Coast Protec- $790,000 in funding in H.R. 3170, in the Sala- tion, DE Mr. JOHNSON of Illinois. Madam Speaker, ries & Expenses Account for a prison re-entry Requesting Member: MICHAEL N. CASTLE unfortunately Monday night, July 13, 2009, I job training program that works with small Bill Number: H.R. 3183 was unable to cast my vote on the Motion to business owners. Account: ACOE—Construction Adjourn. The purpose of this program is to success- Legal Name of Requesting Entity: Army Had I been present for rollcall No. 530, on fully re-integrate ex-offenders by work training Corps of Engineers the Motion to Adjourn, I would have voted and job coaching and matching up successful Address of Requesting Entity: The Wana- ‘‘aye.’’ participants with local small businesses that maker Building, 100 Penn Square East, Phila- f meet their hiring and staffing needs. delphia, PA 19107 TRIBUTE TO CONTINENTAL AIR- This project is eligible for federal funding Description of Request: $390,000 to reim- LINES ON ITS 75TH ANNIVER- under the Small Business Administration. burse the State of Delaware for the Federal SARY Operation New Hope, Inc. will contribute share of the annual operation and mainte- $2,000,000 in non-Federal matching funds. nance costs of the sand bypass plant and new f plant facilities. The purpose is to support the HON. KEVIN BRADY periodic nourishment of the beach during the OF TEXAS EARMARK DECLARATION authorized period. IN THE HOUSE OF REPRESENTATIVES Name of Project: Red Clay Creek, Christina Wednesday, July 15, 2009 HON. MICHAEL N. CASTLE River Watershed, DE OF DELAWARE Requesting Member: MICHAEL N. CASTLE Mr. BRADY of Texas. Madam Speaker, I rise today to recognize and congratulate Con- IN THE HOUSE OF REPRESENTATIVES Bill Number: H.R. 3183 Account: ACOE—Investigations tinental Airlines headquartered in Houston, Wednesday, July 15, 2009 Legal Name of Requesting Entity: Army Texas, on its 75th anniversary. I ask my col- Mr. CASTLE. Madam Speaker, pursuant to Corps of Engineers leagues to join me in applauding Continental the House Republican standards on earmarks, Address of Requesting Entity: The Wana- Airlines and its employees for the outstanding I am submitting the following information re- maker Building, 100 Penn Square East, Phila- service and dedication it has provided to trav- garding funding for Delaware included as part delphia, PA 19107 elers over the past 75 years. of FY 2010 Energy and Water Development Description of Request: $300,000 to con- From its modest beginnings in July 1934 in Appropriations Act, H.R. 3183: tinue the investigation of the Christina River El Paso, Texas, Continental has grown to be- Name of Project: Delaware Bay Coastline, Watershed feasibility study. The purpose of come the fifth largest carrier in the world. Just Roosevelt Inlet to Lewes Beach, DE the project is to continue investigation of flood before the Second World War, Continental Requesting Member: MICHAEL N. CASTLE damage reduction, ecosystem restoration, moved its headquarters to Denver, Colorado Bill Number: H.R. 3183 water quality control strategies. where it subsequently built the Denver Modi- Account: ACOE—Construction Name of Project: Wind Turbine Infrastruc- fication Facility, modifying B–17 and B–29 air- Legal Name of Requesting Entity: Army ture for Green Energy and Research on Wind craft for the war effort. As the war approached Corps of Engineers Power in Delaware an end, Continental expanded its services to Address of Requesting Entity: The Wana- Requesting Member: MICHAEL N. CASTLE include 26 cities and employ over 400 people maker Building, 100 Penn Square East, Phila- Bill Number: H.R. 3183 by 1945. delphia, PA 19107 Account: DoE—EERE In 1963, Continental moved its headquarters Description of Request: $350,000 for peri- Legal Name of Requesting Entity: University once again to Los Angeles, where the com- odic renourishment of Roosevelt Inlet/Lewes of Delaware pany continued to support American military Beach area located in Sussex County, Dela- Address of Requesting Entity: Hullihen Hall, efforts, flying soldiers to Asia during the Viet- ware. The purpose of the project is to reduce Newark, DE 19716 nam War. During the 1970s, Continental expe- flood and coastal storm damage and for navi- Description of Request: $300,000 for the rienced considerable growth. Most notable gation mitigation. one-time purchase and installation of a wind was approval by President Jimmy Carter to fly Name of Project: Intracoastal Waterway, turbine to be used shore-side at the University from Los Angeles to New Zealand and Aus- Delaware River to Chesapeake Bay, DE & MD of Delaware’s Lewes Campus. The purpose of tralia. Requesting Member: MICHAEL N. CASTLE this project is to help inform decisions about In 1982, Continental, once more relocated Bill Number: H.R. 3183 the viability and delivery of offshore renewable its headquarters to its current location in Account: ACOE—O&M wind energy. Houston, Texas. Continental then mounted Legal Name of Requesting Entity: Army Name of Project: University of Delaware En- one of the most successful business turn- Corps of Engineers ergy Institute arounds ever in American history when it Address of Requesting Entity: The Wana- Requesting Member: MICHAEL N. CASTLE began restructuring in 1994, using its famous maker Building, 100 Penn Square East, Phila- Bill Number: H.R. 3183 ‘‘Go Forward Plan’’ that emphasized the air- delphia, PA 19107 Account: DoE—Science line’s unique company culture. In addition to

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Houston, Continental also has hubs in Cleve- tion regarding earmarks I received as part of Congressman SAM GRAVES (MO–6) (along land, Ohio and Newark, New Jersey. H.R. 3183, the Energy and Water Develop- with the President) Today, Continental remains a major em- ment and Related Agencies Appropriations Department of Defense, Corps of Engi- ployer in the Houston area and a valued air- Act, 2010: neers—Civil, Construction—$100,000 to the line. I hear often from satisfied travelers about Congressman SAM GRAVES (MO–6) Corps of Engineers, Kansas City District for the quality of the company’s service and com- Department of Defense, Corps of Engi- Kansas City Levees in Missouri and Kansas monsense approach to operations. As a mil- neers—Civil, Investigations—$350,000 to the (4800 East 63rd Street, Kansas City, MO lion mile traveler, I personally can attest to the Corps of Engineers, Kansas City District for 64130) quality and professionalism of the crew and the Missouri River Levee System (MRLS) Design of Phase 1, Fairfax Levee, began in staff of Continental Airlines. It is my personal Units L–455 and R 471–460 (4800 East 63rd 2007. A new construction start and funding is choice when I travel back and forth to Wash- Street, Kansas City, MO 64130) necessary to begin the most critical correc- ington, and one I trust with the safeguard of Federal funds obtained will be used to ad- tions to the levee system, and to complete my family. vance design of the levee system on the Mis- Phase 2 feasibility study. Corrective measures Madam Speaker, I hope my colleagues in souri River at Elwood and Wathena, KS and to provide reliable protection include raising the U.S. House of Representatives will join me St. Joseph, MO. Damage from flooding has the levee/floodwall at Argentine; installing to recognize Continental’s contribution to been significant in St. Joseph and the sur- pressure relief wells, new piping and pump America on the occasion of the 75th anniver- rounding area, with devastating floods occur- station all to control underseepage at several sary. ring in 1881, 1952 and 1993. In the Great units; and to reduce the risk of system failure f Flood of 1993, Unit R 471–460 failed causing through sheetpile wall reinforcement; and new more than $97 million in damages. The levee construction for the Fairfax-Jersey Creek Unit. RECOGNIZING YOUNG JU JI system extends over 29 miles in length, pro- There are more than 95,000 jobs that exist in tecting industrial and residential areas in St. the Kansas City levees protected area. Fed- HON. MIKE QUIGLEY Joseph worth over $1 billion. The feasibility eral funds obtained will be used to advance OF ILLINOIS study was completed in 2006 identifying an al- the feasibility study. IN THE HOUSE OF REPRESENTATIVES ternative to raise 13 miles of the right bank f unit of the levee protecting Elwood, Wathena, Wednesday, July 15, 2009 and the MO Air National Guard base. EARMARK DECLARATION Mr. QUIGLEY. Madam Speaker, I rise today Congressman SAM GRAVES (MO–6) in recognition of Ms. Young Ju Ji. Ms. Ji is the Department of Defense, Corps of Engi- HON. HAROLD ROGERS Executive Director of Korean American neers—Civil, Section 205—Funds to the Corps OF KENTUCKY Women in Need, KANWIN, and a well-re- of Engineers, Kansas City District for the IN THE HOUSE OF REPRESENTATIVES spected member of the Korean-American Blacksnake Creek Feasibility Study (4800 East Wednesday, July 15, 2009 community in Chicago. 63rd Street, Kansas City, MO 64130) Mr. ROGERS of Kentucky. Madam Speaker, KANWIN helps Korean-American survivors The Blacksnake Creek is a tributary of the pursuant to the House Republican standards of domestic violence and is one of a few orga- Missouri River. In 1984 a flash flood in St. Jo- on congressionally-directed funding, I am sub- nizations in the country with such a mission. seph, MO devastated homes and commercial mitting the following information regarding The organization’s formation began amid con- property in its two largest watersheds, includ- funding included in H.R. 3183, the Energy and troversy as it publicly stated that women ing Blacksnake Creek, a watershed of 5,200 Water Development Appropriations Act of should not be subjected to violence or brutality acres. In order to provide a higher level of 2010. at the hand of her husband or partner. flood protection the City and the Corps of En- Requesting Member: Congressman HAROLD KANWIN has served thousands of families in gineers initiated a feasibility study of flood ROGERS Chicago, giving women and their children re- control improvements that can be imple- Bill Number: H.R. 3183 newed optimism and opportunity. mented along Blacksnake Creek in St. Jo- Account: U.S. Army Corps of Engineers— Ms. Ji immigrated to the U.S. in 1999 to seph. The project would create a storm water Construction, General (Section 202) Chicago where she and her family now reside. detention basin to capture storm water from Legal Name of Recipient: U.S. Army Corps In addition to her work at KANWIN, Ms. Ji 3,300 acres of the watershed and protect the of Engineers—Huntington & Nashville Districts teaches both adults and children Korean fully developed area of 1,900 acres down- Address of Recipient: 502 Eighth Street, drumming, one of her many efforts to preserve stream. The project itself has increased in im- Huntington, WV 25701 P.O. Box 1070, Nash- Korean culture in Chicago. She also is a portance as a result of the EPA and its Com- ville, TN 37202 Board Member at the Korean-American Re- bined Sewer Overflow (CSO) regulations. As a Description of Request: As authorized in source and Cultural Center, KRCC. result, the project is critical to address both Section 202 of P.L. 96–367, as amended, pro- Ms. Ji is well-respected and vital to the Ko- flooding and storm water detention and outfall vide directed funding of $9,500,000 for the rean-American community. She is a natural redirection to keep storm water flow out of the U.S. Army Corps of Engineers to continue leader and her strength invigorates the men combined system and improve water quality structural and non-structural flood damage re- and women whose lives she has affected. In as a result. Flooding on the creek threatens duction efforts in several flood-prone commu- her charity, few things are ever unavailable. the commercial and residential corridor. Fed- nities in southern and eastern Kentucky along Ms. Ji, her husband and their two young chil- eral funds obtained will be used to initiate de- the Levisa and Tug Forks and Upper Cum- dren regularly open their home and share their sign work. berland River. These important flood damage financial resources and time to those in need. Congressman SAM GRAVES (MO–6) (along reduction projects mitigate hundreds of mil- It is my privilege to recognize Ms. Young Ju with the President, Rep. CLEAVER and Rep. lions of dollars in potential damages. Without Ji as an outstanding member of our commu- MOORE (KS)) Section 202 projects, taxpayers in Appa- nity and as a person who deserves our coun- Department of Defense, Corps of Engi- lachian Kentucky would be burdened by an try’s honor. neers—Civil, Investigations—$700,000 to the additional $847 million in flood insurance. Of f Corps of Engineers, Kansas City District for these sums, at least $3,000,000 is directed to- Missouri River Degradation, Kansas and Mis- wards the Town of Martin, Kentucky, which re- EARMARK DECLARATION souri project (4800 East 63rd Street, Kansas cently suffered severe flood damage. City, MO 64130) Requesting Member: Congressman HAROLD HON. SAM GRAVES The Kansas City levee systems and metro ROGERS OF MISSOURI utilities in the Missouri River are threatened by Bill Number: H.R. 3183 IN THE HOUSE OF REPRESENTATIVES the ongoing degradation of the Missouri River Account: U.S. Army Corps of Engineers— bed in the Kansas City reach. Federal funds Construction, General (Section 531) Wednesday, July 15, 2009 obtained will be used for a feasibility study to Legal Name of Recipient: U.S. Army Corps Mr. GRAVES. Madam Speaker, pursuant to investigate the progressive streambed deg- of Engineers—Huntington District the Republican Leadership standards on ear- radation in the Kansas City reach and other Address of Recipient: 502 Eighth Street, marks, I am submitting the following informa- areas of the Missouri River. Huntington, WV 25701

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The Environmental Removing residents and businesses from in a region of Appalachia traditionally sup- Protection Agency estimates this region has harm’s way should be a top priority for the ported by coal. Many opportunities exist over $300 million in unmet infrastructure Corps, and this language directs the Hun- through the exploration of alternative fuel needs. The U.S. Army Corps of Engineers tington District to modify its Project Detailed sources to allow the United States to become therefore works closely with regional non-prof- Project Report, dated March 2000, so that the less energy dependent on fossil fuels, and this its to determine priority water quality projects. acquisition of homes and businesses might project would support a feasibility study to Over 50 innovative regional projects for sewer commence immediately. analyze the availability of bioenergy sources in and water improvements are currently under- Requesting Member: Congressman HAROLD southern and eastern Kentucky. way or have been completed. Through this ROGERS Bill Number: H.R. 3183 f program, the U.S. Army Corps of Engineers Account: Department of Energy—Energy Ef- PERSONAL EXPLANATIOIN has helped serve 20,861 homes with sewer ficiency and Renewable Energy (EERE) improvement projects. FY10 funding for Sec- Legal Name of Recipient: Consortium for tion 531 projects will continue these important Plant Biotechnology Research HON. J. GRESHAM BARRETT efforts. Address of Recipient: 100 Sylvan Drive, OF SOUTH CAROLINA Requesting Member: Congressman HAROLD Suite 210, St. Simons Island, GA 31522 IN THE HOUSE OF REPRESENTATIVES ROGERS Description of Request: Provide directed Wednesday, July 15, 2009 Bill Number: H.R. 3183 funding of $3,000,000 for the Consortium of Account: U.S. Army Corps of Engineers— Plant Biotechnology Research (CPBR), a non- Mr. BARRETT of South Carolina. Madam Construction, General profit organization whose membership in- Speaker, unfortunately I missed recorded Legal Name of Recipient: U.S. Army Corps cludes 43 leading U.S. research universities votes on the House floor on Friday, July 10, of Engineers—Nashville District and 39 agribusiness companies and trade as- 2009. Address of Recipient: P.O. Box 1070, Nash- sociations across the county. 92.6% of funding Had I been present, I would have voted ville, TN 37202 is utilized for researching plant biotechnologies ‘‘no’’ on rollcall vote No. 526 (On ordering the Description of Request: Provide that will improve the competitiveness of U.S. previous question to H. Res. 622) and ‘‘no’’ on $123,000,000 in directed funding for continued agriculture by developing technologies to less- rollcall vote No. 527 (On agreeing to H. Res. design, preparation and construction to sta- en the country’s dependence on foreign en- 622), ‘‘yes’’ on rollcall vote No. 528 (On agree- bilize Wolf Creek Dam, which impounds Lake ergy supplies. Federal funds are matched ing to the Rep. Jeff Flake of Arizona amend- Cumberland. The lake mitigates possible 130% on average. The University of Kentucky ment to H.R. 3082), ‘‘yes’’ on rollcall vote No. flooding to several Kentucky and Tennessee is a CPBR member. 529 (On passage to H.R. 3082). communities, and it is estimated that Wolf Requesting Member: Congressman HAROLD f Creek Dam has prevented more than $1.3 bil- ROGERS lion in damages and prevented major loss of Bill Number: H.R. 3183 EARMARK DECLARATION life from flood events. The dam also supports Account: Department of Energy—Fossil a $150 million tourism industry in the region. Fuels Research and Development HON. ANDER CRENSHAW A $341 million contract for the construction of Legal Name of Recipient: The University of OF FLORIDA a 4200-foot concrete barrier wall to eliminate Kentucky—Center for Applied Energy Re- IN THE HOUSE OF REPRESENTATIVES seepage at Wolf Creek Dam was let in July search 2008. The project is among the Corps’ top Address of Recipient: 2540 Research Park Wednesday, July 15, 2009 dam safety projects in the nation and was re- Drive, Lexington, KY 40511 Mr. CRENSHAW. Madam Speaker, I rise quested by the President. Description of Request: Provide directed today to submit documentation consistent with Requesting Member: Congressman HAROLD funding of $2,000,000 for the University of the Republican Earmark Standards. ROGERS Kentucky’s Center for Applied Energy Re- Requesting Member: Congressman ANDER Bill Number: H.R. 3183 search (CAER) to continue important research CRENSHAW Account: U.S. Army Corps of Engineers— regarding the development of strategic coal- Bill Number: H.R. 3183—Energy & Water Operations & Maintenance based liquid transportation fuels. Rising petro- Appropriations Act, 2010 Legal Name of Recipient: U.S. Army Corps leum prices, national security concerns and Account: Construction of Engineers—Nashville District—Lake Cum- limited domestic oil reserves require a serious Legal Name of Receiving Entity: Army berland look at alternative sources of transportation Corps of Engineers Address of Recipient: P.O. Box 1070, Nash- fuels. The use of coal for transportation fuels Address of Receiving Entity: 701 San Marco ville, TN 37202 can provide additional independence from oil Boulevard Jacksonville FL 32207 Description of Request: Provide directed imports, safeguard the nation’s security, allow Description of Request: I have secured funding of $1,000,000 for the U.S. Army Corps for the development of new industries, and $1,000,000 in funding in H.R. 3183 in the of Engineers to perform needed recreational provide new incentives for coal mining. The Construction Account for the Dredged Mate- improvements to degraded Lake Cumberland Department of Defense has a keen interest in rials Disposal Facilities Program, Jacksonville structures and facilities. These operation and securing alternatives to petroleum for reliable Harbor, FL. maintenance funds may be used for needed supplies of battlefield fuels. Moreover, there This is a valuable use of taxpayer funds be- refurbishments and enhancements around the are certain applications where coal-derived cause it will contribute to the dredging im- lake. These enhancements include, but are fuels are environmentally superior for the pro- not limited to lake debris removal, environ- duction of ultra-clean diesel and jet fuel of in- provements which will assure that commod- mental restoration and recreational improve- terest to the aviation, heavy equipment and ities reach their destination efficiently and ments. trucking industries. Eastern and western Ken- cleanly by ship rather than by surface trans- Requesting Member: Congressman HAROLD tucky coals are suitable feed stocks for these portation, which reduces air pollution, strain on ROGERS purposes. our over-burdened highway system and traffic Bill Number: H.R. 3183 Requesting Member: Congressman HAROLD congestion. Account: U.S. Army Corps of Engineers— ROGERS In addition, to continue JAXPORT’s growth, Operations & Maintenance Bill Number: H.R. 3183 the channel must be deepened so it can han- Legal Name of Recipient: U.S. Army Corps Account: Department of Energy—Energy Ef- dle container ships with deeper drafts. of Engineers—Huntington District—Town of ficiency and Renewable Energy (EERE) There is a 25 percent non-Federal cost Martin Legal Name of Recipient: Morehead State share required for this project. Address of Recipient: 502 Eighth Street, University East Kentucky Bioenergy Capacity Requesting Member: Congressman ANDER Huntington, WV 25701 Assessment Project CRENSHAW

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Bill Number: H.R. 3183—Energy & Water Requesting Member: Congressman ANDER Description of how the money will be spent Appropriations Act, 2010 CRENSHAW and why the use of federal taxpayer funding is Account: Construction Bill Number: H.R. 3183—Energy & Water justified: Fairbanks North Star Borough in co- Legal Name of Receiving Entity: Army Appropriations Act, 2010 operation with the University of Alaska Fair- Corps of Engineers Account: Section 206 banks (UAF) Center for Energy and Power will Address of Receiving Entity: 701 San Marco Legal Name of Receiving Entity: Army use funds to perform research and develop- Boulevard Jacksonville FL 32207 Corps of Engineers ment work on an enhanced geothermal sys- Description of Request: I have secured Address of Receiving Entity: 701 San Marco tem designed to replace the 9 megawatt com- $1,000,000 in funding in H.R. 3183 in the Boulevard Jacksonville FL 32207 bined heat and power unit located on the cam- Construction Account for Jacksonville Harbor, Description of Request: I have secured pus of UAF. funding in H.R. 3183 in the Section 206 Ac- FL. Appropriated Amount: $1,000,000 count for the Big Fishweir Creek, FL. This is a valuable use of taxpayer funds be- Detailed Finance Plan: Program Coordina- cause dredging improvements will assure that Big Fishweir Creek is a small tributary on the St. Johns River, a federally-designated tion: $300,000, geothermal resource assess- commodities reach their destination efficiently ment: $500,000, test well: $4,200,000 and cleanly by ship rather than by surface American Heritage River, approximately 4 miles south of downtown Jacksonville. The Project Name: St. Hermann Harbor Dredg- transportation, which reduces air pollution, ing in Kodiak strain on our over-burdened highway system contributing sub-basin to Big Fishweir Creek has been urbanized, predominantly with resi- Bill Number: H.R. 3183—Army Corps of En- and traffic congestion. gineers In addition, to continue JAXPORT’s growth, dential land use, which is encroaching along the creek’s banks. Most of this urbanization Legal name and address of entity receiving the channel must be deepened so it can han- earmark: City of Kodiak, 710 Mill Bay Road, dle container ships with deeper drafts. occurred prior to the promulgation of storm water regulations. Consequently, only limited Kodiak, AK 99615 There is a 25 percent non-Federal cost Description of how the money will be spent share required for this project. storm water management has been imple- mented in the sub-basin. Contaminated sedi- and why the use of federal taxpayer funding is Requesting Member: Congressman ANDER ment from untreated storm water has been de- justified: In 1997, the Army Corps completed a CRENSHAW posited in the creek over time, reducing nat- breakwater to protect Kodiak’s St. Herman Bill Number: H.R. 3183—Energy & Water Harbor. The south channel of this new harbor Appropriations Act, 2010 ural habitat in the creek and along its banks. Under the authority provided by Section 206 has residual rubble from the construction pe- Account: Operations & Maintenance riod that needs to be dredged and cleaned out Legal Name of Receiving Entity: Army of the Water Resources Development Act of 1996, the Corps may plan, design and build in order to allow the channel entrance to be Corps of Engineers the width and depth intended by the original Address of Receiving Entity: 701 San Marco projects to restore aquatic ecosystems for fish and wildlife. Projects must be in the public in- project design. Boulevard Jacksonville FL 32207 Appropriated Amount: $500,000 Description of Request: I have secured terest and cost effective and are limited to $5 Detailed Finance Plan: Army Corps of Engi- $4,500,000 in funding in H.R. 3183 in the Op- million in Federal cost. There is a 50 percent non-Federal matching neers Operations and Maintenance: $500,000 erations & Maintenance Account for the Intra- requirement for this project. Project Name: High Penetration Wind Power coastal Waterway, Jacksonville to Miami, FL. Requesting Member: Congressman ANDER in Tatitlek The purpose of this funding is for the routine CRENSHAW Bill Number: H.R. 3183—Department of En- maintenance dredging of Reach 1 in Duval Bill Number: H.R. 3183—Energy & Water ergy County at Nassau Sound and non-routine Appropriations Act, 2010 Legal name and address of entity receiving maintenance dredging in Reach 3 will remove Account: Electricity Efficiency and Renew- 250,000 cyds. of material. The beach quality earmark: Native Village of Tatitlek, P.O. Box able Energy 171, Tatitlek, AK 99677 material will be placed on Amelia Island and Legal Name of Receiving Entity: City of Tal- Description of how the money will be spent the non-beach quality materials will be placed lahassee, Florida in DMMA DU–2. Address of Receiving Entity: 300 S. Adams and why the use of federal taxpayer funding is This is a valuable use of taxpayer funds be- Street Tallahassee FL 32301 justified: Funding will provide for a high pene- cause the operation and maintenance of the Description of Request: I have secured tration hybrid wind turbine/diesel power station Intracoastal Waterway in Florida is a Federal $250,000 in funding in H.R. 3186 in the Elec- in the Village of Tatitlek. Because it is expen- responsibility. tricity Efficiency and Renewable Energy Ac- sive to ship home heating fuel into Tatitlek, There are no matching funds required or al- count under the Department of Energy for the Tatitlek conducted studies on cost effective al- lowed for this project. City of Tallahassee Innovative Energy Initia- ternatives. Energy generation from wind is ex- Requesting Member: Congressman ANDER tives. pected to save the community 32 percent over CRENSHAW The City of Tallahassee will provide energy generation from diesel. Bill Number: H.R. 3183—Energy & Water $2,000,000 in matching funds for this project. Appropriated Amount: $900,000 Appropriations Act, 2010 f Detailed Finance Plan: Machines: $612,495; Account: Operations & Maintenance Shipping: $34,028; Concrete pads for genera- EARMARK DECLARATION Legal Name of Receiving Entity: Army tors: $156,257; Crane: $122,499; Electrical Corps of Engineers lines: $24,500; Controls and Equipment: Address of Receiving Entity: 701 San Marco HON. DON YOUNG $340,275; Site prep: $88,472; C.E. freight: Boulevard Jacksonville FL 32207 OF ALASKA $68,055; Wind prospecting: $20,417; Engi- Description of Request: I have secured IN THE HOUSE OF REPRESENTATIVES neering: $102,083 $6,035,000 in funding in H.R. 3183 in the Op- Wednesday, July 15, 2009 Project Name: Port of Anchorage erations & Maintenance Account for the Jack- Mr. YOUNG of Alaska. Madam Speaker, Bill Number: H.R. 3183—Army Corps of En- sonville Harbor, FL. pursuant to the Republican Leadership stand- gineers The purpose of this funding is for the peri- ards on earmarks, I am submitting the fol- Legal name and address of entity receiving odic dredging in the 20 mile main federal ship lowing information regarding earmarks I re- earmark: Port of Anchorage, 2000 Anchorage channel. ceived as part of H.R. 3183, the Energy and Port Rd, Anchorage, AK 99501 The Jacksonville Harbor project is an au- Water Development and Related Agencies Ap- Description of how the money will be spent thorized federal project and has regularly re- propriations Act, 2010. and why the use of federal taxpayer funding is ceived O&M funds which are necessary to re- Project Name: Fairbanks Geothermal En- justified: Provide an earmark of $18 million will tain the federal project depth. Pursuant to fed- ergy Project be used for operations and maintenance for eral statute, the Army Corps of Engineers is Bill Number: H.R. 3183—Department of En- the Port of Anchorage expansion project. responsible for maintenance of federal naviga- ergy Appropriated Amount: $18,000,000 tion channels. Legal name and address of entity receiving Detailed Finance Plan: Army Corps of Engi- There are no matching funds required or al- earmark: Fairbanks North Star Borough, 809 neers Operations and Maintenance: lowed for this project. Pioneer Road, Fairbanks, AK 99707 $18,000,000

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Madam Speaker, services, market contact and skills. As part of markable difference and serves as an out- pursuant to the Republican Leadership stand- a network of 300 World Trade Centers in 100 standing example to us all. ards on earmarks, I am submitting the fol- countries, WTCBN has the capabilities and f lowing information regarding earmarks I re- contacts to assist regional businesses in every ceived as part of H.R. 2892, the Department major market in the world. WTCBN is licensed EARMARK DECLARATION of Homeland Security Appropriations Act of by the World Trade Centers Association to 2010. serve companies throughout much of Upstate HON. HOWARD P. ‘‘BUCK’’ McKEON Requesting Member: Congressman CANDICE New York. The WTCBN shares a very similar OF CALIFORNIA S. MILLER mission as the Small Business Administration. IN THE HOUSE OF REPRESENTATIVES Bill Number: H.R. 3170—the Financial Serv- f Wednesday, July 15, 2009 ices and General Government Appropriations Act of 2010 RECOGNITION OF LES WEISBROD Mr. MCKEON. Madam Speaker, pursuant to Account: Salaries and Expenses the Republican Leadership standards on ear- Legal Name of Requesting Entity: Macomb HON. EDDIE BERNICE JOHNSON marks, I am submitting the following informa- County, Michigan OF TEXAS tion regarding Member priority requests I re- Address of Requesting Entity: 1 S. Main St., IN THE HOUSE OF REPRESENTATIVES ceived as part of H.R. 3170, the ‘‘Financial 7th Floor, Mt. Clemens, MI 48043 Wednesday, July 15, 2009 Services and General Government Appropria- Description of Request: This request, in the Ms. EDDIE BERNICE JOHNSON of Texas. tions Act, 2010.’’ amount of $100,000.00, would be used to pro- Requesting Member: Congressman HOW- Madam Speaker, it is with great honor and vide a variety of much needed programs and ARD P. ‘‘BUCK’’ MCKEON pleasure that I stand before you today to rec- services including training such as business Bill Number: H.R. 3170, the ‘‘Financial Serv- ognize a very special constituent and friend of plan and marketing writing and assistance. ices and General Government Appropriations mine. He is both a mentor and an outstanding Additionally, it would serve businesses and Act, 2010’’ lawyer with a brilliant legal mind, and I am Account: Small Business Administration entrepreneurs in Macomb County who cur- privileged to recognize and acknowledge the (SBA) rently lack access to such vital services. achievements of Les Weisbrod. I have known Legal Name of Requesting Entity: City of f him since 1971, and I can truly say that he is Palmdale, CA EARMARK DECLARATION a dedicated, distinguished, and committed cit- Address of Requesting Entity: 38300 Sierra izen. Highway, Palmdale, CA 93550 The name Weisbrod has long been associ- Description of Request: I requested and re- HON. CHRISTOPHER JOHN LEE ated with excellence, and his life and work re- OF NEW YORK ceived a Member priority request totaling flect his parents’ highest standards of hard IN THE HOUSE OF REPRESENTATIVES $100,000 to assist the City of Palmdale and work, honesty, courtesy, and responsibility. On the South Valley WorkSource Center (SVWC) Wednesday, July 15, 2009 July 30, 2009, Mr. Weisbrod will finish his term with their efforts to further develop and fully as President of the American Association for Mr. LEE of New York. Madam Speaker, pur- implement the second year of the Business Justice. As the largest trial bar in the world, suant to the Republican Leadership standards Resource Network, an economic development this association aims to promote a fair and ef- on earmarks, I am submitting the following in- support program that would connect area fective justice system and has benefitted enor- formation regarding an earmark I received as small businesses to available public and pri- mously from Mr. Weisbrod’s leadership and part of the Financial Services Appropriations vate business resources, which are designed expertise. He has served as President-Elect, bill. to increase worker skills preparedness, reduce Vice President, Secretary, Treasurer, and Par- Requesting Member: Congressman CHRIS- the potential for employee lay-offs and busi- liamentarian of the American Association for TOPHER LEE (NY–26) ness closures, and promote continuing local Justice, in addition to leading many of this as- Bill Number: H.R. 3170 economic development and growth. Account: Small Business Administration— sociation’s litigation groups through his quar- Salaries and Expenses ter-century of membership. f Legal Name of Requesting Entity: Buffalo Regarded as one of the most effective med- EARMARK DECLARATION Niagara International Trade Foundation ical malpractice and personal injury attorneys Address of Requesting Entity: 725 Main in the country, Mr. Weisbrod has obtained HON. FRED UPTON Street, Buffalo, NY 14203 more medical malpractice punitive damage OF MICHIGAN Description of Request: Provide an earmark jury verdicts for his clients than any other at- IN THE HOUSE OF REPRESENTATIVES of $250,000 to support three approaches by torney in the United States. In 2003, he ob- the World Trade Center Buffalo Niagara tained a verdict which has been reported by Wednesday, July 15, 2009 (WTCBN), a non-for-profit that helps compa- the National Law Journal as one of the 100 Mr. UPTON. Madam Speaker, pursuant to nies to enter, grow, and compete in inter- most important verdicts of that year, and he the Republican Leadership standards on ear- national markets: (1) The ‘‘Export Canada’’ was named one of the best lawyers in Dallas marks, I am submitting the following informa- program addresses the needs of small and for 2003–2005 in Dallas’ ‘‘D’’ Magazine and a tion regarding earmarks I received as part of medium sized-manufacturers and service firms ‘‘Texas Super Lawyer’’ for 2003–2004 in H.R. 3183, the Energy and Water Appropria- by providing workshops focused on exporting Texas Monthly. tions bill for Fiscal Year 2010. to Canada; (2) Expand WTCBN’s international Our communities and our country rely on St. Joseph Harbor O&M Dredging business development services and guided the contributions of individuals like Mr. Department: Army Corps of Engineers assistance to service a broader audience of Weisbrod who rise above and beyond the call Account: Operations & Maintenance companies in a 12-county region of Western of duty to make a difference in the lives of oth- Legal Name of Requesting Entity: Berrien New York; (3) Support comprehensive trade ers, both personally and professionally. He County, Michigan education and global skills development pro- has demonstrated an unfaltering and tireless Address of Requesting Entity: Berrien Coun- grams geared for the agribusiness and manu- commitment to the betterment of Dallas Coun- ty Administration Center, 701 Main St., St. Jo- facturing sectors through strengthened part- ty, the State of Texas, and the entire Nation. seph, MI 49085 nerships with educational institutions. I am fortunate to know and to have worked This request is for securing funds fur dredg- Of the total amount, approximately $100,000 with Mr. Weisbrod for the past 38 years, and ing both the inner and outer harbor of St. Jo- (or 40 percent) is for outreach and marketing; I am so pleased to call him a dear friend. seph, Michigan, as well as performing much-

VerDate Mar 15 2010 14:45 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00018 Fmt 0689 Sfmt 9920 E:\BR09\E15JY9.000 E15JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD July 15, 2009 EXTENSIONS OF REMARKS, Vol. 155, Pt. 13 17937 needed structural repairs. The inner harbor is environmentally benign and energy conscious ries of financial institutions seeking taxpayer a key port for raw materials such as lime- materials in their design and manufacturing funds and other special privileges, I am stone, sand and gravel for state highways. processes. The proposal is a collaborative pleased to call my colleagues’ attention to a Road and building construction projects in the project involving WMU College of Engineering, story from the Galveston Daily News about area receive a majority of their aggregate ma- College of Arts and Sciences, College of Busi- how four community banks came together to terials through the three commercial docks lo- ness, industry partners and community partici- help their friends, neighbors and customers cated in this harbor. Additionally, it is a major pants and seeks to enhance economic and begin to recover and rebuild from Hurricane hub for recreational boaters, with over 1,600 workforce development and technology trans- Ike. boat slips. This project has been authorized fer through the advancement and use of envi- Last fall, as the people of Galveston were through many WRDA acts, is vital to the eco- ronmentally friendly materials, designs, prod- assessing the damage from Hurricane Ike and nomic viability of Southwest Michigan, and has ucts and manufacturing processes and sys- Congress was beginning debate on spending the support of the entire community. tems, building upon the already successful billions of taxpayer funds to bail out irrespon- The St. Joseph Harbor is an integral cog in manufacturing, environment and energy re- sible financial institutions, representatives of the region’s economic engine. A recent study search centers and programs at WMU. Frost, HomeTown, Moody National and Texas by Purdue University gauged the harbor’s eco- Amount: $1,000,000 First banks meet to discuss how these banks nomic impact at more than $5.5 million dollars Funding Breakdown: One third of this fund- could help jumpstart hurricane recovery ef- and more than 35 local jobs. The St. Joseph ing will go to equipment, one third to edu- forts. The four banks agreed to make unse- Harbor is among the top 50 in commercial ac- cational materials development and delivery to cured bridge loans to Galveston businesses to tivity among Great Lakes Harbors. employees and students, and one third to pro- ensure these businesses had access to capital Amount: $750,000 gram support. Western Michigan University while they waited for federal assistance and Funding Breakdown: The entirety of this will provide supplemental funding for this S3 insurance payments. funding will go towards dredging to the en- million project. The four banks made more than $40 million trance, inner channel of the harbor and outer f in recovery loans. These loans provided life- harbor. Supplemental funds will be provided lines to many businesses struggling with both by Berrien County and local municipalities. TRIBUTE TO LIEUTENANT GEN- the devastation of Hurricane Ike and the credit New Buffalo Federal Channel O&M Dredg- ERAL JOHN L. ‘‘JACK’’ HUDSON crisis. Without the efforts of these four banks, ing several Galveston businesses would have had Department: Army Corps of Engineers HON. STEVE AUSTRIA to shut their doors. Account: Operations & Maintenance OF OHIO In conclusion, Madam Speaker, I extend my Legal Name of Requesting Entity: City of IN THE HOUSE OF REPRESENTATIVES thanks to management and employees of New Buffalo, Michigan Frost, HomeTown, Moody National, and Texas Address of Requesting Entity: City of New Wednesday, July 15, 2009 First banks for their efforts to help the busi- Buffalo, 244 W. Buffalo St., New Buffalo, MI Mr. AUSTRIA. Madam Speaker, I rise today nesses and people of Galveston recover from 49117 to congratulate Lieutenant General John L. Hurricane Ike. This request is to secure funds for the ‘‘Jack’’ Hudson, for his outstanding service to [From the Galveston Daily News, May 24, dredging of the Federal Channel in New Buf- our Nation on the occasion of his retirement. 2009] falo Harbor, from the Whittaker Street Bridge On behalf of the people of Ohio’s Seventh BANKS STEPPED UP WHEN CHIPS, ECONOMY to Lake Michigan. The floodwaters from the Congressional District, I am honored to con- WERE DOWN September 14, 2008 storm event discharged gratulate Lieutenant General Hudson upon his (By Laura Elder) an immense amount of sediment into the fed- retirement as the Commander of the Aero- Just days after Hurricane Ike, as failing eral channel which has restricted the access nautical Systems Center at Wright Patterson Wall Street institutions roiled the U.S. fi- to Lake Michigan. The project would dredge Air Force Base. nancial system, civic leaders and representa- the federal channel to remove the shoals His dedicated service to the citizens of our tives of four banks forged an agreement that (much worse then what normal dredging han- Nation and our area is both admirable and would profoundly shape the island’s eco- nomic recovery. dles) which prevent boats from accessing commendable. Hudson received his commis- After several meetings, some in storm- Lake Michigan. Dredged material would be sion in 1971 upon his graduation from the swamped buildings under generator-powered used to supplement a beach nourishment area U.S. Air Force Academy. Since that time, he lights, representatives of Frost, HomeTown, established by the ACOE. The federal channel has served as a T–38 instructor pilot; an A– Moody National and Texas First banks serves boat traffic for the south Lake Michigan 10 pilot, instructor pilot and flight examiner; agreed to make unsecured bridge loans to is- area, including residents of Chicagoland and and test pilot at Edwards Air Force Base. land businesses for rebuilding until federal Northern Indiana. New Buffalo is a boating Over the course of his distinguished career, money and insurance payments materialized. The community banks made more than $40 community with an economy that relies en- he has also served as the Assistant Deputy million in recovery loans at a time when tirely on its harbor’s access to Lake Michigan Under Secretary of the Air Force for Inter- lending by industry giants had all but via the Gallen River. Without the dredging, the national Affairs. Most recently, Lieutenant ground to a halt. The 180-day loans, at 5 per- City and surrounding area will see a significant General Hudson has served as the Com- cent interest, were a lifeline to local busi- decline in tourism and related jobs. This mander of the Aeronautical Systems Center at nesses hoping to recover quickly from a hur- project is authorized through the River and Wright Patterson Air Force Base, a position ricane that inflicted $11.4 billion in damage Harbor Act of 1962. from which he will retire in 2009. along the upper Texas Coast. Amount: $139,000 For his many years of service to our Nation, Some island business owners said their livelihoods would have been lost for good had Funding Breakdown: The entirety of this I join the people of Ohio’s Seventh Congres- it not been for the help of community bank- funding will go toward the dredging of the Fed- sional District in extending our best wishes ers. eral Channel in New Buffalo Harbor, from the upon his retirement and wish him ongoing LINE OF CREDIT Whittaker Street Bridge to Lake Michigan success in all future endeavors. Charley DiBella, owner of DiBella’s Italian Western Michigan University Green Manu- f Restaurant, which took in 4 feet of storm facturing and Energy Conscious Design Pro- surge, was helped by HomeTown Bank not gram COMMUNITIES REBUILD AFTER once but twice after Hurricane Ike, which Department: Energy HURRICANE IKE struck Sept. 13. Account: Office of Science and Biological DiBella credits the bank and Gary Research HON. RON PAUL Gilliland, chief commercial lending officer, Legal Name of Requesting Entity: Western for providing a line of credit to the res- OF TEXAS taurant. Michigan University IN THE HOUSE OF REPRESENTATIVES With the loan, DiBella’s was able to make Address of Requesting Entity: 1903 W. Wednesday, July 15, 2009 storm repairs and open in November. But in Michigan Ave., Kalamazoo, MI 49008 January, disaster struck again when a fire This project will assist companies (small Mr. PAUL. Madam Speaker, at a time when broke out on the second floor of the 20-year- companies in particular) to take advantage of the financial headlines are dominated by sto- old restaurant. HomeTown Bank helped

VerDate Mar 15 2010 14:45 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00019 Fmt 0689 Sfmt 0634 E:\BR09\E15JY9.000 E15JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD 17938 EXTENSIONS OF REMARKS, Vol. 155, Pt. 13 July 15, 2009 again, DiBella said. DiBella’s Italian Res- Ann Thomas and Jeff Sjostrom, president of ern Branch of the Elizabeth River and the VA- taurant plans to reopen Tuesday. Galveston Economic Development Partner- NC state line in the North Landing River, a ‘‘Without HomeTown Bank and Gary ship, for the idea of recovery loans. Island distance of 27 miles. The ACC is of critical im- Gilliland, there wouldn’t be a DiBella’s Res- businessman Gerald Sullivan, who early taurant,’’ DiBella said. ‘‘I had insurance, but after the storm was appointed by Thomas to portance to transportation, especially to the you know what that’s like.’’ help with recovery, also played a role in en- U.S. Navy which transported over 55 million Gilliland, who checked on properties for couraging recovery loans, bankers said. gallons of jet fuel yearly from the Craney Is- his clients who had evacuated and weren’t Frost Bank, headquartered in San Antonio, land to Oceana Naval Air Station in Virginia allowed back on the island for days after the made $5 million in recovery loans, Shannon Beach. Failure to fund the ACC will result in storm, was in May named Indie Banker of said. the Navy being unable to meet the fuel de- the Month by Independent Banker Magazine Sjostrom recently traveled to Manatee, mand of the Oceana Naval Station. The Navy for his work during Hurricane Ike. Fla., to share ideas with officials there about has stated that trucking this much fuel would BRIDGE OF DOLLARS recovery efforts. ‘‘They were just amazed at the response of not be feasible on a long-term basis. In addi- HomeTown Bank, at last count, had made tion, commercial and recreation vessels travel more than $6 million in bridge loans to area our local lenders,’’ Sjostrom said. Still only about 75 percent of the island’s the ACC in lieu of the Atlantic Ocean to pre- businesses after the storm, said Jimmy Ras- 2,500 business have returned, Sjostrom said. vent entry into the dangerous waters off Cape mussen, president and chief executive offi- Many were uninsured for flood damage when cer. Hatteras. An average of over 1,000,000 tons Two days after Ike struck, Wall Street in- Ike struck. of commerce passed though the Great Bridge stitution Lehman Brothers filed for Chapter Businesses that aren’t able to turn to the Lock yearly. Funds will be used to continue to 11 bankruptcy, deepening a financial crisis banks are doing what they can to recover, operate the navigation lock, swing bridge, and and already painful credit crunch that had Sjostrom said, ‘‘They’re not sitting back waiting and cry- canal. stalled lending. Fast-and-loose credit prac- ing,’’ Sjostrom said. ‘‘They’re going forward Requesting Member: Congressman J. tices by the banking giants had come home doing what they have to make it work. We RANDY FORBES to roost. still have a lot of businesses that need finan- Bill Number: H.R. 3183 NO ‘VOODOO’ PRODUCTS cial help.’’ Account: Army Corps of Engineers, Inves- But independent and community banks f tigations were never caught holding a bundle of bad Legal Name of Requesting Entity: Army loans. EARMARK DECLARATION Corps of Engineers ‘‘We’re not sitting here selling voodoo products to peddle to people,’’ said Matt Address of Requesting Entity: 803 Front Doyle, vice chairman of Texas First Bank. HON. J. RANDY FORBES Street, Norfolk, VA 23510 That local competing banks got together OF VIRGINIA Description of Request: Provides $100,000 in one room after the hurricane wasn’t so IN THE HOUSE OF REPRESENTATIVES to investigate federal flood control projects in unusual, Doyle said. the Chowan River Basin. In many locations Wednesday, July 15, 2009 ‘‘We may be competitors, but we’re com- within the basin, six of the top 10 historical munity bankers,’’ Doyle said. ‘‘When our Mr. FORBES. Madam Speaker, pursuant to high water marks have occurred from 1998 community is suffering, all that goes out the the Republican Leadership standards on ear- forward, including the flood of record (Hurri- window, and it’s never really even in the marks, I am submitting the following informa- house.’’ cane Floyd in 1999), October 2006 cold core Texas First Bank lent $8.5 million in recov- tion regarding earmarks I received as part of upper level low (second highest), and Hurri- ery loans. H.Q. 3183, the Energy and Water Develop- cane Isabel in 2003 (5th highest). Damages Bankers are the first to say their efforts ment and Related Agencies Appropriations Act from these storm events have ranged from weren’t without self-interest. They certainly of 2010. $10M to over $100M (February 2008 dollars). earned money from the loans. And they Requesting Member: Congressman J. The reconnaissance study will evaluate the made loans based on credit history, long- RANDY FORBES Federal interest in ways to protect the water standing relations and with the under- Bill Number: H.R. 3183 standing they would be repaid. resources of this highly productive basin with Account: Army Corps of Engineers, Con- particular emphasis on restoring wetlands and IN IT TOGETHER struction forested buffers lost from erosion and flooding, And if a lot of local businesses failed, the Legal Name of Requesting Entity: City of reducing flood damages throughout the basin, local banks were going to feel it, so they had Chesapeake, VA an interest in the success of their neighbors. and improving navigation and to determine the ‘‘If Galveston business didn’t recover, Address of Requesting Entity: 306 Cedar Federal interest in conducting a more detailed we’re all going to be damaged, all going to Road, Chesapeake, VA 23322 feasibility study. take losses,’’ said Vic Pierson, president of Description of Request: Provides $100,000 Requesting Member: Congressman J. Moody National Bank, which made about $21 to replace the existing 2-lane Deep Creek AIW RANDY FORBES million in recovery loans after the storm. Bridge with a 5-lane, dual bascule bridge, thus Bill Number: H.R. 3183 ‘‘It was in our best interest to do whatever providing a new structurally sound bridge and Account: Army Corps of Engineers, O&M we could to assist as rapidly as we could for reducing traffic congestion along the corridor. Legal Name of Requesting Entity: City of business recovery on the island.’’ AIW Deep Creek Bridge (owned and operated Hopewell, VA STRONG RELATIONSHIPS by the Army Corps of Engineers) was built in Address of Requesting Entity: 300 North Those who didn’t have strong relationships 1934 and is functionally obsolete. The City Main Street, Hopewell, VA 23860 with their bankers were left waiting for help and State (along with FHWA) have made im- Description of Request: Provides $600,000 from the Small Business Administration and provements on either side of the bridge and the Federal Emergency Management Agen- to obtain funding for the maintenance dredge cy, Pierson said. now replacement of the bridge is critical to the of the Appomattox River. The dredging of the ‘‘Those programs are very good, but to fi- movement of people and goods along U.S. Rt. Appomattox River will be of benefit to the re- nally get some dollars can take 90 to 120 days 17 as well as the Atlantic Intracoastal Water- gion in that it will: (1) restore the Appomattox or longer,’’ Pierson said. way. River to the free-flowing, fully navigable river ‘‘A business couldn’t wait three or four Requesting Member: Congressman J. that it was until the late 1970s; (2) reconnect months to get started and I think that’s RANDY FORBES the City to the navigable portions of the Appo- where the local community banks came in.’’ Bill Number: H.R. 3183 mattox River; (3) serve as a catalyst for the Watching a business rebuild can encourage Account: Army Corps of Engineers, O&M others to follow, Pierson said. commercial and residential revitalization; (4) ‘‘It was absolutely critical that people Legal Name of Requesting Entity: Army enhance local and regional tourism and rec- started putting their businesses back to- Corps of Engineers reational opportunities; and (5) improve the gether and making a statement,’’ Pierson Address of Requesting Entity: 803 Front environmental condition of the Appomattox said. Street, Norfolk, VA 23510 River. NEED REMAINS Description of Request: Provides Requesting Member: Congressman J. Albert Shannon, Frost Bank’s group presi- $2,620,000 for the Atlantic Intracoastal Water- RANDY FORBES dent in this region, and other bankers inter- way Albemarle and Chesapeake Canal to pro- Bill Number: H.R. 3183 viewed for this story credited Mayor Lyda tect the navigation route between the South- Account: Department of Energy, EERE

VerDate Mar 15 2010 14:45 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00020 Fmt 0689 Sfmt 9920 E:\BR09\E15JY9.000 E15JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD July 15, 2009 EXTENSIONS OF REMARKS, Vol. 155, Pt. 13 17939 Legal Name of Requesting Entity: City of EARMARK DECLARATION grants, training students in critical fields of Hopewell, VA science and technology, and contribute to eco- Address of Requesting Entity: 300 North HON. CHRISTOPHER JOHN LEE nomic development efforts in the region. Main Street, Hopewell, VA 23860 OF NEW YORK Requesting Member: Congressman CHRIS- TOPHER LEE (NY–26) Description of Request: Provides $350,000 IN THE HOUSE OF REPRESENTATIVES Bill Number: H.R. 3183 to support the city’s Green Building and Retro- Wednesday, July 15, 2009 fitting Program. Building green requires the Account: Corps of Engineers—Operations wise use of available materials and resources Mr. LEE of New York. Madam Speaker, pur- and Maintenance Legal Name of Requesting Entity: Army through energy and water efficiency strategies, suant to the Republican Leadership standards Corps of Engineers Buffalo District the recycling of waste, and the use of recycled on earmarks, I am submitting the following in- Address of Requesting Entity: 1776 Niagara materials. Energy use is reduced through formation regarding earmarks I received as Street, Buffalo, NY 14207 strategies such as low-e glazing, thicker insu- part of the FY10 Energy & Water Appropria- Description of Request: Provide an earmark lation, energy recovery, demand-controlled tions bill. of $2,696,000 for the routine operations and ventilation, efficient mechanical equipment, Requesting Member: Congressman CHRIS- maintenance of Mount Morris Dam, NY. Fail- and the use of renewable energy. The focus TOPHER LEE (NY–26) ure to fund could result in operating systems on indoor air quality that is characteristic of Bill Number: H.R. 3183 failures and structural degradation. green buildings and better health, increases Account: Department of Energy—Biomass Requesting Member: Congressman CHRIS- productivity, and, among students, higher test and Biorefinery Systems R&D Legal Name of Requesting Entity: County of TOPHER LEE (NY–26) scores. Monroe NY Department of Environmental Bill Number: H.R. 3183 Services Account: Department of Energy—EERE— f Address of Requesting Entity: 50 West Main Geothermal Technology 100TH ANNIVERSARY OF MOUNT Street, Suite 7100, Rochester, NY 14614 Legal Name of Requesting Entity: Daemen TABOR MISSIONARY BAPTIST Description of Request: Provide an earmark College CHURCH of $1,000,000 for the continued transformation Address of Requesting Entity: 4380 Main of the Mill Seat Landfill in Riga in to a very ef- Street, Amherst, NY 14226 ficient bioreactor through innovative har- Description of Request: Provide an earmark HON. VERN BUCHANAN nessing of methane to create energy with of $950,000 to implement a heating and cool- OF FLORIDA large and/or small generating system. This ing system in Daemen College’s largest build- second power plant will result in increased ing, housing many administrative, faculty, and IN THE HOUSE OF REPRESENTATIVES Methane production to produce up to 12.8 staff offices and many classrooms and labora- Wednesday, July 15, 2009 Megawatts of Renewable Green power and tories. associated Thermal Load. The project will Of the total amount, $25,650 (2.7 percent) is Mr. BUCHANAN. Madam Speaker, I rise allow the County to utilize the thermal output for personnel; $875,900 (92.2 percent) is for today to congratulate the Mount Tabor Mis- to spur economic development adjacent to the construction; and $48,450 (5.1 percent) is for sionary Baptist Church in Tallevast, Florida, on Landfill and sell the electricity and related equipment. its 100th Anniversary and recognize Pastor green benefits to offset utility costs. Funds will be used to implement the heating Ezell Patterson who has served as the con- Of the total amount, 100 percent is for pur- and cooling system. The project will create gregation’s spiritual leader for the past 33 chase and installation of equipment. jobs and educate people on energy efficiency. years. This state of the art process would provide Requesting Member: Congressman CHRIS- The 150-member church was founded in many environmentally friendly results: elimi- TOPHER LEE (NY–26) 1909 by the children of former slaves and has nates the need for incinerating sludge at the Bill Number: H.R. 3183 since provided a spiritual home to generations wastewater treatment plant saving non-renew- Account: Department of Energy—EERE— of Tallevast residents who have been able to able energy; reduces the use of non-renew- Other count on the enduring spiritual support and able fuel and emissions; and improves the de- Legal Name of Requesting Entity: Rochester presence of Mount Tabor. composition process via the use of the Institute of Technology Though its challenges have changed over ‘‘chemically treated biosolids’’. This is the first Address of Requesting Entity: 30 Lomb Me- the years, Mount Tabor Missionary Baptist has use of chemically treated biosolids from a morial Drive, Rochester, NY 14623 remained strongly committed to its core mis- Waste Water Treatment Plant to increase the Description of Request: Provide an earmark sion: provide spiritual guidance to all of its decomposition of Municipal solid waste result- of $250,000 to fund research to address a crit- members and their families. ing in increased Methane production while ex- ical technology gap impeding the deployment For the past few years, the church has pro- tending the life of the landfill by 30–50 per- and optimization of next generation autono- vided comfort and a meeting place for area cent. Also, Monroe County will use the free mous microsystems—the ability to effectively residents impacted by the recent discovery thermal associated with the project to entice and efficiently power these devices. The focus that some residents of the polluted community companies to relocate to the eight 25-acre of this research program to date has been to were drinking contaminated water for possibly economic development parcels adjacent to the use the facilities and expertise of the up to 40 years. landfill. NanoPower Research Labs (NPRL) at the Rochester Institute of Technology (RIT) in For more than a century now, Mount Tabor Requesting Member: Congressman CHRIS- power conversion and storage using new ma- has been the spiritual heart of the Tallevast TOPHER LEE (NY–26) terials such as carbon nanotubes and quan- community. Bill Number: H.R. 3183 Account: Department of Energy—Science tum dots to develop and commercialize the Resident Ms. Virginia Massie told The Bra- Legal Name of Requesting Entity: State Uni- next generation of autonomous power solu- denton Herald the church is ‘‘the most impor- versity of New York at Geneseo tions. tant thing in my life.’’ And Associate Pastor Address of Requesting Entity: Erwin 218, Of the total amount, approximately $50,000 Willie C. Shaw told the paper, it ‘‘has always SUNY Geneseo, Geneseo, NY 14454 (20 percent) is for faculty and staff; $32,000 been an extension of my immediate family.’’ Description of Request: Provide an earmark (12.8 percent) is for materials; $48,000 (19.2 I have had the pleasure of visiting with local of $500,000 for the purchase of a Fourier percent) is for services; $3,000 (1.2 percent) is residents in the church hall and attending Sun- Transform Nuclear Magnetic Resonance for travel; and $120,000 (48 percent) is for day service there. Spectrometer for SUNY Geneseo’s Integrated equipment. I congratulate Mount Tabor Missionary Bap- Science Center. The federal investment will enable the tist Church and its members for reaching this Of the total amount, 100 percent is for pur- NPRL at RIT to accelerate the translation of important milestone. I recognize its many ac- chase and installation of equipment. its fundamental research into a wide range of complishments, and I appreciate their suc- This instrument will replace an aging spec- applications, particularly for terrestrial solar en- cessful efforts to provide a spiritual home to trometer at the College thus allowing Geneseo ergy systems. The economic opportunities of the Tallevast community. to continue attracting competitive research this research initiative are also significant for

VerDate Mar 15 2010 14:45 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00021 Fmt 0689 Sfmt 9920 E:\BR09\E15JY9.000 E15JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD 17940 EXTENSIONS OF REMARKS, Vol. 155, Pt. 13 July 15, 2009 the upstate New York region, which is at a families in Denton County. The brand new Each modest house came with a tract of critical juncture in the need to jumpstart and 14,000 square foot facility will allow the land that enabled families to grow their own capitalize on emerging industries. CACDC to better serve a growing community. food. Every family received several dozen f Prior to the formation of the CACDC, there chickens, as well as agricultural tools, trees, was no adequate facility to care for the victims and bushes. The First Lady also pushed for EARMARK DECLARATION of child abuse cases. Children often under- each home to have a refrigerator and washing went questioning in frightening environments machine, as she believed that everyone de- HON. JO BONNER by investigators who were not trained to work served to have some comforts in life. Personal OF ALABAMA with child abuse victims. Today, the CACDC garages also served as a symbol of hope that IN THE HOUSE OF REPRESENTATIVES provides resources to child abuse victims and one day each family would own its own car. Wednesday, July 15, 2009 their families, hosts a comfortable environment Every month, families would pay rent which ul- to counsel abused children, and fights to en- timately went towards the purchase of their Mr. BONNER. Madam Speaker, I submit the sure that abusers are prosecuted. The Center homes. following. works hard to give children the care and en- Today Madam Speaker, as our country Requesting Member: Congressman JO BON- couragement they need to move past the trau- faces economic hardship, we can look to the NER ma of abuse. example of the past residents of Norvelt as Bill Number: H.R. 3170, Financial Services I am proud of the noble and devoted com- they worked hard in the hope of a better fu- and General Government Appropriations Act, munity leaders, such as the CACDC volunteer ture. 2010 board of directors, Executive Director Dan f Account: Federal Buildings Fund Leal, and countless others who have helped Legal Name of Requesting Entity: The Judi- grow the Center into the safe haven it is EARMARK DECLARATION ciary; U.S. General Services Administration today. I am honored to represent the people of (GSA) the Children’s Advocacy Center for Denton HON. JOE BARTON Address of Requesting Entity: Thurgood County in the 26th District of Texas, and I OF TEXAS Marshall Federal Judiciary Building One Co- offer them my congratulations, and endless IN THE HOUSE OF REPRESENTATIVES lumbus Circle, NE Washington, DC 20544; appreciation. Wednesday, July 15, 2009 1800 F. Street, NW, Washington DC 20405 f Description of Request: Provide a judicially Mr. BARTON of Texas. Madam Speaker, I directed earmark of $96,000,000 to construct IN HONOR OF HOMESTEADING AND rise today to submit documentation consistent a new Mobile United States Courthouse, Ala- THE 75TH ANNIVERSARY OF with the Republican Earmark Standards. bama (approximately $2,600,000 for additional NORVELT Requesting Member: Congressman JOE site acquisition; $6,000,000 for additional de- BARTON sign; $87,400,000 construction account). The HON. JOHN P. MURTHA Bill Number: H.R. 3183—Energy and Water existing courthouse was originally constructed OF PENNSYLVANIA Development and Related Agencies Appro- in 1932. There are major security concerns, IN THE HOUSE OF REPRESENTATIVES priations Bill such as the need to use public hallways and Account: Corps of Engineers—Construction Wednesday, July 15, 2009 public elevators to transport prisoners, and no Legal Name of Receiving Entity: The City of holding cells adjacent to the courtrooms. Mr. MURTHA. Madam Speaker, I rise today Arlington There are HVAC and mold problems in most to honor the 75th Anniversary of Norvelt. This Address of Receiving Entity: 101 W. Abram, of the courthouse and a serious lack of space, community, located in Mount Pleasant Town- P.O. 90231, MS 01–0310, Arlington, TX making it necessary to stack court documents ship in Westmoreland County, Pennsylvania, 76004–0231 and office supplies in hallways and on stair- was originally named Westmoreland Home- Description of Request: I have secured well landings. Once GSA constructs the facil- stead. It was created to demonstrate how a $1,500,000 in funding in H.R. 3183 in the ity, the court will occupy the new courthouse homesteading community could assist dis- Corps of Engineers—Construction account for and pay rent to GSA for the building. The Mo- placed coal miners. In the early 1900s, west- The City of Arlington. bile metro area is projected to be among the ern Pennsylvania had emerged as the world The funding would be used for flood dam- fasting growing metropolitan areas in the leader in mining bituminous-coal, but the age reduction, restoration of the floodplain and country. The Judiciary FY10 request was Great Depression caused the mining industry its riparian areas and the development of a lin- $190,300,000; therefore, approximately to falter, causing massive job loss and severe ear park with passive recreational facilities. $94,300,000 is needed to complete construc- wage reductions. Requesting Member: Congressman JOE tion of this ongoing project. While driving through impoverished mining BARTON f towns and witnessing first hand the severe Bill Number: H.R. 3183—Energy and Water poverty the families were enduring, First Lady Development and Related Agencies Appro- CONGRATULATING THE CHIL- Eleanor Roosevelt became deeply concerned. priations Bill DREN’S ADVOCACY CENTER FOR Many houses she visited had upwards of ten Account: Department of Energy—Fossil En- DENTON COUNTY ON THE RIB- people sharing one bed and some families ergy R&D BON CUTTING OF ITS NEW FA- were so poor they were living in abandoned Legal Name of Receiving Entity: The Uni- CILITY coke ovens. Mrs. Roosevelt believed that sub- versity of Texas at Arlington sistence housing would provide for a better Address of Receiving Entity: 701 South HON. MICHAEL C. BURGESS quality of life for the impoverished citizens. Nedderman Drive, 346 Davis Hall, Arlington, OF TEXAS Her husband, President Franklin D. Roosevelt, TX 76019 IN THE HOUSE OF REPRESENTATIVES supported his wife’s vision by establishing the Description of Request: I have secured homesteading movement in the New Deal. $1,000,000 in funding in H.R. 3183 in the De- Wednesday, July 15, 2009 The new homesteading community in West- partment of Energy—Fossil Energy R&D ac- Mr. BURGESS. Madam Speaker, I rise moreland County eventually changed its name count for The University of Texas at Arlington. today to congratulate the Children’s Advocacy to ‘‘Norvelt’’ in honor of Eleanor Roosevelt. The funding would be used to develop tech- Center for Denton County on the completion In contrast to previous ‘‘patch towns,’’ where nology that will allow the conversion of home- and ribbon cutting of its new facility in miners were almost entirely dependent on land natural resource hydrocarbons, such as Lewisville, Texas. After providing justice and their employers, the new homestead enabled coal, oil sands, crude, oil shale, biotars, agri- healing for abused children in North Texas for residents to be self-reliant. The community cultural wastes and industrial sludges, into over 10 years, the CACDC will now be able to was 772 acres and sustained 254 homes. The more valuable forms of energy, such as clean, open its doors to more families and children in new residents, who came from the older, sur- affordable gases, transportation fuels and need. rounding communities, assisted in the con- heating oil. What began in 1994 as a task force is now struction of their new residences and were re- Requesting Member: Congressman JOE a symbol of hope for abused children and their sponsible for the painting. BARTON

VerDate Mar 15 2010 14:45 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00022 Fmt 0689 Sfmt 9920 E:\BR09\E15JY9.000 E15JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD July 15, 2009 EXTENSIONS OF REMARKS, Vol. 155, Pt. 13 17941 Bill Number: H.R. 3183—Energy and Water age in grueling physical training and a 97.6 Address of Requesting Entity: 1222 Spruce Development and Related Agencies Appro- average conducting his tactical scenarios. Be- Street, St. Louis, MO 63103 priations Bill cause of his excellent scores, Brandon was Description of Request: Provides an ear- Account: Department of Energy—Electricity honored at the graduation ceremony with the mark of $44.130 million This project extends Delivery and Energy Reliability Academic Achievement award, Top Physical from the mouth of the Missouri River at St. Legal Name of Receiving Entity: The Uni- Conditioning award and the William H. Parker Louis 105 miles upstream to the tail waters of versity of Texas at Arlington award for overall excellence. The ‘overall ex- Lock and Dam 22. Funds could be used for Address of Receiving Entity: 701 South cellence’ award named after Mr. Parker—a current-year O&M as well as for deferred Nedderman Drive, 346 Davis Hall, Arlington, former police chief for the LAPD who served maintenance on an aging system of locks and TX 76019 admirably in WWII—is especially befitting an dams (Locks and Dams 24, 25, and 26 (Mel Description of Request: I have secured Army veteran such as Brandon. Price)). Basic Operation & Maintenance would $500,000 in funding in H.R. 3183 in the De- Again, Madam Speaker, Brandon is the son provide a nine-foot navigation channel, regu- partment of Energy—Electricity Delivery and of my senior advisor, Mariana Parks, and I lating works, dike and revetment, dredging, Energy Reliability account for The University know she is one of the proudest mothers in environmental compliance and environmental of Texas at Arlington. the world. I also know Brandon’s grandparents stewardship. The funding would be used to purchase on Whidbey Island, Washington, Joe and Requesting Member: Congressman TODD capital equipment, construction, and for sala- Jaynie Putnam, are extremely proud of Bran- AKIN ries. don and his accomplishments. Of course, this Bill Number: H.R. 3183 Requesting Member: Congressman JOE House owes Brandon a debt of gratitude for Account: Army Corps of Engineers, Con- BARTON his service in Iraq and I am eager to follow his struction Bill Number: H.R. 3183—Energy and Water career serving as a dedicated law enforce- Legal Name of Requesting Entity: U.S. Development and Related Agencies Appro- ment officer. Army Corps of Engineers, Rock Island District priations Bill f Address of Requesting Entity: Clock Tower Account: Corps of Engineers—Investigations Bldg, PO Box 2004, Rock Island, IL 61204 Legal Name of Receiving Entity: The City of EARMARK DECLARATION Description of Request: Provides an ear- Kennedale mark of $20 million. This project addresses Address of Receiving Entity: 405 Municipal HON. W. TODD AKIN adverse impacts to the aquatic ecosystem Dr., Kennedale, TX 76060 OF MISSOURI caused by maintenance of the river’s naviga- Description of Request: I have secured IN THE HOUSE OF REPRESENTATIVES tion channel. This includes habitat rehabilita- $500,000 in funding in H.R. 3183 in the Corps Wednesday, July 15, 2009 tion and measures to determine if enhance- of Engineers—Investigations account for The Mr. AKIN. Madam Speaker, pursuant to the ment projects are effectively preserving and City of Kennedale. Republican Leadership standards on ear- improving fish and wildlife habitat on the river. The funding would be used for a study con- marks, I am submitting the following informa- Requesting Member: Congressman TODD ducted by the Corps of Engineers to deter- tion regarding earmarks I received as part of AKIN mine the engineering, economic, and environ- H.R. 3183, the Energy and Water Develop- Bill Number: H.R. 3183 mental feasibility of constructing a flood con- ment and Related Agencies Appropriations Account: Army Corps of Engineers, Con- trol project within the Upper Trinity River Act, 2010. struction Basin. Legal Name of Requesting Entity: City of Requesting Member: Congressman TODD Valley Park f AKIN Address of Requesting Entity: 320 Benton, HONORING BRANDON PARKS Bill Number: H.R. 3183 Account: Army Corps of Engineers, Con- Valley Park, Missouri 63088 struction Description of Request: Provides an ear- HON. DAVID G. REICHERT Legal Name of Requesting Entity: Monarch- mark of $600,000. The flood control portions OF WASHINGTON Chesterfield Levee District of this 3.2 mile levee project in St. Louis IN THE HOUSE OF REPRESENTATIVES Address of Requesting Entity: 17627 County, Missouri on the left descending bank Wednesday, July 15, 2009 Wildhorse Creek Rd., Chesterfield, MO 63005, of the Meramec River are largely complete. USA Funds would be used to install seepage con- Mr. REICHERT. Madam Speaker, today I Description of Request: Provide an earmark trols at railroad embankment, prepare the final rise in recognition of a recent graduate of the of $3.331 million to complete construction of operation and maintenance manuals, prep Los Angeles police academy who excelled in closure structures and pump stations. Funding final as-built drawings, conduct final reviews every aspect of his training and will, no doubt, from this request could be used to construct and audits, and perform financial close-out of serve and protect the people of Los Angeles the Baxter Road closure structure and initiate the flood damage reduction component of the with respect, honor and commitment. design of the Walnut Grove flood wall at Long project. Brandon Parks, 28, the son of my senior ad- Road. These structures will augment com- f visor Mariana Parks, and an Army veteran pleted earth works that provide 500-year pro- who served in Iraq, is now patrolling the tection to over 700 businesses. This request is RECOGNIZING CATHERINE SOO streets of the Foothill District in northern Los consistent with the intended and authorized JUNG HAN Angeles. I’m confident a young, responsible purpose of the Army Corps of Engineers, Con- and highly motivated young man such as struction account and has previously been au- HON. MIKE QUIGLEY Brandon is enjoying his first days and weeks thorized by the Water Resources Development OF ILLINOIS on the force just as I did years ago for the Act (WRDA) of 2000, Section 101(b)(18). The IN THE HOUSE OF REPRESENTATIVES King County Sheriff’s Department. Monarch-Chesterfield Levee District will pro- Wednesday, July 15, 2009 But today, Madam Speaker, I want to focus vide its cost share in accordance with Federal my remarks on the exceptional way Brandon cost-sharing requirements for Federal flood Mr. QUIGLEY. Madam Speaker, I rise today conducted himself during his 24-week training protection projects, 65 percent Federal, 35 in recognition of Catherine Soo Jung Han. Ms. at the Los Angeles Police Academy. Arriving percent non-Federal, and the non-Federal Han is a second generation Korean who, in to the academy every morning at 6:00 a.m., a funding will come directly from the Levee Dis- taking after her late father, tirelessly dedicates typical day for Brandon and his fellow recruits trict. her time to the well-being of others in the consisted of running, writing, shooting, think- Requesting Member: Congressman TODD community. Ms. Han’s father was a Tae Kwon ing, perceiving and everything else in be- AKIN Do Master in Chicago and he would often give tween. No matter the amount of physical, Bill Number: H.R. 3183 up his own possessions in order to help those mental and emotional fatigue Brandon may Account: Army Corps of Engineers, Oper- in need. have felt, he graduated on June 19 with out- ation and Maintenance Ms. Han is currently a board member with standing final marks: a 99.5 average in his re- Legal Name of Requesting Entity: U.S. the Korean American Resource and Cultural port writing and academic testing, a 91 aver- Army Corps of Engineers, St. Louis District Center. She served as Board President from

VerDate Mar 15 2010 14:45 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00023 Fmt 0689 Sfmt 9920 E:\BR09\E15JY9.000 E15JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD 17942 EXTENSIONS OF REMARKS, Vol. 155, Pt. 13 July 15, 2009 2006 to 2008 and as Board Secretary from Description of Request: H.R. 3183 lists the Energy Initiative. It is my understanding that 2003 to 2006. Ms. Han has been instrumental Jackson Brook project under the Section 205 the funding would be used for the Morris in the KRCC’s Project Participate, which reg- CAP Program, which is authorized by Con- County Renewable Energy Initiative for de- isters, educates and mobilizes over 8,000 Ko- gress. The funding would be used for comple- sign, acquisition and installation of renewable rean-American voters in local, state, and fed- tion of design. Flood damages have occurred energy equipment and facilities such as solar eral elections. to the homes and property located on the panels. Ms. Han is currently the only female per- lower part of the Jackson Brook Watershed, BM: H.R. 3183, Energy and Water Develop- former in Il Kwa Nori, the KRCC’s professional as well as damages to the public park facili- ment and Related Agencies Appropriations pungmul, traditional Korean drumming, troupe ties. Flooding has caused siltation in Hedden Act, 2010 which performs both within and outside the Pond. Account: Department of Energy, EERE Korean American community 25 times annu- Bill: H.R. 3183, Energy and Water Develop- Legal Name and Address of Requesting En- ally. In addition to performing, Ms. Han teach- ment and Related Agencies Appropriations tity: The entity to receive funding for this es youth workshops in drumming. Her influ- Act, 2010 project is the Newark Museum located at 49 ence on youth extends further for she encour- Account: Army Corps of Engineers, Con- Washington Street, Newark, NJ 07102. ages children she helps to make volunteerism struction Description of Request: H.R. 3183 includes a priority in their lives. Legal Name and Address of Requesting En- $500,000 for the Newark Museum. It is my un- I am honored to recognize Catherine Soo tity: The entity to receive funding for this derstanding that the funding would be used for Jung Han. She exemplifies the values of integ- project is the Army Corps of Engineers North green energy enhancements including various rity and compassion, and those who have Atlantic Division, located at Jacob K. Javits applications of water to water heat pumps, been inspired by her will be the living legacy Federal Building, 26 Federal Plaza, Room geothermal heating and photovoltaic collection of both her efforts and her father’s. I thank her 2109, and New York, NY 10278–0090 De- units. It is my understanding that the Museum and those who have joined her in strength- scription of Request: H.R. 3183 includes will be one of the most energy efficient in the ening the community. $5,000,000 for the Passaic River Basin Flood United States and will be a model for future in- f Management project, which is authorized by stitutions. Congress. The funding would be used for the Bill: H.R. 3183, Energy and Water Develop- PERSONAL EXPLANATION continued acquisition and removal from the ment and Related Agencies Appropriations State defined Floodway of homes along the Act, 2010 HON. J. GRESHAM BARRETT Passaic River. The authorization specifies that Account: Department of Energy, EERE OF SOUTH CAROLINA the buy-outs are to be from willing sellers. The Legal Name and Address of Requesting En- IN THE HOUSE OF REPRESENTATIVES flooding has long been a problem in the Pas- tity: The entity to receive funding is Somerset saic River Basin resulting in significant prop- County located at 20 Grove Street, P.O. Box Wednesday, July 15, 2009 erty loss and the loss of life. 3000, Somerville, NJ 08876. Description of Mr. BARRETT of South Carolina. Madam Bill: H.R. 3183, Energy and Water Develop- Request: H.R. 3183 includes $2,000,000 for Speaker, unfortunately I missed recorded ment and Related Agencies Appropriations the Somerset County Renewable Energy Ini- votes on the House floor on Tuesday, July 14, Act, 2010 tiative. It is my understanding that the funding 2009. Account: Department of Energy, Office of would be used for the Somerset County Re- Had I been present, I would have voted Science newable Energy Initiative for design, acquisi- ‘‘nay’’ on rollcall vote No. 531 (on Motion to Legal Name and Address of Requesting En- tion and installation of renewable energy Adjourn); ‘‘nay’’ on rollcall vote No. 532 (on tity: The entity to receive funding for this equipment and facilities such as solar panels. Motion to Adjourn), ‘‘yea’’ on rollcall vote No. project is the College of Saint Elizabeth lo- f 533 (on motion to suspend the rules and cated at 2 Convent Station, Morristown, NJ agree to H. Res. 612), ‘‘yea’’ on rollcall vote 07960. EARMARK DECLARATION No. 534 (on motion to suspend the rules and Description of Request: H.R. 3183 includes agree to H. Res. 469), ‘‘yea’’ on rollcall vote $1,000,000 for the College of Saint Elizabeth. HON. LEONARD LANCE No. 535 (on motion to suspend the rules and It is my understanding the funding will assist OF NEW JERSEY agree to H.R. 1037), ‘‘yea’’ on rollcall vote No. the College with the partial renovation of the IN THE HOUSE OF REPRESENTATIVES 536 (on motion to suspend the rules and teaching and learning spaces dedicated to Wednesday, July 15, 2009 agree to H.R. 402). Nursing, Allied Health Studies, Health Care f Management, and Foods and Nutrition pro- Mr. LANCE. Madam Speaker, pursuant to grams. Additionally, the funding will assist the the Republican Leadership standards on ear- EARMARK DECLARATION college with renovation of the teaching and marks, I am submitting the following informa- learning spaces dedicated to programs in Biol- tion regarding earmarks I received as part of HON. RODNEY P. FRELINGHUYSEN ogy, Chemistry, Applied Science, and Mathe- H.R. 3183—the FY 2010 Energy and Water OF NEW JERSEY matics. The funding will provide for design, Development and Related Agencies Appro- IN THE HOUSE OF REPRESENTATIVES construction, and outfitting of classroom, lab, priations Act: research and support spaces for these pro- Army Corps of Engineers (Investigations), Wednesday, July 15, 2009 grams. The physical renewal of these spaces Millstone River Basin, NJ Flood Damage Re- Mr. FRELINGHUYSEN. Madam Speaker, is being undertaken in conjunction with signifi- duction and Ecosystem Restoration Study— pursuant to the Republican Leadership stand- cant curricular revision of the College’s under- $250,000. The funding would be used to con- ards on earmarks, I am submitting the fol- graduate program with the goal of aligning tinue the federally authorized feasibility study lowing information regarding earmarks I re- pedagogy, technology, and teaching and to develop flood damage reduction and eco- ceived as part of the Fiscal Year 2010 Energy learning spaces in ways that will better serve system restoration alternatives in the Millstone and Water Development and Related Agen- the educational needs of the wide range of River Basin. The entity to receive this funding cies Appropriations Act. students who use these facilities on a regular is: U.S. Army Corps of Engineers, New York Bill: H.R. 3183, Energy and Water Develop- basis. District, 26 Federal Plaza, New York, NY ment and Related Agencies Appropriations Bill: H.R. 3183, Energy and Water Develop- 10278 Act, 2010 ment and Related Agencies Appropriations Army Corps of Engineers (Investigations) Account: Army Corps of Engineers, Section Act, 2010 Rahway River Basin, NJ Flood Damage Re- 205 Account: Department of Energy, EERE duction and Ecosystem Restoration Study— Legal Name and Address of Requesting En- Legal Name and Address of Requesting En- $300,000. tity: The entity to receive funding for this tity: The entity to receive funding is Morris The funding would be used to continue the project is the Army Corps of Engineers North County Improvement Authority located at P.O. federally authorized feasibility study to develop Atlantic Division, located at Jacob K. Javits Box 900, Morristown, NJ 07960–0900. flood damage reduction and ecosystem res- Federal Building, 26 Federal Plaza, Room Description of Request: H.R. 3183 includes toration alternatives in the Rahway River 2109, and New York, NY 10278–0090 $2,000,000 for the Morris County Renewable Basin.

VerDate Mar 15 2010 14:45 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00024 Fmt 0689 Sfmt 9920 E:\BR09\E15JY9.000 E15JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD July 15, 2009 EXTENSIONS OF REMARKS, Vol. 155, Pt. 13 17943 The entity to receive this funding is: U.S. Development Appropriations Act contains Research’’ taxpayer justification—It is my un- Army Corps of Engineers, New York District, $550,000 for Collection and Study of Basic derstanding that the funding will help the de- 26 Federal Plaza, New York, NY 10278 Data—Flood Plain Management Services, velopment of renewable, liquid transportation Department of Energy (EERE) Energy Audit, Wichita Area Drainage Master Plan, Kansas in fuel alternatives from domestic sources, will Efficiency Improvements, and Renewable En- the Corps of Engineers’ Investigations ac- improve U.S. energy security by decreasing ergy Installations, Township of Branchburg, count. The entity to receive funding for this our dependence on foreign oil sources, devel- NJ—$1,000,000. project is the City of Wichita, located at City opment of renewable energy systems will re- The funding would be used for engineering, Hall, 455 North Main, Wichita, KS 67202. duce net greenhouse gas emissions, and the construction and administrative costs for the Funding will be used to conduct a drainage development of integrated biorefining systems design and installation of NJ Clean Energy master plan for the Wichita area. Development that can produce liquid fuels from biomass will Program—local government energy audit en- of a Wichita Area Drainage Master Plan will create new jobs in rural communities through- ergy efficiency improvements and for the in- ensure the economic wellbeing of the Wichita out the U.S. stallation of Renewable Energy Installations area by providing a comprehensive plan for Requesting Member: Congressman MIKE (solar power) for major components of addressing drainage issues. ROGERS (AL) Branchburg Township Buildings and Grounds Department of Energy—National Institute for Bill Number: H.R. 3183 facilities. Aviation Research, Advanced Materials Re- Account: DOE, EERE account, $300,000 The entity to receive this funding is: Town- search. H.R. 3183, the Fiscal Year 2010 En- Legal Name of Requesting Entity: Alabama ship of Branchburg, 1077 Highway 202 North, ergy and Water Development Appropriations Institute for Deaf and Blind, Talladega, AL Branchburg Township, NJ 08876 Act contains $1,500,000 for the National Insti- Address of Requesting Entity: 205 E. South Department of Energy (EERE) Municipal tute for Aviation Research, Advanced Mate- Street, Talladega, Alabama 35161 Building Energy Efficient Window Replace- rials Research, in the Department of Energy’s Description of Request: ‘‘Alabama Institute ment Program, Township of Cranford, NJ— Energy Efficiency and Renewable Energy ac- for Deaf and Blind Biodiesel Project Green’’ $180,000. count. The entity to receive funding for this taxpayer justification—It is my understanding This money will be spent to reduce the en- project is Wichita State University located at that the funding will implement a multifaceted ergy costs of heating and air-conditioning the 1845 Fairmount St, Wichita, KS 67260. biodiesel training, production and public edu- Municipal Building by replacing 45 old win- The funding would be used for green wind cation program. AIDB views alternative energy dows that were built in 1960 with energy effi- energy and sustainability research activities. projects, like Project Green, as a viable means cient windows. f to not only reduce U.S. dependence on for- The entity to receive this funding is: Town- eign oil, but to also to deflect fuel prices, sup- EARMARK DECLARATION ship of Cranford, 8 Springfield Avenue, port local agriculture, aid city sewer infrastruc- Cranford, NJ 07016 tures, cleanse the environment, lower carbon f HON. MIKE ROGERS dioxide emissions, educate Alabama’s youth, OF ALABAMA promote public awareness and develop work EARMARK DECLARATION IN THE HOUSE OF REPRESENTATIVES skills among those with disabilities (an un- Wednesday, July 15, 2009 tapped labor pool) that can transfer into a vari- HON. TODD TIAHRT Mr. ROGERS of Alabama. Madam Speaker, ety of employment settings. It is an excellent OF KANSAS pursuant to the Republican Leadership stand- model for replication on a national scale. IN THE HOUSE OF REPRESENTATIVES ards on earmarks, I am submitting the fol- f Wednesday, July 15, 2009 lowing information regarding earmarks I re- PERSONAL EXPLANATION Mr. TIAHRT. Madam Speaker, in accord- ceived as part of H.R. 3183—Energy and ance with the February 2008 New Republican Water Development and Related Agencies Ap- HON. RANDY NEUGEBAUER Earmark Standards Guidance, I submit the fol- propriations Act, 2010. Requesting Member: Congressman MIKE OF TEXAS lowing in regards to H.R. 3183, the Fiscal ROGERS (AL) IN THE HOUSE OF REPRESENTATIVES Year 2010 Energy and Water Development Bill Number: H.R. 3183 Wednesday, July 15, 2009 Appropriations Act: Account: Corps of Engineers, Section 206 Bureau of Reclamation—Wichita Project, account Mr. NEUGEBAUER. Madam Speaker, I was Equus Beds Division, Kansas. H.R. 3183, the Legal Name of Requesting Entity: City of absent from votes on July 13, 2009 due to a Fiscal Year 2010 Energy and Water Develop- Phenix City, AL flight delay. Had I been present, I would have ment Appropriations Act contains $600,000 for Address of Requesting Entity: 601 12th voted ‘‘nay’’ on rollcall No. 530. the Equus Beds Division of the Wichita Project Street, Phenix City, Alabama 36867 f in the Bureau of Reclamation’s Water and Re- Description of Request: ‘‘Chattachoochie EARMARK DECLARATION lated Resources account. The entity to receive River Dam Removal’’ Taxpayer justification—It funding for this project is the City of Wichita, is my understanding that this funding will be located at City Hall, 455 North Main, Wichita, used to remove two small, under utilized and HON. ANH ‘‘JOSEPH’’ CAO KS 67202. outdated low-head dams, restore fish habitat OF LOUISIANA The funding would be used for funding the for the shoal bass and other species in a 2.3 IN THE HOUSE OF REPRESENTATIVES design on Phase II of the Equus Beds Aquifer mile stretch of the Chattahoochee River and Wednesday, July 15, 2009 Storage and Recovery project. allow the use of a natural white-water course U.S. Army Corps of Engineers—El Dorado for related recreation consistent with Corps Mr. CAO. Madam Speaker, pursuant to the Lake, Kansas. H.R. 3183, the Fiscal Year planning policy. Together these project objec- Republican Leadership standards on ear- 2010 Energy and Water Development Appro- tives will improve fish habitat and environ- marks, I am submitting the following informa- priations Act contains $1,586,000 for El Do- mental quality and advance ecotourism and tion regarding earmarks I received as part of rado Lake, Kansas, in the Corps of Engineers’ economic development for Alabama and Geor- H.R. 2892—the Department of Homeland Se- Operations and Management account. The en- gia communities. curity Appropriations Act, 2010: tity to receive funding for this project is the Requesting Member: Congressman MIKE As requested by me, Rep. ANH ‘‘JOSEPH’’ United States Army Corps of Engineers, Tulsa ROGERS (AL) CAO, H.R. 2892—the Department of Home- District located at 1645 S. 101 East Ave., Bill Number: H.R. 3183 land Security Appropriations Act, 2010, pro- Tulsa, OK 74128. Account: DOE, EERE account, $1,500,000 vides for the City of New Orleans Emergency The funding would be used to remote con- Legal Name of Requesting Entity: Auburn Medical Services (‘‘EMS’’), New Orleans, LA trol the flood gates to improve efficiencies University, Auburn, AL in support of an Emergency Operations Cen- within the Tulsa district. Address of Requesting Entity: 102 Samford ter. This is in the FEMA—State and Local Pro- U.S. Army Corps of Engineers—Wichita Hall, Auburn, Alabama 36849 grams—Emergency Operations Center Ac- Area Drainage Master Plan, Kansas. H.R. Description of Request: ‘‘Auburn University, count in the amount of $750,000. This will 3183, the Fiscal Year 2010 Energy and Water Biomass to Liquid Fuels and Electric Power benefit the City of New Orleans, 1300 Perdido

VerDate Mar 15 2010 14:45 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00025 Fmt 0689 Sfmt 9920 E:\BR09\E15JY9.001 E15JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD 17944 EXTENSIONS OF REMARKS, Vol. 155, Pt. 13 July 15, 2009 Street, Suite 4W07, New Orleans, LA 70112 in and reactors; and educate the next generation for this rock wall failure for the past 20 years. the form of upgrades and retrofitting of a new of medically-related nuclear scientists. The The Army Corps has completed the Recon- permanent Emergency Operations Center for Idaho Accelerator Center (IAC) will develop a naissance Study and the General Investigation the city’s sole 9–1–1 emergency medical serv- medical isotope production facility that will Study, but the project has been on hold due ice provider. This funding will help secure and serve regional isotope needs, conduct basic to a lack of funding. store equipment and medication, and provide research in isotope production, educate the Project Name: Rural Idaho Section 595 a training center and base of operations for next generation of medically-related nuclear Amount Received: $5,000,000 the emergency medical services. Currently, scientists, and partner with regional and na- Account: Corps of Engineers Emergency Medical Services are operating tional entities in medical isotope distribution Recipient: Walla Walla District Corps of En- from a pairing of FEMA trailers staged under- and use. This program will meet regional and gineers neath the Crescent City Connection overpass. national needs in education and isotope pro- Recipient’s Street Address: Boise Field Of- Moving to the new facility on City Park Avenue duction and provide new isotopes that are not fice, 304 8th St., Rm. 140, Boise, ID 83702– and making the proposed changes to the facil- currently part of the national isotope portfolio. 5802 ity will provide for the critical operational IAC will complement, supplement and en- Description: The funding was authorized in needs. Having a secure medication and equip- hance DOE’s National Isotope Program. the Water Resources Development Act of ment storage area, training areas, and a pro- Project Name: Idaho National Laboratory 2007. This funding is critical to assisting rural tected emergency operations center will help Center for Advanced Energy Studies (CAES) Idaho communities in upgrading their water the department serve the citizens of New Orle- Amount Received: $1,000,000 and wastewater treatment facilities. In many ans and better secure the city. Account: DOE Office of Science cases, this funding is required to comply with f Recipient: Idaho National Laboratory unfunded mandates passed down by this Con- Recipient’s Street Address: 2525 North gress and federal agencies. In addition, these EARMARK DECLARATION Freemont St., Idaho Falls, Idaho 83415 funds help rural communities in Idaho trying to Description: CAES is a partnership between attract new businesses and spur economic de- HON. MICHAEL K. SIMPSON the State of Idaho and its academic research velopment. The vital water funding in this bill OF IDAHO institutions, the federal government through will assist rural communities in job creation IN THE HOUSE OF REPRESENTATIVES the U.S. Department of Energy and the Idaho and affordable housing by offering improved National Laboratory managed by the Battelle services at lower costs than would otherwise Wednesday, July 15, 2009 Energy Alliance, LLC. Through its collabo- be possible. This request is consistent with the Mr. SIMPSON. Madam Speaker, in accord- rative structure, CAES combines the efforts of intended purpose of this account. Funding will ance with the policies and standards put forth these institutions to provide timely energy re- be directed primarily to the Eastern Idaho Re- by the House Appropriations Committee and search on both technical and policy issues. gional Wastewater Authority in Shelley, Idaho. the GOP Leadership, I place in the RECORD a The funds provided will procure world-class I appreciate the opportunity to provide a list listing of the congressionally-directed projects computation and visualization research equip- of Congressionally-directed projects in the re- I have requested in my home state of Idaho ment to be located in the CAES research lab- port accompanying the FY2010 Energy and that are contained in the report of HR 3183, oratory. These research tools will enable both Water Development Appropriations bill on be- the FY2010 Energy and Water Development critical-path scientific research and graduate half of Idaho and provide an explanation of my Appropriations Bill. education programs focused on such twenty- support for them. Project Name: City of Boise Geothermal Ex- first century energy challenges as the avail- f pansion to Boise State University ability of carbon-neutral renewable energy, Amount Received: $1,000,000 such as biofuels for transportation; the stew- EARMARK DECLARATION Account: DOE Energy Efficiency and Re- ardship of the environment including water re- newable Energy Geothermal Technology source management through energy effi- HON. GREG WALDEN Recipient: City of Boise ciency; the management of fossil fuel energy OF OREGON Recipient’s Street Address: 150 N Capitol systems; and the expansion of energy produc- IN THE HOUSE OF REPRESENTATIVES Boulevard, Third Floor, Boise, Idaho 83702 tion from commercial nuclear power while edu- Wednesday, July 15, 2009 Description: The Boise City geothermal sys- cating the next generation of scientists, engi- tem currently provides a low cost, environ- neers, policy makers and the public. Mr. WALDEN. Madam Speaker, consistent mentally sound, sustainable, locally provided Project Name: Little Wood River Ecosystem with the House Republican Leadership’s policy heat source to commercial and publicly owned Restoration on earmarks, to the best of my knowledge the buildings in downtown Boise. Geothermal heat Amount Received: $100,000 requests I have detailed below are (1) not di- is considered a renewable source of energy Account: Corps of Engineers rected to an entity or program that will be and does not rely on fossil fuels, nuclear Recipient: City of Gooding, Idaho named after a sitting Member of Congress; power, mining or damming of rivers and emits Recipient’s Street Address: 308 5th Ave. and (2) not intended to be used by an entity zero emissions into the atmosphere. This West, Gooding, ID 83330 to secure funds for other entities unless the project will extend the City of Boise geo- Description: This funding was authorized in use of funding is consistent with the specified thermal pipeline system to Boise State Univer- the Water Resources Development Act of purpose of the earmark. As required by ear- sity and would have the capacity to heat al- 2007 and would be used to repair and replace mark standards adopted by the House Repub- most two million square feet on the campus. an aging WPA/CCC project that channeled the lican Conference, I submit the following infor- As global energy costs increase, the expan- Little Wood River through the City of Gooding, mation on projects I requested and were in- sion to increased facilities will provide signifi- Idaho. The project will remove and replace the cluded in the Energy and Water Development cant cost savings. existing rock wall and the boxed culverts that and Related Agencies Appropriations Act of Project Name: Idaho Accelerator Center severely restrict the stream channel flow. Ap- 2010 (H.R. 3183). Production of Medical Isotopes proximately 1.5 miles of the Little Wood River Account: Bureau of Reclamation—Water Amount Received: $1,500,000 flow within Gooding city limits. Over the years, and Related Resources Account: DOE Office of Science aging along with high water and ice jam Project Name: Deschutes Project Recipient: Idaho State University events have caused severe deterioration of Legal Name and Address of Requesting En- Recipient’s Street Address: 921 South 8th the masonry rock walls constructed in the tity: Deschutes Basin Board of Control, PO Avenue, Pocatello, ID 83209 1930s and 40s in order to protect the city from Box 919, Madras, OR 97741 Description: The National Academy of floods. Large portions of the existing lava rock Project Location: Deschutes County, Oregon Sciences recently issued a report recom- walls that line the Little Wood River through Description of Project: H.R. 3183 appro- mending that the federal government increase the city are structurally unserviceable and priates $482,000 for the U.S. Bureau of Rec- support to radionuclide production, distribution many have failed and fallen into the channel. lamation’s Deschutes Project. According to the and basic research in production mechanisms; This deterioration has increased at an alarm- requesting entity, the appropriated funds for increase the domestic production of medical ing rate. The Corps of Engineers and the City this project will be used by the Bureau of Rec- radionuclides through dedicated accelerators of Gooding have been working on a solution lamation in coordination with the Deschutes

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The based on findings and recommendations of Mrs. SCHMIDT. Madam Speaker, pursuant Deschutes Basin Board of Control states in the ER/EIS. Moreover, the project will provide to the Republican Leadership standards on their request that these projects will provide a restoration and management tools needed to earmarks, I am submitting the following infor- broad array of economic and environmental help create a viable ecosystem within the mation regarding an earmark I received as benefits to central Oregonians. Walla Walla River Basin for federally-listed bull part of H.R. 3183, the Energy and Water De- Account: Bureau of Reclamation—Water trout and steelhead. The requesting entity velopment and Related Agencies Appropria- and Related Resources states that this project is a justified use of tax- tions Act, 2010: Project Name: Savage Rapids Dam Re- payer funding because the ER/EIS will pro- Requesting Member: Congresswoman JEAN moval mote the fulfillment of a Treaty reserved right SCHMIDT Legal Name and Address of Requesting En- of the Confederated Tribes of the Umatilla In- Bill number: H.R. 3183 tity: Grants Pass Irrigation District, 200 dian Reservation. Account: Army Corps of Engineers, Con- Fruitdale Drive, Grants Pass, OR 97527 Account: Department of Energy—EERE struction General Project Location: Savage Rapids Dam, Project Name: Christmas Valley Renewable Requesting entity: City of Cincinnati/Cin- Grants Pass, Oregon Energy Development cinnati Park Board, 950 Eden Park Drive, Cin- Description of Project: H.R. 3183 appro- Legal Name and Address of Requesting En- cinnati, Ohio 45202; and priates $1,160,000 for the U.S. Bureau of Rec- tity: Oregon Department of Energy, 625 Mar- Summary: $4.9 million provided for Ohio lamation’s Savage Rapids Dam Removal ion St. NE, Salem, OR 97301 Riverfront, Cincinnati, OH, to continue con- Project Location: Christmas Valley, Oregon struction of Phase I. Project authorization in project. According to the requesting entity, the Description of Project: H.R. 3183 appro- appropriated funds for this project will be used PL 110–114, Section 5116 (WRDA 2007). priates $410,000 for the Oregon Department Funds will be used to continue construction of by the Bureau of Reclamation to complete in- of Energy’s Christmas Valley Renewable En- stallation, testing, and operation of electric flood-tolerant, stabilized river bank that will be- ergy Development project. According to the re- come riverfront park linking Central Riverfront pumps and to complete removal of a major questing entity, the appropriated funds for this portion of the Savage Rapids Dam on the attractions to Downtown Cincinnati. Project is project will be used to conduct renewable en- key to efforts to revitalize downtown Cin- Rogue River, Oregon. The Grants Pass Irriga- ergy assessments at the former site of the Air tion District states that this project, which was cinnati. Combat Command Radar Transmitter located f authorized by P.L. 108–137, is a justified use in Christmas Valley, Oregon. Specifically, the of taxpayer funding because it will restore sig- project will fund assessments of wind, solar EARMARK DECLARATION nificant portions of the Rogue Wild and Scenic and geothermal energy resources. Over the River to a free-flowing river by removing the years, the US Air Force and Bureau of Land HON. MARK E. SOUDER dam as an impediment to passage of feder- Management have left intact the mothballed OF INDIANA ally-listed fish species. facility’s massive electrical transmission lines IN THE HOUSE OF REPRESENTATIVES Account: Corps of Engineers—Section 206 and support infrastructure that will someday Wednesday, July 15, 2009 Project Name: Camp Creek, Zumwalt Prairie allow for renewable energy development. The Preserve, OR requesting entity states that this project is a Mr. SOUDER. Madam Speaker, pursuant to Legal Name and Address of Requesting En- justified use of taxpayer funding because it the House Republican standards on earmarks, tity: The Nature Conservancy in Oregon, 821 would advance the utilization of various re- I am submitting the following information re- SE 14th Avenue, Portland, OR 97214 newable resources while providing a signifi- garding earmarks I received as part of H.R. Project Location: Wallowa County, Oregon cant economic boost to the local economy of 3183, the Energy and Water Development and Description of Project: H.R. 3183 provides Lake County, Oregon which currently has a Related Agencies Appropriations Act, 2010. Corps of Engineers Section 206 status for the seasonably adjusted unemployment rate of Requesting Member: Congressman MARK Camp Creek, Zumwalt Prairie Preserve in Or- 12.8 percent. SOUDER egon. According to the requesting entity, the Account: Department of Energy—EERE Bill Number: H.R. 3183 appropriated funds for this project will be used Project Name: Geothermal Power Genera- Account: Department of Energy, EERE by the Corps of Engineers for site work on this tion Plant at Oregon Institute of Technology Legal Name of Requesting Entity: South- ecosystem restoration project, including the re- Legal Name and Address of Requesting En- west Allen County Schools moval of small push-up dams and to restore tity: Oregon Institute of Technology, 3201 Address of Requesting Entity: 4810 Home- aquatic and riparian habitats within the upper Campus Drive, Klamath Falls, Oregon 97601 stead Road, Fort Wayne, Indiana 46814 Camp Creek watershed in The Nature Conser- Project Location: Klamath Falls, Oregon Description of Request: The ‘‘green’’ roof vancy’s Zumwalt Prairie Preserve in Wallowa Description of Project: H.R. 3183 appro- will bring the following environmental benefits: County. The Nature Conservancy states in its priates $1,000,000 for Oregon Institute of (1) reduced energy consumption and related request that this project is a justified use of Technology’s Geothermal Power Generation energy cost savings for Summit Middle taxpayer funding because it will create ap- Plant. According to the requesting entity, the School; (2) cleaner air as the vegetation con- proximately 15 to 20 temporary and full-time appropriated funds for this project will be used verts carbon dioxide to oxygen; and (3) re- jobs and support the restoration of aquatic and to help construct a high-temperature geo- duced flooding as the vegetation absorbs ex- riparian habitat conditions along six miles of thermal power plant on the Oregon Institute of cess rainwater. Fort Wayne area students will spawning habitat for Snake River Steelhead. Technology (OIT) campus. The plant will receive hands-on learning experiences relating Account: Corps of Engineers—Investigations eventually provide 100 percent of the elec- to green building techniques. Students relate Project Name: Walla Walla Watershed, OR tricity demands and hot water supply to the well to environmental education, and many & WA campus and it would be the first flash steam teachers are beginning to include environ- Legal Name and Address of Requesting En- geothermal power plant in Oregon. When the mental messages with their traditional sub- tity: Confederated Tribes of the Umatilla Indian Geothermal Power Generation Plant is com- jects. The proposed vegetative roof would pro- Reservation, PO Box 638, Pendleton, OR plete, OIT will be the only campus in the world vide teachers a creative asset to be leveraged 97801 to satisfy all of its electricity needs from an on- to educate Fort Wayne area students. The Project Location: Umatilla, Wallowa, and site geothermal energy source. The requesting power generated by this project will reduce the Union Counties in Oregon, Walla Walla and entity states that this project is a justified use overall power consumption of Summit Middle Columbia County in Washington of taxpayer funding because it would serve as School and reduce the utility bill of the South- Description of Project: H.R. 3183 appro- a demonstration tool and educational training west Allen County Schools. The School Dis- priates $203,000 for the U.S. Army Corps of facility for OIT students and faculty. trict’s taxpayers will benefit not only from a

VerDate Mar 15 2010 14:45 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00027 Fmt 0689 Sfmt 9920 E:\BR09\E15JY9.001 E15JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD 17946 EXTENSIONS OF REMARKS, Vol. 155, Pt. 13 July 15, 2009 more efficient school system with a leaner a degradation of environmental habitat. The modern equipment, and provide university stu- budget, but the demonstration nature of this beach is so narrow that the high tide line ex- dents and faculty researchers with the techno- project will enable other school districts to see tends into the existing revetment, making it logical capability to engage in research the value and learn the methods for such a unsuitable as nesting habitat for sea turtles projects. The upgrades will include two project. and almost unusable for recreational pur- ‘‘clean’’ labs, safe spaces for storage of f poses. The City believes that restoration of the chemicals, modern ventilation equipment, beach is a primary component of preserving electronically enhanced lecture classrooms/ EARMARK DECLARATION safe passage along A1A while also providing theatres integrating computer, multimedia and public recreational opportunities and environ- network technology and ‘‘ill’’ feature tech- HON. JOE WILSON mental habitat. nologies that help the environment and reduce OF SOUTH CAROLINA Army Corps of Engineers, Construction Ac- energy costs. IN THE HOUSE OF REPRESENTATIVES count, St. Johns Shoreline Protection Project. Army Corps of Engineers, O&M Account, In- I have received $700,000 in the FY10 En- tracoastal Waterway, Jacksonville to Miami, Wednesday, July 15, 2009 ergy and Water Development and Related Florida. Mr. WILSON of South Carolina. Madam Agencies Appropriations Act. The entity to re- Along with Representatives CRENSHAW; Speaker, pursuant to the Republican Leader- ceive funding for this project is St. Johns HASTINGS; KLEIN; KOSMAS; MEEK; ROS- ship standards on earmarks, I am submitting County, 2740 Industry Center Road, St. Au- LEHTINEN; WASSERMAN SCHULTZ; and WEXLER; the following information regarding earmarks I gustine, Fl 32084. Federal funding will allow I have received $4,500,000 in the FY10 En- received as part of the Energy and Water De- the Army Corps of Engineers to complete the ergy and Water Development and Related velopment and Related Agencies Appropria- St. Johns feasibility study and proceed to Agencies Appropriations Act. The entity to re- tions Act, 2010. preconstruction engineering and design. The ceive funding for this project is the Florida In- Requesting Member: Congressman JOE study area will include all of St. Johns County, land Navigation District, 1314 Marcinski Road, WILSON including the South Ponte Vedra Beach area. Jupiter, Fl 33477. Bill Number: H.R. 3183—the Energy and The shoreline of St. Johns has experienced The funds would be used to dredge the In- Water Development and Related Agencies Ap- significant erosion due to tropical storms and tracoastal Waterway in two locations: propriations Act, 2010 major hurricanes, particularly Hurricane Floyd Matanzas Inlet (St. Johns County) and in the Account: Corps of Engineers of 1999 and the Hurricanes of 2004. This vicinity of St. Augustine. In addition, funds will Legal Name of Requesting Entity: U.S. project is currently authorized by the Water be used towards the 1) Restoration of Army Corps of Engineers Resources Development Acts of 1986 and Dredged Material Management Area in St. Address of Requesting Entity: 69A Hagood 1999, which seeks to lessen down drift shore- Johns County and 2) Construction of Dredged Avenue, Charleston, SC 29403 line impacts caused by the federal navigation Material Management Area in Indian River Description of Request: I have secured channel at St. Augustine Inlet, and to provide County. Dredging the Intracoastal Waterway $2,500,000 for the U.S. Army Corps of Engi- strong damage protection to the shore. The will allow for navigation of the channel by neers. This will fund the Army Corps of Engi- Army Corps of Engineers will begin supple- commercial and recreational vessels along the neers Charleston office to maintain 210 miles mental nourishment in 2010 due to the recent entire east coast of Florida. The project will re- of the Atlantic Intracoastal Waterway in South storm damages and the third Renourishment store protected freshwater wetlands. The Intra- Carolina, from the North Carolina–South Caro- of the St. Augustine Beaches scheduled in coastal Waterway in Florida annually trans- lina state line above Little River Inlet to Port 2010 will begin the design phase also this ports over 1.7 million tons of commercial Royal Sound near Hilton Head. I certify that year. The approximately $700,000 dollar de- cargo and over 500,000 recreational vessels; neither I nor my spouse has any financial in- sign and $15 million dollar construction project increases property values by up to $22.3 bil- terest in this project. will require about $1.85 million from the Coun- lion; and provides $16.2 billion in economic f ty and $1.2 million from the State as a local output that includes $4.8 billion in personal match. This is a shore protection project with wages and 110,400 jobs. Studies have shown EARMARK DECLARATION continuing Renourishment anticipated every that these benefits would be reduced by over five years. Federal assistance is necessary 50% if the waterway is not properly main- HON. JOHN L. MICA and in dire need to provide protection to the tained. OF FLORIDA coastline. f Department of Energy, Science Account Be- IN THE HOUSE OF REPRESENTATIVES RECOGNIZING REGGIE FLEMING thune-Cookman University STEM Research Wednesday, July 15, 2009 Lab. Mr. MICA. Madam Speaker, pursuant to the I have received $250,000 in the FY10 En- HON. MIKE QUIGLEY Republican Leadership standards on ear- ergy and Water Development and Related OF ILLINOIS marks, I am submitting the following informa- Agencies Appropriations Act. The entity to re- IN THE HOUSE OF REPRESENTATIVES tion regarding earmarks I received as part of ceive funding for this project is Bethune- Wednesday, July 15, 2009 the FY10 Energy and Water Development and Cookman, 640 Dr. Mary McLeod Bethune Mr. QUIGLEY. Madam Speaker, Saturday Related Agencies Appropriations Act Army Boulevard, Daytona Beach, Fl 32114. morning the well-loved hockey player, Reggie Corps of Engineers, General Investigations Bethune-Cookman’s School of Science, En- Fleming, passed away. As a former player on Account Flagler Beach Shoreline Protection gineering and Mathematics provides special- the Chicago Blackhawks and a member of the Project. ized training for students majoring in biology, ‘‘Hawks’’ team that won the Stanley Cup in I have received $233,000 in the FY10 En- chemistry, computer engineering, computer 1961, Reggie left a lasting impact on the city ergy and Water Development and Related science, mathematics and physics. The of Chicago. Agencies Appropriations Act. The entity to re- School of Science, Engineering and Mathe- In four seasons with the Blackhawks, ceive funding for this project is Flagler County, matics is housed in the Gross Science Hall Reggie spent over 455 minutes in the penalty 1769 East Moody Blvd, Bunnell, Fl 32110. The which was built in 1948 and has not been ren- box, making his mark as a hard-nosed player. FY 2010 funding will complete the feasibility ovated or upgraded since 1972. Much of the He called himself the ‘‘policeman of the team,’’ study of the Flagler County shoreline which original classrooms, laboratories and equip- remarking that though he was not the highest was begun with funding provided in FY 2004. ment are still in use today. Federal funding will scorer, he did what he loved: played hockey. The shoreline of the City of Flagler Beach allow Bethune-Cookman to update and ex- Though he moved on to play elsewhere, has experienced critical erosion that threatens pand a 10,000 square foot wing of aging lab- Reggie’s home was always Chicago. Even State Road A1A, which serves as an emer- oratories, classrooms and equipment in the after his days ended in the NHL, he continued gency evacuation route. A1A was closed in Gross Science Hall. The upgrades are needed to do what he loved, returning to our city to Flagler Beach for the month of January, 2006 to accommodate the increasing numbers of play for the World Hockey Association’s Chi- as the road was completely washed away due students who are majoring in STEM fields at cago Cougars. to erosion. The erosion also has caused a se- B-CU, provide these students with the edu- After falling ill five years ago, he moved to vere loss of public recreation opportunities and cational benefits of up-to-date technology and a rehabilitation facility, where he fought a

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A quantitative analysis of all Bridge where it crosses the Lower Platte River says that his father’s roughness on the ice environmental outputs by the Corps of Engi- occurred again as recently as 2001 and will was not mirrored off it. neers in addition to the Feasibility Study dem- continue to be a significant threat until both of Our sympathies go out to Chris, his sister onstrated a significant level of benefits for this these projects are completed. Kelly, and the rest of the Fleming family in this wetland restoration project for the Lower Platte Requesting Member: Congressman JEFF difficult time. Reggie will be long remembered River watershed which serves the North Amer- FORTENBERRY as a hockey player, family man, and true ican Central Flyway. Bill Number: H.R. 3183, FY10 Energy and Chicagoan, not only by his family, but by The Sand Creek Project supports the na- Water Development Appropriations Bill many around Chicago and across America. tional goal of a net gain in American wetlands. Account: Section 205 f Active pursuit of this goal also provides for im- Project Name: Fremont Section 205 Flood provements in water quality and water supply Control Study EARMARK DECLARATION to achieve watershed improvement. Flooding Amount: No specific dollar amount in Wahoo along the U.S. 77 Expressway cor- Name and Address of Requesting Entity: HON. JEFF FORTENBERRY ridor occurred twice during 2006. Completion Lower Platte North Natural Resources District OF NEBRASKA of the wetlands restoration structure will also located at 511 Commercial Park Road, IN THE HOUSE OF REPRESENTATIVES provide flood damage reduction benefits on Wahoo, Nebraska 68066 Description: This funding is for the federal Wednesday, July 15, 2009 the roadway allowing completion of this ex- pressway between Lincoln and Sioux City. share to complete the Fremont South Section Mr. FORTENBERRY. Madam Speaker, pur- This is a key segment of the expressway. 205 Flood Control Study. Funding for this Sec- suant to the Republican Leadership standards Requesting Member: Congressman JEFF tion 205 project will continue urgent feasibility on member requests, I am submitting the fol- FORTENBERRY planning to strengthen an existing flood control lowing information regarding the earmarks I Bill Number: H.R. 3183, FY10 Energy and levee in order to remove a portion of South received as part of the FY10 Energy and Water Development Appropriations Bill Fremont from the threat of flooding in the 100 Water Development Appropriations Bill: Account: Corps of Engineers—Construction year flood plain. This Fremont South area will Requesting Member: Congressman JEFF Project: Western Sarpy-Clear Creek Flood be soon identified by the Federal Emergency FORTENBERRY Damage Reduction Project Management Agency (‘‘FEMA’’) as within the Bill Number: H.R. 3183, FY10 Energy and Amount: $1,000,000 designated flood plain. The total cost of the Water Development Appropriations Bill Name and Address of Requesting Entity: project is $1,086,000 split equally between the Account: Corps of Engineers—Construction Papio-Missouri River Natural Resources Dis- Corps of Engineers and the nonfederal spon- Project Name: Antelope Creek Flood Dam- trict located at 8901 S. 154th Street, Omaha, sor. age Reduction Project NE 68138. Requesting Member: Congressman JEFF Amount: $5,697,000 Description: The Western Sarpy-Clear FORTENBERRY Name and Address of Requesting Entity: Creek Flood Damage Reduction Project is Bill Number: H.R. 3183, FY10 Energy and Lower Platte South Natural Resources District vital to the health and well-being of a large Water Development Appropriations Bill located at 3125 Portia Street, Lincoln, Ne- number of Nebraskans. It is planned to protect Account: Section 205 braska 68521. vital drinking water resources that supply up to Project Name: Schuyler Section 205 Flood Description: The Antelope Creek Flood 50% of Nebraska’s population in the eastern Control Study Damage Reduction Project is a critical ele- part of the state from flooding due to potential Amount: No specific dollar amount ment of a flood control, transportation and ice jams on the Platte River. Elected officials Name and Address of Requesting Entity: community revitalization project known as the at local, regional and state levels in Nebraska Lower Platte North Natural Resources District Antelope Valley Project. The project is being have been long committed to this project’s located at 511 Commercial Park Road, constructed in central Lincoln adjacent to the construction because of risk to water supplies Wahoo, Nebraska 68066 University of Nebraska Lincoln main campus and other infrastructure. Description: This funding under the Section to improve flood control, transportation net- Significant construction progress towards 205 authority is for the federal share to con- works and community well-being in the city’s completion is vital to Nebraska in the year tinue the Schuyler, Nebraska Flood Control down-town area. ahead. The Congress has provided construc- Study. The amount requested will continue the Essential to progress on the entire Antelope tion funding for the past four years in the En- Schuyler, Nebraska 205 Flood Control Study. Valley Project is the completion of the flood ergy and Water Development Appropriations The purpose of the study is to plan for mitiga- damage reduction component. This multi-pur- Act. tion of flooding in 40% of the city which is an- pose project is a partnership of the City of Lin- In 1993, flooding in the Lower Platte sev- ticipated to be placed in the flood plain for the coln, the University of Nebraska Lincoln, and ered one-half of the City of Lincoln’s water first time when designated by FEMA. The total the Lower Platte South Natural Resources supply and catastrophe was again threatened cost of the study is $772,000 split equally be- District, along with the U.S. Army Corps of En- in 1997 from ice-jam induced flooding. That tween the Corps of Engineers and the non- gineers and the federal Departments of Trans- portion of the new Omaha Metropolitan Utili- federal sponsor. portation and Housing and Urban Develop- ties District well field on the western side of Requesting Member: Congressman JEFF ment. The project reduces flooding threats to the Platte River now under development south FORTENBERRY over 800 dwellings and businesses and 1,200 of U.S. Highway 92 will also receive vital pro- Bill Number: H.R. 3183, FY10 Energy and floodplain residents and removes 100-year tection from this project. Treatment facilities Water Development Appropriations Bill floodplain restrictions on 400 acres. for water from this well-field will be completed Account: Energy Efficiency and Renew- Requesting Member: Congressman JEFF in the months ahead. able—Energy FORTENBERRY Additionally, this project is needed to pro- Project Name: Sustainable Energy Options Bill Number: H.R. 3183, FY10 Energy and vide protection to: I–80 and U.S. Highway 6; for Rural America Water Development Appropriations Bill the Burlington Northern Santa Fe Railroad, an Amount: $500,000 Account: Corps of Engineers—Construction Amtrak line; military facilities the National Name and Address of Requesting Entity: Project: Sand Creek Environmental Restora- Guard Camp at Ashland; national tele- University of Nebraska-Lincoln located at 302 tion Project communication lines; and other public infra- Canfield Administration Building, Lincoln, Ne- Amount: $500,000 structure. braska 68588 Name and Address of Requesting Entity: Construction of a separate but companion Description: This funding would be used to Lower Platte North Natural Resources District levee at the Nebraska National Guard Camp research the most effective sustainable energy located at 511 Commercial Park Road, at Ashland was fully funded by the Congress options for rural Nebraska and to establish Wahoo, Nebraska 68066. in the FY ’04 Military Construction Appropria- demonstration sites which will include the UNL Description: The Sand Creek Project will re- tions Bill and is completed. Neither of these Panhandle Research and Extension Center in store several types of historic wetlands and adjoining levees is effective without the other. Scottsbluff, the West Central Water Resources

VerDate Mar 15 2010 14:45 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00029 Fmt 0689 Sfmt 9920 E:\BR09\E15JY9.001 E15JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD 17948 EXTENSIONS OF REMARKS, Vol. 155, Pt. 13 July 15, 2009 Field Lab near North Platte, the Gudmundsen a cargo ship during World War II. After the Richland Hills project would be prepared with- Sandhills Laboratory near Whitman, and two war ended, Mr. Hope attended the University in the context of the referenced Corps of Engi- sites in eastern Nebraska. Alternative energy of Alabama and earned a degree in business neers/North Central Texas Council of Govern- technologies to be considered include wind, administration. He then went on to serve in ments Big Fossil Creek Watershed Study and solar, anaerobic digestion (methane genera- the U.S. Army during the Korean War. Upper Trinity River Feasibility Study, to in- tion), gasification, direct burning of biomass, In 1952, Mr. Hope began working for the clude the impacts from upstream watershed fuel cells, diesel engines converted to high Alabama State Docks and dedicated almost development and erosion. The purpose of this compression ethanol engines, hybrid vehicles, four decades to the port of Mobile. He served project is to reduce the flooding potential for and flex-fueled engines. Fuels to be consid- in management positions at various Alabama the 361 properties in the City of Richland Hills ered include gasoline, diesel fuel, ethanol, bio- State Docks facilities. He was appointed docks that are within the FEMA-designated 100-year diesel, dimethyl ether, butanol, and syngas. director for three terms under Alabama Gov- floodplain; reduce sedimentation, enhance the Energy independence is one of our highest ernors George C. Wallace, Fob James, and environment and potential recreational benefits national priorities. This project addresses the Wallace again from 1976 until 1987. During to the area, and reduce potential loss of life need to pursue development of diverse, sus- his tenure, he oversaw the development of the from floods. The total project cost is projected tainable alternative energy sources. McDuffie Coal Terminal. to be $1,500,000. The City of Richland Hills Requesting Member: Congressman JEFF In 1986, the Alabama State Docks honored and eight other communities have committed FORTENBERRY Mr. Hope by dedicating the overpass that additional funds. Bill Number: H.R. 3183, FY10 Energy and takes traffic over a set of railroad tracks into The City of Richland Hills is located at 3200 Water Development Appropriations Bill the docks’ property as Hope Overpass. Fol- Diana Drive, Richland Hills, TX 76118. Account: Energy Efficiency and Renewable lowing his retirement from the state docks, he Center for Advanced Scientific Modeling Energy served as a consultant for Volkert & Associ- (CASCaM)—$700,000—University of North Project Name: Switchgrass Biofuel Re- ates for several years before he retired. Texas. search: Carbon Sequestration and Life Cycle In 1984, Mr. Hope was one of two U.S. par- The funds will be used for computing and Analysis ticipants invited to present a paper at the modeling to conduct and predict advanced sci- Amount: $250,000 International Association of Ports and Harbors entific laboratory outcomes at reduced cost Name and Address of Requesting Entity: in Hamburg, Germany. In 1986, he received a and increased safety. CASCaM uses com- University of Nebraska-Lincoln located at 302 White House appointment as a U.S. Rep- puting and modeling to conduct and predict Canfield Administration Building, Lincoln, Ne- resentative to the Coal Industry Advisory advanced scientific laboratory outcomes at re- braska 68588 Board of the International Energy Agency. He duced cost (chemicals, time) and increased Description: The funding would be used to also served as president of the Mobile Area safety (reduces need to expose workers to establish a production-scale switchgrass car- Chamber of Commerce in 1982 and 1983 and toxic chemicals, radioactive materials). This bon sequestration and life cycle analysis re- as president of the Gulf Ports Association. He scientific computing allows determination of search program. Research will focus on opti- served on the Alabama-Mississippi District Ex- the probability of whether or not two chemicals mizing switchgrass production for use as a port Council and on the board of directors of will explode, become a viable pharmaceutical, biofuel and developing improved life cycle the National Waterways Conference Inc. the next new nanomaterial, or tomorrow’s new analysis tools to determine greenhouse gas Madam Speaker, I ask my colleagues to join alternate fuel source. (GHG) emissions for federal compliance cer- me in remembering a dedicated community University of North Texas is located at Hur- tification of refineries processing switchgrass leader and friend to many throughout the state ley Administration Building 175, Denton, TX into ethnaol. of Alabama. Mr. Robert Milton Hope, Sr. will 76203–0979. In the Midwest, switchgrass appears to be be deeply missed by his family—his wife of 57 f the most viable cellulosic feedstock for years, Tee Hope; his daughter, Page Hope EARMARK DECLARATION biofuels because it is a highly productive na- Sute; his sons, Robert Milton Hope, Jr. and tive grass species. The 2007 Energy Inde- Gregg Hope; and his five grandchildren—as pendence and Security Act (EISA) requires well as his many friends. HON. BILL SHUSTER that switchgrass biofuel systems meet a Our thoughts and prayers are with them all OF PENNSYLVANIA threshold reduction in GHG emissions of 60% at this difficult time. IN THE HOUSE OF REPRESENTATIVES compared to gasoline, and the Environmental f Wednesday, July 15, 2009 Protection Agency will establish regulations EARMARK DECLARATION Mr. SHUSTER. Madam Speaker, consistent based on the best available science. Initial life with the Republican Leadership’s policy on cycle analyses suggest switchgrass systems earmarks, I submit the following: will only meet EISA thresholds if they seques- HON. MICHAEL C. BURGESS Requesting Member: Congressman BILL ter a substantial amount of carbon in soil. This OF TEXAS SHUSTER (PA–9) analysis could be altered if switchgrass pro- IN THE HOUSE OF REPRESENTATIVES Bill Number: H.R. 3170—Financial Services ducers increase inputs (water, fertilizer, etc). Wednesday, July 15, 2009 and General Government Appropriations Act, Quantifying switchgrass carbon sequestration FY2010 under varying input requirements is vital to de- Mr. BURGESS. Madam Speaker, pursuant Financial Services and General Government veloping this source of cellulosic ethanol. to the U.S. House of Representatives Repub- Projects f lican Leadership standards on earmarks, I am Project Name: For the I–99 Entrepreneurial submitting the following information regarding Institute HONORING THE MEMORY OF two earmarks I received as part of H.R. Account: Small Business Administration ROBERT MILTON HOPE, SR. 3183—Energy and Water Development and (SBA), Salaries and Expenses Related Agencies Appropriations Act, 2010: Legal Name of Requesting Entity: Altoona- HON. JO BONNER The Richland Hills, Texas Flood Control Blair County Development Corporation OF ALABAMA Project. Big Fossil Creek Watershed Study, Address of Requesting Entity: 3900 Indus- IN THE HOUSE OF REPRESENTATIVES Project Management Plan of the Upper Trinity trial Park Drive, Altoona, PA 16602 River Feasibility Study. Richland Hills, Description of Request/Justification of Fed- Wednesday, July 15, 2009 Texas—$500,000—Investigations. eral Funding: $100,000 for the I–99 Entrepre- Mr. BONNER. Madam Speaker, the state of The purpose of this project is to review the neurial Institute Alabama recently lost a dear friend, and I rise numerous flooding, drainage, erosion and It is my understanding that funding for this today to honor him and pay tribute to his sedimentation problems that exist within the project would be used for the I–99 Entrepre- memory. City of Richland Hills, TX, and formulate spe- neurial Institute. The I–99 Entrepreneurial In- Robert Milton Hope, Sr. was a native of Mo- cific alternatives to address and remedy these, stitute is a partnership program between bile and a 1942 graduate of Murphy High and related water-resources problems. The Pennsylvania State University—Altoona and School. Following graduation, he joined the Corps of Engineers published initial findings the Altoona-Blair County Development Cor- Merchant Marines and served in the Pacific on and baseline conditions in August 2007. The poration. The Institute serves as a formal

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This project is Legal Name of Requesting Entity: Port Man- to the budding entrepreneur. The program will one piece of a comprehensive effort to pro- atee include counseling, consolidated business re- mote economic development in the I–99 cor- Address of Requesting Entity: 300 Tampa source databases, information blogs, and links ridor. Bay Way, Palmetto, FL 34221 to regulatory programs and funding sources. This project is a valuable use of taxpayer Description of Request: I secured $200,000 Video and online conferencing will afford real- funds because supporting job creation and en- for or maintenance of the Manatee Harbor time communication between individuals and trepreneurial development are critically impor- Basin, if the Secretary determines that such groups. Distance learning opportunities will in- tant in our current economy. Federal funding maintenance is economically justified and en- clude training webinars in both live simulcast that is utilized to directly impact job creation vironmentally acceptable and that the channel and archived viewing. Finally, the virtual re- and to support entrepreneurship and small or breakwater was constructed in accordance source center will provide a perpetual 3–D businesses yields a sustainable and justified with the applicable permits and appropriate ‘‘tradeshow’’ exposure for participating busi- investment for communities and our country. engineering and design standards. nesses, including direct links to client f Requesting Member: Congressman VERN websites. BUCHANAN Bill Number: H.R. 3183 The program will also give potential busi- EARMARK DECLARATION Account: Corps of Engineers—Construction ness entrepreneurs access to much needed Legal Name of Requesting Entity: Port Man- seed capital through angel investors in the re- HON. VERN BUCHANAN atee gion. Business financial analysis and exit strat- OF FLORIDA Address of Requesting Entity: 300 Tampa egy development are just two of the resources IN THE HOUSE OF REPRESENTATIVES Bay Way, Palmetto, FL 34221 that will be available to the entrepreneurs in- Description of Request: I secured $500,000 terested in investment capital. Counseling and Wednesday, July 15, 2009 on-going U.S Army Corps of Engineers’ Gen- guidance in developing an investment pack- Mr. BUCHANAN. Madam Speaker, pursuant eral Re-evaluation Report. age would prepare the business owner for se- to the Republican Leadership standards on Requesting Member: Congressman VERN rious consideration by the Angel Investors earmarks, I am submitting the following re- BUCHANAN Network. garding earmarks I received as part of H.R. Bill Number: H.R. 3183 The $100,000 in Small Business Administra- 3183, the Energy & Water Appropriations Act, Account: Corps of Engineers—Section 1135 tion funding will be applied according to the 2010: Legal Name of Requesting Entity: Sarasota following expenditure breakout: Requesting Member: Congressman VERN County Project Manager, $55,000 BUCHANAN Address of Requesting Entity: 1600 Ringling Support Staff (3), 90,000 Bill Number: H.R. 3183 Blvd. Sarasota, FL 34236 Senior staff supervision and oversight, Account: Corps of Engineers—Construction Description of Request: I secured language 80,000 Legal Name of Requesting Entity: Manatee to allow it to be used for construction of a cen- Supplies, 20,000 County tral sewer system and other needed infrastruc- Program Launch, 45,000 Address of Requesting Entity: 1112 Man- ture to replace approximately 14,000 individual Program Development, 30,000 atee Avenue West, Bradenton, FL 34205 septic systems. Technical Assistance, 25,000 Equipment, 205,000 Description of Request: I secured f $5,565,000 for an important dredging project Travel, 10,000 for flood control purposes. EARMARK DECLARATION Administrative and accounting, 30,000 Requesting Member: Congressman VERN f BUCHANAN HON. PHIL GINGREY EARMARK DECLARATION Bill Number: H.R. 3183 OF GEORGIA Account: Corps of Engineers—Investigations IN THE HOUSE OF REPRESENTATIVES HON. ANH ‘‘JOSEPH’’ CAO Legal Name of Requesting Entity: City of OF LOUISIANA Sarasota Wednesday, July 15, 2009 IN THE HOUSE OF REPRESENTATIVES Address of Requesting Entity: Mr. GINGREY of Georgia. Madam Speaker, Description of Request: I secured $500,000 pursuant to the Republican Leadership stand- Wednesday, July 15, 2009 to replenish the beach to deal with ongoing ards on earmarks as well as in accord with Mr. CAO. Madam Speaker, pursuant to the erosion. Clause 9 of Rule XXI, I am submitting the fol- Republican Leadership standards on ear- Requesting Member: Congressman VERN lowing information regarding the earmark I re- marks, I am submitting the following informa- BUCHANAN ceived as part of H.R. 3170—Financial Serv- tion regarding earmarks I received as part of Bill Number: H.R. 3183 ices and General Government Appropriations H.R. 3183—Energy and Water Development Account: Corps of Engineers—O&M Act, 2010. and Related Agencies Appropriations Act, Legal Name of Requesting Entity: West Requesting Member: Congressman PHIL 2010: Coast Inland Navigation District GINGREY As requested by me, Representative ANH Address of Requesting Entity: 200 E. Miami Bill Number: H.R. 3170 ‘‘JOSEPH’’ CAO, H.R. 3183—Energy and Water Avenue, Venice, FL 34285 Account: Small Business Administration Development and Related Agencies Appro- Description of Request: I secured $780,000 Legal Name of Requesting Entity: University priations Act, 2010 funding for the Global for maintenance dredging of the Gulf Intra- of West Georgia Green New Orleans-Holy Cross project. This coastal Waterway. Address of Requesting Entity: 1601 Maple is in the Department of Energy EERE account Requesting Member: Congressman VERN Street, Carrollton, GA 30118 in the amount of $550,000. The funding will go BUCHANAN Description of Request: In cooperation with towards construction of and LEED Platinum Bill Number: H.R. 3183 the Carroll County Economic Development standards for 5 single-family homes, an 18- Account: Corps of Engineers—Construction Foundation, the university will use funding to unit apartment building, and a Community De- Legal Name of Requesting Entity: Manatee establish a small business incubator to assist velopment/Sustainable Design and Climate County small business in a six county area of West Action Center. Address of Requesting Entity: 1112 Man- Georgia (Bartow, Carroll, Haralson, Floyd, As requested by me, Representative ANH atee Avenue West, Bradenton, FL 34205 Polk, and Paulding Counties). This program ‘‘JOSEPH’’ CAO, H.R. 3183—Energy and Water Description of Request: I secured $200,000 will offer counseling, resource information ex- Development and Related Agencies Appro- to complete the necessary study to enroll cer- change, and distance learning opportunities priations Act, 2010 funding for the Clean

VerDate Mar 15 2010 14:45 Nov 14, 2011 Jkt 079102 PO 00000 Frm 00031 Fmt 0689 Sfmt 9920 E:\BR09\E15JY9.001 E15JY9 TKELLEY on DSK3SPTVN1PROD with BOUND RECORD 17950 EXTENSIONS OF REMARKS, Vol. 155, Pt. 13 July 15, 2009 Power Energy Research Consortium Gulf of Mexico project which provides a 45- pact could have been devastating. However, (CPERC). This is in the Department of Energy foot deep draft channel between Baton Rouge thanks to the tenacity of the casino and its Electricity Delivery and Energy Reliability ac- and the Gulf of Mexico. employees, the situation has had a very suc- count in the amount of $1,000,000. CPERC As requested by me, Representative ANH cessful outcome. will use these funds to address critical sci- ‘‘JOSEPH’’ CAO, H.R. 3183—Energy and Water Over the past three months, Empress Ca- entific and engineering issues in clean power Development and Related Agencies Appro- sino and its employees continued to contribute and energy generation to develop tech- priations Act, 2010 provides for increased hur- to their community. Empress Casino main- nologies to reduce fuel consumption and ricane protection along the southeast coast of tained their charitable support and paid em- greenhouse gases emissions in the U.S. This Louisiana. This is in the Army Corps of Engi- ployees their usual salaries during this time. is a joint venture between UNO, Louisiana neers Investigations account in the amount of Empress staff responded to this challenge by State University, LSU, Tulane, Southern Uni- $1,000,000. The funding will go towards over- providing more than 6,000 volunteer hours to versity, Nicholls State University, University of all efforts to comprehensively address storm community organizations. Empress Casino Louisiana at Lafayette, and the Louisiana damage risk reduction protection, coastal res- and their employees have overcome adversity State AgCenter. toration and flood control needs in South Lou- and despite the obstacles, they have contin- As requested by me, Representative ANH isiana and would provide a detailed study as ued to be a caring neighbor. ‘‘JOSEPH’’ CAO, H.R. 3183—Energy and Water part of the LACPR initiatives. Empress Casino implemented an aggres- sive renovation plan, which has allowed gam- Development and Related Agencies Appro- f priations Act, 2010 provides for Louisiana ing revenues to be reinstated and Empress Coastal Area Ecosystem Restoration. This is EARMARK DECLARATION employees to come back to work. Local busi- in the Army Corps of Engineers Investigations nesses who provide services at the Empress account in the amount of $20,000,000. The HON. MARK E. SOUDER have also returned. I extend my congratula- funding will go towards identifying and imple- OF INDIANA tions to the company and its employees for their extraordinary conduct during this difficult menting ecosystem restoration projects to re- IN THE HOUSE OF REPRESENTATIVES store and protect coastal Louisiana. time. They offer a shining example of leader- Wednesday, July 15, 2009 As requested by me, Representative ANH ship and compassion. ‘‘JOSEPH’’ CAO, H.R. 3183—Energy and Water Mr. SOUDER. Madam Speaker, pursuant to f the House Republican standards on earmarks, Development and Related Agencies Appro- IN RECOGNITION OF AERO- I am submitting the following information re- priations Act, 2010 provides for floor control NAUTICAL ENGINEER JOHN C. garding earmarks I received as part of H.R. construction in the Mississippi Delta Region. HOUBOLT’S JOLIET AREA HIS- 3183, the Energy and Water Development and This is in the Army Corps of Engineers MRT- TORICAL MUSEUM PERMANENT Related Agencies Appropriations Act, 2010. Construction account in the amount of EXHIBIT $2,250,000. The funding for this project will go Requesting Member: Congressman MARK towards providing protection against a pro- SOUDER jected flood having a flow of 3,000,000 cubic Bill Number: H.R. 3183 HON. DEBORAH L. HALVORSON OF ILLINOIS feet per second (cfs) at the latitude of Old Account: Department of Energy, Science IN THE HOUSE OF REPRESENTATIVES River. Legal Name of Requesting Entity: Trine Uni- As requested by me, Representative ANH versity Wednesday, July 15, 2009 ‘‘JOSEPH’’ CAO, H.R. 3183—Energy and Water Address of Requesting Entity: Trine Univer- Mrs. HALVORSON. Madam Speaker, today Development and Related Agencies Appro- sity, One University Avenue, Angola, IN, I rise to recognize Aeronautical Engineer John priations Act, 2010 provides for operations and 46703 C. Houbolt, an unsung champion of space ex- maintenance funding in the Mississippi River Description of Request: Trine University will ploration and intelligence, who is going to be Levees area, specifically within Southeast play a key role in educating future biomechan- eternalized at the Joliet Area Historical Mu- Louisiana. This is in the Army Corps of Engi- ical engineers creating and delivering a unique seum with a permanent exhibit entitled ‘‘The neers MRT-Operations and Maintenance ac- Masters of Biomedical Engineering applied re- Soaring Achievements of John C. Houbolt.’’ count in the amount of $8,011,000. The fund- search program that will be incubated over Houbolt played a critical role in the infancy ing will go towards raising, strengthening, and time to provide the foundation for a Bio- of space exploration when he discovered, in some cases, extending existing levees to mechanics and Movement Sciences Center at adopted, and then championed the lunar flight stronger flood protection along the Mississippi Trine University. For the MBE program to be- path called ‘‘Lunar Orbit Rendezvous.’’ (LOB) River west bank from Black Hawk to Venice, come reality, Trine must renovate the existing In June 1961, LOR was chosen for the Apollo and on the east bank from Baton Rouge to Aero Building on the Trine University campus. program and this critical decision was viewed Bohemia, LA. The renovations will include a laboratory area as vital to ensuring that man reached the As requested by me, Representative ANH that will enable students to engage in applied Moon in the 1960’s, as President John F. Ken- ‘‘JOSEPH’’ CAO, H.R. 3183—Energy and Water research in materials strengths, mechanical ef- nedy had proposed and, in the process, saved Development and Related Agencies Appro- ficacy, and structures utilizing industry-stand- billions of dollars and time by efficiently using priations Act, 2010 provides for operations and ard full and desktop-scale universal testing existing rocket technology. maintenance funding for the Gulf Coast Intra- equipment. An additional laboratory area will Houbolt never lost faith in LOR even when coastal Waterway in Louisiana. This is in the provide opportunities for students to inves- his theories faced strong opposition from oth- Army Corps of Engineers Operation and Main- tigate motion systems through the utilization of ers in his field. His humble persistence and tenance account in the amount of biomechanical simulation, EMG, MX and force determination are a testament to his passion $24,777,000. The funding for this project plate technology. for knowledge and his own ideas. It is this fer- would go towards the operation and mainte- f vor and intelligence that allowed him to not nance of the Gulf Intracoastal Waterway only be an inspiration for men and women all (GIWW) which crosses through all five states IN RECOGNITION OF EMPRESS over the nation interested in space discovery, that comprise the Gulf of Mexico. CASINO OF JOLIET, ILLINOIS but also other important figures in space ex- As requested by me, Representative ANH ploration, like Buzz Aldrin, who has expressed ‘‘JOSEPH’’ CAO, H.R. 3183—Energy and Water HON. DEBORAH L. HALVORSON much admiration for Houbolt. Development and Related Agencies Appro- OF ILLINOIS On May 15, 2005, Houbolt was granted an priations Act, 2010 provides for operations and IN THE HOUSE OF REPRESENTATIVES honorary doctorate from the University of Illi- maintenance of projects along the Mississippi nois Urbana-Champaign for his lifetime River from Baton Rouge to the Gulf of Mexico. Wednesday, July 15, 2009 achievements, even after earning his Bach- This is in the Army Corps of Engineers Oper- Mrs. HALVORSON. Madam Speaker, on elor’s degree in 1940 and his Master’s degree ation and Maintenance account in the amount June 25th, the Empress Casino opened its in 1942 in Civil Engineering. Houbolt didn’t of $54,994,000. The funding for this project doors after a three month hiatus. In March, the stop there, however, obtaining a PhD in Tech- will go towards the operation and maintenance casino suffered a nearly catastrophic fire. nical Sciences in 1957 from the Swiss Federal of the Mississippi River, Baton Rouge to the Being a major employer in Will County, the im- Institute of Technology in Zurich, Switzerland.

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John C. 1 p.m. Energy and Natural Resources Houbolt has left his influential mark on the Joint Economic Committee National Parks Subcommittee field of space exploration and will continue to To hold hearings to examine the Federal To hold hearings to examine S. 635, to be an inspiration to those just entering the Statistical System in the 21st century, amend the Wild and Scenic Rivers Act field or becoming interested in the universe focusing on the role of the Census Bu- to designate a segment of Illabot Creek reau. in Skagit County, Washington, as a around us. It is with great pride that I recog- component of the National Wild and nize all of his many accomplishments upon 2203, Rayburn Building 2 p.m. Scenic Rivers System, S. 715, to estab- the event of this exhibit. Judiciary lish a pilot program to provide for the Immigration, Refugees and Border Secu- preservation and rehabilitation of his- f rity Subcommittee toric lighthouses, S. 742, to expand the To hold hearings to examine the current boundary of the Jimmy Carter Na- tional Historic Site in the State of employment verification system. SENATE COMMITTEE MEETINGS Georgia, to redesignate the unit as a SD–226 National Historical Park, S. 1270, to Commission on Security and Cooperation Title IV of Senate Resolution 4, modify the boundary of the Oregon in Europe agreed to by the Senate on February 4, Caves National Monument, S. 1418 and To hold hearings to examine Cyprus’ reli- 1977, calls for establishment of a sys- H.R. 2330, bills to direct the Secretary gious cultural heritage. of the Interior to carry out a study to tem for a computerized schedule of all B318, Rayburn Building determine the suitability and feasi- meetings and hearings of Senate com- 2:15 p.m. mittees, subcommittees, joint commit- bility of establishing Camp Hale as a Foreign Relations unit of the National Park System, and tees, and committees of conference. Business meeting to consider pending H.R. 2430, to direct the Secretary of the This title requires all such committees calendar business. Interior to continue stocking fish in to notify the Office of the Senate Daily S–116, Capitol certain lakes in the North Cascades Digest—designated by the Rules Com- 2:30 p.m. National Park, Ross Lake National mittee—of the time, place, and purpose Homeland Security and Governmental Af- Recreation Area, and Lake Chelan Na- of the meetings, when scheduled, and fairs tional Recreation Area. Investigations Subcommittee SD–366 any cancellations or changes in the To hold hearings to examine the wheat meetings as they occur. 3 p.m. market. Banking, Housing, and Urban Affairs As an additional procedure along SD–342 To hold hearings to examine the nomina- with the computerization of this infor- Intelligence tion of Deborah Matz, of Virginia, to be mation, the Office of the Senate Daily To hold closed hearings to consider cer- a Member of the National Credit Union tain intelligence matters. Administration Board. Digest will prepare this information for S–407, Capitol printing in the Extensions of Remarks SD–538 section of the CONGRESSIONAL RECORD JULY 22 JULY 23 on Monday and Wednesday of each 10 a.m. 10:30 a.m. week. Banking, Housing, and Urban Affairs Judiciary Meetings scheduled for Thursday, To hold hearings to examine the semi- Crime and Drugs Subcommittee July 16, 2009 may be found in the Daily annual monetary policy report to the To hold hearings to examine S. 845, to Congress. Digest of today’s RECORD. amend chapter 44 of title 18, United SD–106 States Code, to allow citizens who have Commerce, Science, and Transportation concealed carry permits from the State MEETINGS SCHEDULED Consumer Protection, Product Safety, and in which they reside to carry concealed Insurance Subcommittee firearms in another State that grants JULY 17 To hold hearings to examine advertising concealed carry permits, if the indi- 10 a.m. trends and consumer protection. vidual complies with the laws of the Banking, Housing, and Urban Affairs SR–253 State. Economic Policy Subcommittee Judiciary SD–226 To hold hearings to examine the ele- To hold hearings to examine job creation 2:30 p.m. ments of a national manufacturing and foreign investment in the United Energy and Natural Resources strategy. States, focusing on assessing the EB–5 Water and Power Subcommittee SD–538 Regional Center Program. To hold hearings to examine S. 637, to SD–226 authorize the construction of the Dry- JULY 21 Veterans’ Affairs Redwater Regional Water Authority 10 a.m. To hold hearings to examine the nomina- System in the State of Montana and a Energy and Natural Resources tions of Raymond M. Jefferson, of Ha- portion of McKenzie County, North Da- To hold hearings to examine S. 561 and waii, to be Assistant Secretary of kota, S. 789, to require the Secretary of H.R. 1404, bills to authorize a supple- Labor for Veterans’ Employment and the Interior to conduct a study on the mental funding source for catastrophic Training, and Joan M. Evans, of Or- feasibility and suitability of con- emergency wildland fire suppression egon, to be an Assistant Secretary of structing a storage reservoir, outlet activities on Department of the Inte- Veterans Affairs for Congressional and works, and a delivery system for the rior and National Forest System lands, Legislative Affairs. Tule River Indian Tribe of the Tule to require the Secretary of the Interior SR–418 River Reservation in the State of Cali- and the Secretary of Agriculture to de- 1 p.m. fornia to provide a water supply for do- velop a cohesive wildland fire manage- Agriculture, Nutrition, and Forestry mestic, municipal, industrial, and agri- ment strategy. To hold hearings to examine the role of cultural purposes, S. 1080, to clarify the SD–366 agriculture and forestry in global jurisdiction of the Secretary of the In- Environment and Public Works warming legislation. terior with respect to the C.C. Cragin Green Jobs and the New Economy Sub- SR–325 Dam and Reservoir, and S. 1453, to committee 2:30 p.m. amend Public Law 106–392 to maintain To hold hearings to examine state and Commerce, Science, and Transportation annual base funding for the Bureau of local views on clean energy jobs, cli- To hold hearings to examine the Chil- Reclamation for the Upper Colorado mate-related policies, and economic dren’s Television Act for a digital River and San Juan fish recovery pro- growth. media age. grams through fiscal year 2023. SD–406 SR–253 SD–366

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