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

Vol. 155 WASHINGTON, WEDNESDAY, MAY 13, 2009 No. 73 House of Representatives The House met at 10 a.m. and was THE JOURNAL Rev. Smith is a native of Texas and a called to order by the Speaker pro tem- The SPEAKER pro tempore. The longtime resident of Fort Worth, where pore (Mr. SALAZAR). Chair has examined the Journal of the he and his wife live with their six chil- dren. A graduate of the Southern Bible f last day’s proceedings and announces to the House his approval thereof. Institute and of the University of DESIGNATION OF THE SPEAKER Pursuant to clause 1, rule I, the Jour- Texas at Arlington, with a degree in architecture, Rev. Smith has served as PRO TEMPORE nal stands approved. a spiritual foundation in his commu- The SPEAKER pro tempore laid be- f nity for over 25 years. fore the House the following commu- PLEDGE OF ALLEGIANCE Mr. Speaker, I commend Rev. Smith nication from the Speaker: for his longstanding service to his pa- The SPEAKER pro tempore. Will the WASHINGTON, DC, rishioners and congregants in Forest May 13, 2009. gentleman from Illinois (Mr. SHIMKUS) Hill, Texas, in the Forth Worth area, I hereby appoint the Honorable JOHN T. come forward and lead the House in the and to members of his congregation SALAZAR to act as Speaker pro tempore on Pledge of Allegiance. whom he has so capably served. It is this day. Mr. SHIMKUS led the Pledge of Alle- my pleasure to have Rev. Smith here NANCY PELOSI, giance as follows: with us today and an honor to rep- Speaker of the House of Representatives. I pledge allegiance to the Flag of the resent him and his parishioners in the United States of America, and to the Repub- f 26th District of the State of Texas. lic for which it stands, one nation under God, f PRAYER indivisible, with liberty and justice for all. f ANNOUNCEMENT BY THE SPEAKER Rev. Charles E. Smith, Berea Baptist PRO TEMPORE Church, Forest Hill, Texas, offered the MESSAGE FROM THE SENATE following prayer: The SPEAKER pro tempore. The A message from the Senate by Ms. Chair will entertain up to 15 further re- Almighty God, bestow the best of Curtis, one of its clerks, announced Your blessings upon the men and quests for 1-minute speeches on each that the Senate has agreed to without side of the aisle. women of Congress and all who shall amendment a concurrent resolution of hereafter occupy these Halls. Grant the House of the following title: f them divine wisdom to lead our Nation H. Con. Res. 38. Concurrent resolution au- COMPREHENSIVE HEALTH CARE with humility and discernment. thorizing the use of the Capitol Grounds for REFORM Order their steps as they work to the National Peace Officers’ Memorial Serv- (Mr. HALL of New York asked and strengthen our national resources. Pre- ice. was given permission to address the serve in them the time-honored values f House for 1 minute.) of faith, hope, and love that sustained WELCOMING REV. CHARLES SMITH Mr. HALL of New York. Mr. Speaker, our forefathers. Let their decisions in- I hear stories every day from Hudson spire America so that we might shine The SPEAKER pro tempore. Without Valley families about the skyrocketing as a beacon. objection, the gentleman from Texas costs of health care. People tell me As we pause this week to pay homage (Mr. BURGESS) is recognized for 1 that having to deal with insurance to our fallen police officers, let us be minute. companies leaves them being denied thankful for the services of our law en- There was no objection. coverage for any reason, plausible or forcement officers everywhere who risk Mr. BURGESS. Mr. Speaker, I have not. They talk about medical bills that their lives daily for the safety and pro- the honor of welcoming and recog- are already too high before they have tection of others. nizing Rev. Charles E. Smith, who just to pay even more to cover their chil- Protect also our military members, gave the opening prayer before Con- dren who just graduated from college fortifying them as they secure the gress this 13th day of May of 2009. Rev. and are now struggling to find work. blessings of liberty to us and our pos- Smith is the pastor at Berea Baptist Families USA released a study this terity. Church in Forest Hill, Texas. He is week showing that 3.5 million New Finally, unite us as one Nation under joined today by his wife, Gloria; his Yorkers spend more than 10 percent of God that we may give You praise and children; and many, many members of their pretax income on health care glory always. his church family and church congrega- costs and almost 1 million New York- Amen. tion. ers spend more than 25 percent. This is

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

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VerDate Nov 24 2008 01:54 May 14, 2009 Jkt 079060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A13MY7.000 H13MYPT1 rfrederick on PROD1PC67 with HOUSE H5490 CONGRESSIONAL RECORD — HOUSE May 13, 2009 pretax income, which would be an even try’s energy policies by limiting the This is an example of the ugly con- higher percentage of their disposable amount of pollutants industries can sequences of enforcement-only ap- income. emit into the atmosphere and by in- proaches to immigration reform. We These numbers are one more piece of vesting in a clean energy economy that need a real reform that reflects Amer- evidence showing that the time is now will lead to new jobs, new businesses, ica’s needs. That’s comprehensive im- for comprehensive health care reform. and less dependence on foreign oil. This migration reform. We must reduce health care costs for act will invest in American jobs that I urge my colleagues in Congress to middle class families. can’t be shipped overseas. Whether it’s learn from the past and work with CHC f the ingenuity and innovation to create and President Obama to pass com- new technologies or the manufacturing prehensive immigration reform. DEAD PEOPLE GET STIMULUS that builds windmills, we will create CHECKS f millions of jobs here at home and make (Mr. POE of Texas asked and was America the world leader in the 21st- THE GLOBAL WARMING BILL given permission to address the House century clean energy economy. (Mr. SHIMKUS asked and was given for 1 minute.) f permission to address the House for 1 Mr. POE of Texas. Mr. Speaker, in an DAWN JOHNSEN minute and to revise and extend his re- effort to give away taxpayer money, marks.) the Social Security Administration is (Mr. PITTS asked and was given per- Mr. SHIMKUS. Mr. Speaker, you can even sending so-called ‘‘stimulus’’ mission to address the House for 1 be assured of a couple things: The glob- checks to dead people. An 83-year-old minute and to revise and extend his re- al warming bill reportedly that will be man in Maryland said his mother, who marks.) taken up next week in the Energy and has been dead for over 40 years, re- Mr. PITTS. Mr. Speaker, the Presi- Commerce Committee will raise energy ceived one of the $250 stimulus checks. dent’s nominee to head the Justice De- costs and create massive job losses. Even though the 83-year-old son partment’s Office of Legal Counsel is How do I know this? It happened in didn’t receive one of the checks, I guess truly from the radical fringe, which is southern Illinois in 1992, where we lost because he’s still alive, I’m sure he ap- why her confirmation is running into 14,000 coal miner jobs. The State of preciated the government thinking so much trouble in the Senate. Ohio lost 35,000 coal miner jobs. about his mom by sending her a check That person is Dawn Johnsen, a Why in the world in this economy so close to Mother’s Day. former attorney for one of the Nation’s would we make it more difficult to It does seem a bit odd that it takes largest and most radical abortion compete in the international arena by the government 40 years to figure out groups. Ms. Johnsen’s own quotes raising energy costs? somebody died. Anyway, the Social Se- speak for her radical views. She equat- I hope my Democratic friends are curity bureaucrats admit at least 10,000 ed pregnancy to slavery. She said that ready to answer that question. other dead people received checks too. laws restricting a woman’s ‘‘abortion That would be about $2.5 million in choice are disturbingly suggestive of f money. I wonder how many other free involuntary servitude.’’ She’s likened THE NEW ENERGY ECONOMY checks were sent to dead people that pregnant mothers to ‘‘no more than (Mr. PERLMUTTER asked and was the Social Security folks don’t even fetal containers.’’ And she claims that given permission to address the House know about. abortion is ‘‘a relief’’ rather than the for 1 minute.) Maybe since the bureaucrats are giv- traumatic experience it truly is for Mr. PERLMUTTER. Mr. Speaker, it’s ing money to dead people, they should women. go ahead and register them to vote as Her appointment is a slap in the face nice to see a Speaker from Colorado in well. Get the community group ACORN to fair-minded Americans. And now the chair. I want to respond to my friend from involved. Apparently, ACORN has a Senator REID has indicated he does not reputation for successfully registering have the votes to bring her nomination Illinois who just spoke about the loss dead folks to vote. Then the dead peo- to the Senate floor. The President of thousands of jobs in the coal indus- ple can get free money and vote too. should take a cue from the Senate and try. What a deal. withdraw this mistaken nomination, a The purpose of our bill is to move And that’s just the way it is. nomination that runs counter to the forward into a new energy economy, values of the American people. and there will be opportunities for f those in the coal industry, but we have CLEAN ENERGY FOR AMERICA f to find ways to capture the pollution (Mr. BRALEY of Iowa asked and was POSTVILLE RAID ANNIVERSARY that is set off by the coal. And so there given permission to address the House AND COMPREHENSIVE IMMIGRA- are thousands of jobs in the technology for 1 minute and to revise and extend TION REFORM and research of how we can use a cheap his remarks.) (Mr. BACA asked and was given per- and plentiful resource like coal, but we Mr. BRALEY of Iowa. Mr. Speaker, mission to address the House for 1 need to burn coal so it doesn’t continue America can become the world leader minute.) to pollute the atmosphere. in the new clean energy economy. But Mr. BACA. Mr. Speaker, this week We also need to use renewable energy to ensure our economic recovery is sus- marks the 1-year anniversary of the wherever we can, and we need to be ef- tainable for years to come, we intend raid at the Agriprocessor plant in ficient in how we use our energy. to pass comprehensive clean energy Postville, Iowa. That’s the new energy economy, and legislation that will create millions of On May 12, 2008, ICE agents arrested there will be thousands and thousands new American jobs that can’t be nearly 400 immigrant workers, this de- of jobs in that economy. It’s good for shipped overseas; reduce our depend- spite the horrific stories of worker national security, it’s good for the cli- ence on foreign oil; increase production abuse at the plant. This is a clear ex- mate, and it’s good for jobs. We must of cleaner, renewable energy sources; ample of the misplaced priorities of the do it now. crack down on heavy polluters who Bush administration, who fast-tracked f have damaged our air and water qual- criminal cases against undocumented ity; and give American entrepreneurs workers. COMMEMORATING THE 28TH AN- and innovators the tools they need to Last year I traveled to Postville and NUAL NATIONAL PEACE OFFI- stay competitive in this global econ- witnessed firsthand the deflated spirit CERS’ MEMORIAL SERVICE omy. of families who were torn apart from (Mr. PAULSEN asked and was given The Energy and Commerce Com- their loved ones. These raids not only permission to address the House for 1 mittee is currently considering draft affected the families of the detainees minute.) legislation called the American Clean but the whole community of Postville, Mr. PAULSEN. Mr. Speaker, this Energy and Security Act, or ACES. which to this day has not fully recov- week marks the 28th Annual National The legislation will reform our coun- ered. Peace Officers’ Memorial Service, a

VerDate Nov 24 2008 01:54 May 14, 2009 Jkt 079060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K13MY7.003 H13MYPT1 rfrederick on PROD1PC67 with HOUSE May 13, 2009 CONGRESSIONAL RECORD — HOUSE H5491 time when thousands of officers come Washington. Incredibly, banks that Mr. FLEMING. Mr. Speaker, I rise to Washington, D.C. to honor officers want to repay the money they got from today as a member of the House Armed who have given the ultimate sacrifice the Troubled Asset Relief Program, or Services Committee. I am concerned in the line of duty. It’s a time of re- TARP, as it is referred to, are being that the Department of Defense has be- membrance and an opportunity to pro- stopped by the Obama administration come less open and less accountable. vide comfort and appreciation to the from repaying the funds. Recent actions taken by the Pentagon families of fallen officers. After accepting TARP bailout funds has limited transparency and congres- The motto of Police Week is: ‘‘Never and, in some cases being forced to ac- sional oversight. Alone, Never Forgotten.’’ And it must cept bailouts, many banks have had First, for the first time ever, non- ring in the Halls of Congress not only enough and they are ready to return disclosure agreements have been re- this week but every day. That’s why I the money. You would think that quired of senior defense officials work- have joined Congressman STUPAK in in- would be easy, but the government ing on the budget. troducing the Law Enforcement Offi- won’t let them pay back the TARP Second, for the first time, routing cers’ Procedural Bill of Rights. This bi- funds. The vague guidelines provided ship readiness reports are being classi- partisan legislation ensures that police by the Obama administration for re- fied. This hampers Congress in its im- officers will receive a fair process and turning TARP funds are creating a reg- portant oversight function of the mili- proper protections in administrative ulatory uncertainty that is bad for our tary. The Army was even a no-show at proceedings. economy and bad for us taxpayers. the House Armed Services Committee I want to thank all the law enforce- We deserve to get the bailout money hearing on its top acquisition project. ment community and officers who back from the banks as quickly as pos- Do we want to wait until war to dis- commit their lives to serve us. From sible, which is why I have introduced cover we have a hollow fleet or inad- the officers who protect us here at Cap- the Bailout Freedom Act to ensure equate equipment? Congress has the itol Hill to those police officers that sure we have a clear and timely process constitutional duty to raise and sup- defend us back in our districts, this for making that happen. Once banks port armies and navies. country is a safer place because of the are certified to be well capitalized by This responsibility requires candid work you do. the regulators, the Federal Govern- answers from our senior military lead- f ment should allow the TARP bailout ers about the FY 2010 budget approval. funding to be paid back. To quote our President, ‘‘A democracy b 1015 From the beginning, I have opposed requires accountability, and account- AFGHANISTAN the bailouts and the growing encroach- ability requires transparency.’’ Where ment of the Federal Government in our is this promised transparency? (Ms. EDWARDS of Maryland asked daily lives. Now we must reverse that f and was given permission to address course of the current trend and allow CLEAN ENERGY FOR AMERICA the House for 1 minute.) TARP bailout funding to be paid back. Ms. EDWARDS of Maryland. Mr. Please join me in supporting the (Ms. WATSON asked and was given Speaker, I just returned from Afghani- Bailout Freedom Act. permission to address the House for 1 stan yesterday on a delegation led by f minute.) the gentlewoman from California, Ms. WATSON. Mr. Speaker, America SUSAN DAVIS. We are all blessed by the GLOBAL WARMING IS A CLEAR can become the world leader in the new sacrifice of our servicemen and women, AND PRESENT DANGER clean energy economy. To ensure our our diplomats and other civilians in (Ms. SPEIER asked and was given economic recovery is sustainable for harm’s way. We were moved by the permission to address the House for 1 years to come, we intend to pass com- courage of the Afghan women, in whose minute.) prehensive clean energy legislation success rests the future of Afghanistan. Ms. SPEIER. Mr. Speaker, two-thirds that will create millions of new Amer- Mr. Speaker, it’s time for the Presi- of the American people believe that ican jobs that cannot be shipped over- dent and this Congress to be straight global warming is a clear and present seas, reduce our dependence on foreign about what it means to win in Afghani- danger, yet there are still Members in oil, increase production of cleaner, re- stan. Our spending must reflect our this House that deny it even exists. newable energy sources, crack down on goal, and right now it does not. This is Fortunately, many here are working heavy pollutants who have damaged not a 90 percent, in-out, 2-year military diligently to craft a bipartisan and our air and water quality, and give operation, and everyone there knows commonsense energy plan that makes American entrepreneurs and it. Winning requires a long-term plan polluters pay, provides for middle class innovators the tools they need to stay to return 90 percent illiteracy to lit- energy tax credits, and creates a new competitive in the global economy. eracy, to grow food crops to replace industry and lots of good, clean, green There is also the Energy and Com- poppies, to transform a 16th century jobs. In the process, we will reduce our merce bill called the American Clean economy to the 21st century. reliance on foreign oil from nations Energy and Security Act. It will invest It’s a generation of change, and we that mean to do us harm and put us on in American jobs that cannot be have to have a plan while we are there a path towards being faithful stewards shipped overseas. It will reduce our de- and one for leaving. We best honor our of this beautiful planet that God has pendence on foreign oil. It will be con- men and women who serve and give loaned us. sumer focused and increase production their lives by being honest. They stand But the science deniers don’t care of cleaner, renewable energy sources. on the wall. They hold the line. They about any of that. They choose, in- f cross the wire. And the least we can do stead, to twist the simple idea that pol- SERIOUS ECONOMIC IMPACT WITH is prepare the American people to luters should pay for what they pollute EPA CO RULES match their sacrifice with real and into the same tired argument that it is 2 long-term commitment for Afghani- somehow a tax. (Mrs. BLACKBURN asked and was stan and for our own national security. The American people are speaking given permission to address the House f loud and clear. They want Congress to for 1 minute and to revise and extend do something about global warming. At her remarks.) YEAR OF THE BAILOUT least some of us are listening. Mrs. BLACKBURN. Mr. Speaker, I (Mr. TIAHRT asked and was given f have a memo and article, ‘‘OMB Memo: permission to address the House for 1 Serious Economic Impact Likely with DOD NEEDS MORE TRANSPARENCY minute and to revise and extend his re- EPA CO2 Rules’’ and also the article marks.) IN BUDGET PROCESS that is from the Dow Jones Newswires Mr. TIAHRT. Mr. Speaker, last year (Mr. FLEMING asked and was given that brings attention to this. I have should be remembered as the year of permission to address the House for 1 both documents right here, and I en- the bailout. This year is not much bet- minute and to revise and extend his re- courage my colleagues to read both of ter under the current leadership in marks.) these documents.

VerDate Nov 24 2008 01:54 May 14, 2009 Jkt 079060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K13MY7.028 H13MYPT1 rfrederick on PROD1PC67 with HOUSE H5492 CONGRESSIONAL RECORD — HOUSE May 13, 2009 As the memo points out, and the ar- insurance for everyone saying, I don’t H. RES. 427 ticle also states, contrary to adminis- want to pay for health insurance for Resolved, That at any time after the adop- tration statements, some within the my neighbor. Well, if I were his neigh- tion of this resolution the Speaker may, pur- executive branch have serious reserva- bor, what I would say is, You had bet- suant to clause 2(b) of rule XVIII, declare the tions about regulating CO through the ter want to, because you, like every House resolved into the Committee of the 2 Whole House on the state of the Union for Clean Air Act. They highlight that other American, is one pink slip, one consideration of the bill (H.R. 2187) to direct such regulation will place a tremen- cancer diagnosis, one serious accident the Secretary of Education to make grants dous cost on our economy. I share their away from being among the 47 to 50 to State educational agencies for the mod- concerns, and I have introduced H.R. million Americans without insurance ernization, renovation, or repair of public 391 to prohibit the EPA from under- and who face financial ruin because of school facilities, and for other purposes. The taking such regulation. that problem. first reading of the bill shall be dispensed The regulation of greenhouse gases Yes, we may differ on the details. We with. All points of order against consider- ation of the bill are waived except those aris- by the EPA would, and I am quoting may figure out and have a substantial ing under clause 9 or 10 of rule XXI. General from the memo here, ‘‘is likely to have debate about how we get there. But un- debate shall be confined to the bill and shall serious economic consequences.’’ less we make sure that every American not exceed one hour equally divided and con- Mr. Speaker, we all know what that has health insurance, then every neigh- trolled by the chair and ranking minority is, and we know it will be realized if bor is going to be paying far more than member of the Committee on Education and the cap-and-trade bill currently under he or she should for their coverage, and Labor. After general debate the bill shall be consideration is passed. we will continue to have a system considered for amendment under the five- I encourage everyone to join me on which is not what the American people minute rule. It shall be in order to consider as an original bill for the purpose of amend- H.R. 391 and to read the memos. deserve. ment under the five-minute rule the amend- f f ment in the nature of a substitute rec- ommended by the Committee on Education GROW CLEAN ENERGY JOBS WE CAN’T CONTINUE TO DEPEND and Labor now printed in the bill. The com- (Mr. INSLEE asked and was given ON MIDDLE EAST OIL mittee amendment in the nature of a sub- permission to address the House for 1 (Mr. PALLONE asked and was given stitute shall be considered as read. All points minute and to revise and extend her re- permission to address the House for 1 of order against the committee amendment marks.) minute.) in the nature of a substitute are waived ex- Mr. PALLONE. Mr. Speaker, I have cept those arising under clause 10 of rule Mr. INSLEE. Mr. Speaker, Americans XXI. Notwithstanding clause 11 of rule are an optimistic people. That was con- been here for about 20 years now and I XVIII, no amendment to the committee firmed yesterday when results came have been through various crises, in amendment in the nature of a substitute out showing that Americans believe, by the 1970s with energy and gas prices shall be in order except those printed in the a 2–1 margin, that we will grow clean and, of course, one that we just faced report of the Committee on Rules accom- energy jobs by the millions when we within the last year or so. panying this resolution. Each such amend- adopt a clean energy bill in this House, The bottom line is that we need en- ment may be offered only in the order print- and they are right. ergy independence. We can’t continue ed in the report, may be offered only by a to depend on Middle East oil. At the Member designated in the report, shall be We should be optimistic that we are considered as read, shall be debatable for the going to build electric cars and sell same time we have a global climate time specified in the report equally divided them to the rest of the world, not just crisis. Anyone who denies it is just kid- and controlled by the proponent and an op- China. We ought to be optimistic that ding themselves. ponent, shall not be subject to amendment, we are going to build concentrated So basically what we are doing here and shall not be subject to a demand for divi- solar energy technology and sell it to in the House is coming up with a bill sion of the question in the House or in the the rest of the world. that will probably come to the floor Committee of the Whole. All points of order We ought to be optimistic that we within the next 2 weeks that tries to against such amendments are waived except those arising under clause 9 or 10 of rule XXI. are going to build the electric batteries achieve energy independence and also addresses the problem of global warm- At the conclusion of consideration of the bill that will fuel our cars and help make for amendment the Committee shall rise and our grid more responsive. ing, but at the same time creates a lot report the bill to the House with such This is the optimism that those of us of jobs. Because as we move towards re- amendments as may have been adopted. Any have who are going to pass a clean en- newables, whether it be solar or wind Member may demand a separate vote in the ergy bill this year to make this hap- or geothermal, there are a lot of jobs in House on any amendment adopted in the pen. research and development. There are Committee of the Whole to the bill or to the Here is another reason for optimism. jobs in actually building those facili- committee amendment in the nature of a substitute. The previous question shall be Yesterday we reached a consensus in ties. There are jobs in trying to create more energy efficiency. considered as ordered on the bill and amend- the House Energy and Commerce Com- ments thereto to final passage without inter- mittee. With broad swathes of the And these jobs that would be created, vening motion except one motion to recom- country, the south-north industrial these are the kinds of high-technology mit with or without instructions. egg, we have reached a consensus that jobs, if you will, as well as construc- The SPEAKER pro tempore. The gen- tion jobs, that we really need, because we are going to grow jobs everywhere tleman from Colorado (Mr. POLIS) is in this country because we are the op- a lot of people are out of work and are recognized for 1 hour. timists, and the optimists are going to not working in similar industries. Mr. POLIS. Mr. Speaker, for the pur- win this clean energy debate. Their activities can be basically trans- poses of debate only, I yield the cus- ferred to these new kinds of job oppor- f tomary 30 minutes to the gentleman tunities. from Florida (Mr. LINCOLN DIAZ- REFORM OUR HEALTH CARE So I want to stress that this energy BALART). All time yielded during con- SYSTEM bill is a job creation bill. sideration of the rule is for debate (Mr. YARMUTH asked and was given f only. permission to address the House for 1 b 1030 GENERAL LEAVE minute.) Mr. POLIS. I further ask unanimous PROVIDING FOR CONSIDERATION Mr. YARMUTH. Mr. Speaker, this consent that all Members may have 5 OF H.R. 2187, 21ST CENTURY Congress will soon move to reform our legislative days within which to revise GREEN HIGH-PERFORMING PUB- health care system, and none too soon. and extend their remarks and insert LIC SCHOOL FACILITIES ACT And when we do, I hope there is one extraneous materials into the RECORD. prerequisite, one standard that we can Mr. POLIS. Mr. Speaker, by direction The SPEAKER pro tempore. Is there all agree on, and that is the essential of the Committee on Rules, I call up objection to the request of the gen- fact that we need to make sure that House Resolution H. Res. 427 and ask tleman from Colorado? every American has health insurance. for its immediate consideration. There was no objection. Yesterday, on television, I saw a The Clerk read the resolution, as fol- Mr. POLIS. I yield myself such time commentator arguing against health lows: as I may consume.

VerDate Nov 24 2008 01:54 May 14, 2009 Jkt 079060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\K13MY7.007 H13MYPT1 rfrederick on PROD1PC67 with HOUSE May 13, 2009 CONGRESSIONAL RECORD — HOUSE H5493 Mr. Speaker, House Resolution 427 pact on residential property values and issue. Parents, students, and teachers provides for a structured rule for con- economic development efforts. It cre- feel that many schools are increasingly sideration of H.R. 2187, the 21st Cen- ates an estimated 136,000 jobs in com- overcrowded, unsafe, and obsolete, de- tury Green High-Performing Public munities across the country at a time tracting from student performance. School Facilities Act. when we desperately need them. The deteriorating conditions in many Mr. Speaker, I strongly support the By making schools more energy effi- schools has forced school systems rule and the underlying bill. I thank cient and less reliant on fossil fuels, throughout the Nation to spend pro- Congressman CHANDLER, Congressman this bill will also help reduce the emis- gressively more of their budgets on LOEBSACK, Congressman KILDEE, Chair- sions that contribute to global warm- school renovations and construction man MILLER, and the entire staff of the ing, as well as cut energy costs, saving projects instead of on students and Education and Labor Committee for operational money for schools and teachers. their hard work in reintroducing this local governments. Today, the House of Representatives bipartisan, critical legislation to mod- This bill will stimulate local econo- is set to consider H.R. 2187, the 21st ernize and green American schools. mies, while protecting the environ- Century Green High-Performing Public Every child in America has the right ment. The added benefit of job creation School Facilities Act. This bill will di- to an excellent education. This can in the areas hardest hit by the reces- rect the Secretary of Education to only be achieved through the best sion will be an important component of make grants and low-interest loans to teachers in safe schools and productive our economic recovery. local educational agencies for the con- learning environments equipped with When I think about the devastation struction, modernization, or repair of the resources required to succeed. Any- of the Gulf Coast, where schools have public educational facilities. These thing else is increasingly unacceptable been overlooked for decades and, in funds will help school systems pay for in the 21st century. many cases, were washed away by flood renovations and construction projects Unfortunately, as a Nation, we are waters of Hurricanes Katrina and Rita, so that they can dedicate more of their unable to meet this basic standard. Ac- it really brings home the need for pass- budgets to improving the education of cording to the American Federation of ing this Federal assistance program. our Nation’s students. Teachers, our schools fall short of The African America Environ- It also requires the funds to be used being in good condition by an esti- mentalist Association estimates that only for projects that meet certain the legislation will support hundreds of mated $255 billion. The American Soci- green standards, such as Leadership in thousands of new construction jobs and ety of Civil Engineers gave our Na- Energy and Environmental Design, invest more than half a billion dollars tion’s schools a D on the national in- known as LEED; Energy Star, or an for school facility improvements in the frastructure report card. equivalent State or local standard. The American Recovery and Rein- troubled region of the Gulf Coast. One of the central tenets of the ma- In 2006, I had the honor of cochairing vestment Act, which we passed earlier jority party’s campaign both in 2006 a successful campaign for a $300 mil- this year, will go a long way towards and in 2008 was that they would run lion bond initiative for Boulder Valley correcting this horrifying statistic. Congress in a more open and bipartisan School District in my congressional However, we can’t stop with the Recov- manner. For example, the distin- district to address their school needs. ery Act. This is too important an issue. guished Speaker said, We promise the But many low-income districts in Colo- Overcrowding and crumbling and un- American people that we would have rado don’t have the capacity to finance safe schools and classrooms are an ev- the most honest and open govern- the necessary school upgrades. eryday reality for students, teachers, That’s why I’m particularly pleased ment—and we will. However, that and staff in too many parts of our that this legislation addresses income promise has yet to come to fruition, as country. In Colorado, the backlog of disparities by allocating funds to the majority has consistently blocked school construction and maintenance States and districts based on their an open process through their control needs that has been documented has share of students from low-income of the Rules Committee. been estimated between $6 billion and families. This way, we can ensure that A prime example of how they have $10 billion. the funding reaches the schools and consistently stymied openness and bi- This backlog puts the health, safety, students that need it the most. partisanship can be seen by looking at and achievement of our students at Communities in my home State of the virtual absolute lack of open rules risk. Healthy students learn better and Colorado will receive over $70 million, that they have allowed since they took are better prepared to meet the high which will enable much needed im- control of the House of Representatives 1 standards of the workforce. The stu- provements in our schools. I look for- in 2006. In nearly 2 ⁄2 years, the major- dents of today will be the professionals ward to visiting these schools as they ity has allowed one open rule—and that and citizens of tomorrow. They must continue to work on making their im- was over 2 years ago. be ready to meet unexpected chal- provements. Instead of fulfilling their campaign lenges, such as today’s economic crisis, Earlier this week, I had the oppor- promise, the majority consistently and they must be empowered to bring tunity to visit schools in Adams Coun- closes the amendment process and America to the next level of innovation ty, Boulder Valley, Mapleton, and keeps Members from offering amend- and discovery and the pathway to pros- Westminster, and observed the progress ments to important legislation. perity. that this bill will make possible for the Earlier this year, the majority As a former superintendent, I can tell children of Colorado. rushed through some of the largest and you that modern, environmentally Finally, I’d like to again thank most significant pieces of legislation friendly classrooms are necessary for Chairman MILLER and the committee through a closed rule process, includ- teachers to perform and for students to for ensuring that public charter ing the nearly $800 billion so-called learn. Research shows that high-qual- schools receive their fair share of the stimulus and the over $400 billion so- ity school environments contribute to funding as well. called omnibus appropriations bills. higher education achievement and On behalf of my constituents in Colo- Now, Mr. Speaker, I bring up this lower teacher attrition. Yet, States rado, especially the students, parents, lack of an open process and the contin- and school districts are unable to keep and educators, I’d like to urge my col- ued use of the closed rule by the major- up with these basic needs. This is espe- leagues to vote ‘‘yes’’ on the bill and ity because later today the Rules Com- cially true during the severe recession. the rule. mittee is expected to meet to consider This $6.4 billion investment will I reserve the balance of my time. yet another closed rule for fiscal year produce direct and major economic and Mr. LINCOLN DIAZ-BALART of 2009, the War Supplemental Appropria- environmental benefits. Florida. I thank my friend, the gen- tion Act. That legislation will provide This legislation represents a giant tleman from Colorado (Mr. POLIS), for over $90 billion to fund the Department step forward in ensuring that school the time. I yield myself such time as I of Defense and related programs. buildings are modernized, repaired, and may consume. Now it is time that the majority renovated to meet students’ and teach- The condition of our public schools is lives up to its campaign promise and ers’ needs. This will be a positive im- increasingly becoming a troubling allows an open debate process. It’s not

VerDate Nov 24 2008 01:54 May 14, 2009 Jkt 079060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\K13MY7.010 H13MYPT1 rfrederick on PROD1PC67 with HOUSE H5494 CONGRESSIONAL RECORD — HOUSE May 13, 2009 enough to allow amendments on gen- dane Central School District is plan- ble for funding. This legislation stands erally noncontroversial legislation like ning to replace their old HVAC system for the principle that only roughly 60 the one we bring to the floor today with a cost-effective and renewable percent of schools in America can even that authorizes over $6 billion for geothermal power system. But these apply for funding under this legislation school construction. They should allow and other districts in the Hudson Val- and that 44 percent cannot apply. an open process, Mr. Speaker, on, for ley could use some help. In my congressional district, we have example, the over $90 billion supple- As schools make repairs, hundreds of seen good green school initiative pro- mental appropriations bill that we will thousands of jobs will be available to grams like at the Thomas Middle consider later this week, and on energy hardworking Americans, good-paying school in Arlington Heights, in which and health care legislation expected to jobs that cannot be outsourced. they assembled public and donor funds I urge my colleagues to support this be taken up in the coming weeks. for a 1-kilowatt solar array on their rule and this legislation because it is I reserve the balance of my time. roof and for conservation measures. good for our environment, good for our Mr. POLIS. Mr. Speaker, I yield 2 They learned an important lesson. And students, and good for our economy. minutes to the gentleman from New by the way, the kids learned an impor- Mr. LINCOLN DIAZ-BALART of York (Mr. HALL). tant lesson that maybe solar power in Florida. Mr. Speaker, I yield such time Mr. HALL of New York. I thank the Chicagoland did not have the greatest as he may consume to the distin- gentleman from Colorado. Mr. Speaker, potential as in other parts of the coun- guished gentleman from Illinois (Mr. I rise today in support of this rule and try because we only have about 58 KIRK). the underlying bill, H.R. 2187. I also sunny days a year. It was an important must comment, I’m sorry that my Mr. KIRK. I rise in opposition to this rule on what is a relatively non- renewable energy lesson where in the friend and colleague from Florida feels Windy City wind power might be the that things like the 2009 appropriations controversial bill just to ask the ma- jority, What are you afraid of? You more appropriate solution. And I’m bill was somehow closed, because not very happy that our students learned only was it agreed to last year in com- have a 78-seat majority in the House of Representatives, but you are afraid that lesson. And some of them may be mittee and subcommittee and through inspired by their experience at Thomas the normal appropriations process, but that amendments may carry. It is an astonishing admission of weakness by to pick up a career in the field of there were hundreds, if not thousands, science and engineering. of special appropriations or earmarks the leadership that you cannot with- that some would say that were asked stand a House vote on amendments. As We had a similar program at the Elm for and granted to Republican Members someone who has been here as a staffer Place middle school in Highland Park, of Congress. and a Member since 1984, I will tell you Illinois, a greening project in which the So it’s simply in that case not true that closed rules generally end speak- students reported that despite all of that—— erships over time. the attention on the renewable energy Mr. LINCOLN DIAZ-BALART of ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE side, they actually saved more money Florida. Will my friend yield? The SPEAKER pro tempore. The gen- with conservation. These are impor- Mr. HALL of New York. Yes, just for tleman will address his remarks to the tant lessons that we know apply to the a second. Chair. Nation, as well, and I’m very happy the Mr. LINCOLN DIAZ-BALART of Mr. KIRK. I stand corrected. students were able to learn this lesson. Florida. I was talking about the proc- I would just say that closed rules Under our amendment that was re- ess that does not permit amendments generally end speakerships over time jected by this rule, we would have on the floor. That’s what we’re refer- because what happens is if you do not opened up just 1 percent of the funding ring to when we talk about closed let democracy reign on the House floor, in this legislation to the other 44 per- rules. what happens is big bills wipe out. And cent of schools, mainly suburban Mr. HALL of New York. I understand. we certainly saw this in the end of schools, which are locked out of any Reclaiming my time, I want to talk—— Speaker Wright’s service when on consideration of funding under this Mr. LINCOLN DIAZ-BALART of closed rules he misguided the rules on bill. In Illinois, there are 32 school dis- Florida. The fact that there were ear- the Chamber and then collapsed entire tricts that may not receive funding marks in the bill is a separate debate. huge pieces of legislation, by the way, from this legislation. And I think that Mr. HALL of New York. Reclaiming reconciliation legislation, which then the other 44 percent should have been my time. wiped out his speakership. considered, that 44 percent of kids The SPEAKER pro tempore. The gen- With a 78-seat majority, it is an as- should have participated in green tleman from New York controls the tonishing admission of weakness that school projects, as the kids in my con- time. the leadership cannot win on amend- gressional district have done with their Mr. HALL of New York. I’m reclaim- ment votes on the House floor and that own money; and yet we rejected that ing my time, sir. I only have 2 minutes. they do not want to be subjected to possibility. scrutiny and feel that in the Speaker’s b 1045 office alone there is a judgment which It is astonishing because I think the I just wanted to correct that bit of will always carry the day on the House Carney-Kirk amendment would have the RECORD. floor. And I will refer to the end of carried, would have provided an oppor- America’s aging schools are in dire Speaker Wright’s career, the end of tunity for a lot of kids in America to need of assistance. I am a former trust- Speaker Foley’s career, even the end of learn some very valuable lessons about ee and school board president. I have Speaker Hastert’s career, as a reflec- the future of the economy, but also as- seen it. Buildings are crumbling while tion that democracy is much better tonishing that on a 78-vote majority in school districts are having trouble pay- served if you can actually allow some this House of Representatives, the ing their energy bills. This bill would controversial amendments or two. And Democrat leadership feels that they help school districts invest in repairs, to sit on a 78-vote majority and think will still regularly lose in open debate construction and green modernization you are going to lose on the House on this House floor. without passing the burden on to local floor is an amazing admission on your Mr. POLIS. Mr. Speaker, a few times taxpayers who in New York, I know, part. I have heard reference to a closed rule. can’t afford any more property tax. Now one of the things that is not And I want to be entirely clear that Schools in my district are already being considered, because this legisla- what we are proposing is, in fact, a doing some of this work. For example, tion closes down amendments, is a bi- structured rule on this bill. There were Arlington High School is installing partisan amendment by Congressman 34 amendments that were submitted. solar panels to offset carbon emissions, CARNEY and me. Now, what we wanted We are forwarding for the consider- panels that were lobbied for by the stu- to do was simply open up eligibility ation by the full House 14. So I do be- dents who went to their school board, under this legislation to the 44 percent lieve that arguments against a closed went to the State and came to us ask- of American schools that, under the rule on this particular bill are not ing us if our office could help. The Hal- terms of this legislation, are not eligi- founded.

VerDate Nov 24 2008 03:00 May 14, 2009 Jkt 079060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\K13MY7.011 H13MYPT1 rfrederick on PROD1PC67 with HOUSE May 13, 2009 CONGRESSIONAL RECORD — HOUSE H5495 I would like to yield 3 minutes to the Mr. Speaker, in these challenging But, Mr. Speaker, there is something gentlewoman from Ohio (Ms. SUTTON). economic times, important, innovative that we need to remember that was a Ms. SUTTON. Mr. Speaker, I thank legislation such as this will go a long hallmark of the vision that the Fram- the gentleman for the time and for the way to creating new opportunities for ers of our Constitution put forward. clarification about the nature of this America’s students and workforce. And that is the notion of federalism, rule. I urge a ‘‘yes’’ vote on the rule and the responsibility of things that fall at I rise today in support of the under- the underlying bill. the Federal level here in Washington, lying legislation, H.R. 2187, the 21st Mr. LINCOLN DIAZ-BALART of D.C., and the responsibility of things Century Green High-Performing Public Florida. Mr. Speaker, in case there was that should remain at the State and School Facilities Act, a bill that was some confusion, we have not alleged local level. considered, discussed, and passed al- that this is a closed rule. This is a rule My State of California is going ready once by this House in the last that is known as a ‘‘structured rule’’ through the toughest economic times Congress. that permits, authorizes, some amend- that it has ever faced, I believe. We This bill will improve the founda- ments to be debated and made other just received a report that the deficit tions of our education system and mod- amendments not in order, in other itself is double what had been pro- ernize our buildings to reflect the envi- words, did not authorize other amend- jected. And we have, I think, really dif- ronmental realities before us. We know ments. We heard Mr. KIRK, for exam- ficult days ahead. But we need to re- all too well that our treasured school ple, of Illinois, who had an amendment, member, Mr. Speaker, that the number districts are struggling to make essen- proposed an amendment before the one priority for the number one budget tial improvements during these chal- Rules Committee, and he explained it item for our State of California hap- lenging economic times. in detail. It was a bipartisan amend- pens to be the issue of education. It is critical that we improve our ment. And it was not authorized. It was schools to ensure that students have a not made in order for debate today. b 1100 healthy and safe environment in which What we are pointing out is that on There are States across this country to learn and develop the skills nec- legislation like this, for example, that that are not faced with the difficulty essary to compete in today’s work- has passed the House before, that today that we are in California. The best ex- force. By facilitating development of will likely pass the House again with a ample came forward by our new col- sustainable schools, our students will bipartisan vote, it really does not seem league, Mr. ROE, who was the former have a healthy learning environment logical, and Mr. KIRK was quite elo- mayor of Johnson City, Tennessee. And that will naturally promote environ- quent in describing it, that ideas he was able to outline in his role as mental literacy. It is also essential brought forth by Members are not al- mayor the success that they are having that our schools are structurally sound lowed to be considered by the House. with the expenditure of $50 million to And with regard to closed rules, I and updated with the needed safety not only improve the physical quality pointed out that the rules that allow measures that will protect our youth of the schools themselves, but their ef- any Member to propose an amendment from today’s threats. fort to reduce energy costs, which I And, Mr. Speaker, I am particularly and have it debated, those are, as you know is part of the greening goal here. supportive of a measure that was in- know, Mr. Speaker, called ‘‘open’’ They are saving money by using more rules. And the majority, both in 2006 cluded in this Congress when this bill efficient ways to heat and cool the and 2008, promised an open process in passed the House. That measure in- schools, so they are actually wit- their campaigns. In 21⁄2 years, they cluded an initiative which I cham- nessing a savings there. But this is all have allowed one open rule. So that is pioned that will allow schools to use being done at the local level. That is a major contrast with the promise. The funding from this bill to improve their the argument that we have here. reality contrasts quite dramatically building infrastructure with the nec- As we look at a budget deficit this with the promise. year that is larger than the entire Fed- essary security measures and security At this point, I would yield such time eral budget was a mere decade ago, I doors. as he may consume to the distin- think we need to analyze what respon- I am pleased that my provision re- guished ranking member of the Rules mains in the current bill. And let me sibilities under this role of federalism Committee (Mr. DREIER). tell you why it is important. Bruns- (Mr. DREIER asked and was given the Federal Government should con- wick High School, in my district, is the permission to revise and extend his re- tinue to take. No one is going to stand largest single-level high school build- marks.) here and say that they don’t want to ing in Ohio, stretching one-quarter of a Mr. DREIER. Mr. Speaker, I thank ensure that the ceilings don’t collapse mile from end to end with 60 entrances. my friend from Miami for his manage- in schools. They will not stand here As you can imagine, this presents a dif- ment of this rule and his very, very and say that they should be air-condi- ficult security challenge for teachers thoughtful remarks and the way in tioned in the winter and heated in the and administrators. But with this pro- which he addresses every single issue summer. No one is going to argue in vision, the district can use the funding that comes before us. He has spoken favor of a less than perfect physical to update the high school’s entrances very thoughtfully about the problem of structure for students. to meet today’s security needs. shutting down the process and pre- But what I believe we need to argue I am also proud that this legislation venting Members who have an idea to is how do you pay for that. And again, includes a ‘‘Buy American’’ provision. come forward. He used the example of I believe very strongly that we, as a This provision will require that steel, our friend from Illinois (Mr. KIRK). Federal Government, have reached way iron and other manufactured goods I want to talk, Mr. Speaker, about too far into so many different areas. used for the construction of these im- the overall thrust in which we are Right now we are looking at doing this provement projects are produced right headed with this legislation. We had an in the area of health care, energy, a here in the United States. The eco- interesting debate in the Rules Com- wide range of areas. We are looking at nomic downturn has taken a toll on mittee last night. And I will say that dramatically increasing the exercise U.S. manufacturing, including the steel we all share the goal of ensuring that and scope and reach of the Federal plants in my congressional district, young people in this country have the Government. Today we have another and we need to put Americans back to best quality education possible, that example of that. work doing the work that America they have a safe environment and that Now, there will be people who will needs to have done. they have a comfortable environment argue that if you are not supportive of This bill also contains Davis-Bacon in which to study. After all, if we are this measure that you somehow want protections requiring that contractors going to, as a Nation, remain competi- substandard schools in this country. who build these projects pay their tive in this global economy, the single That is just absolute lunacy. We are workers the local prevailing wage most important thing that we need to just saying that the Federal Govern- which is so important to ensuring that do is ensure that we have well educated ment can’t do absolutely everything. workers are able to provide for their young people to proceed with the chal- So in the name of fairness, I urge my families. This is about families. lenges that exist in a global economy. colleagues to reject this rule which

VerDate Nov 24 2008 01:54 May 14, 2009 Jkt 079060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\K13MY7.014 H13MYPT1 rfrederick on PROD1PC67 with HOUSE H5496 CONGRESSIONAL RECORD — HOUSE May 13, 2009 does not provide Mr. KIRK and others objection, certainly, on our part to the Mapleton School District, which the chance that they should have to unfortunate nature in which the way serves just a few thousand kids, will re- offer amendments. I thank my friend the process, the debate in the House ceive $578,000 under this bill; West- for yielding. has been closed down unnecessarily by minster School District in Colorado Mr. POLIS. Mr. Speaker, I yield 3 the majority. We had an example will receive $1.8 million; and Adams minutes to the gentleman from Florida today, an amendment that was brought County 12 District will receive $2.36 (Mr. KLEIN). before the Rules Committee with bi- million. Mr. KLEIN of Florida. Mr. Speaker, I partisan authorship, and yet it was not Mr. Speaker, a few folks have men- thank the gentleman and rise in strong allowed for discussion and consider- tioned, Oh, this shouldn’t be the Fed- support of H.R. 2187. This important ation by the full membership, and that eral Government’s responsibility. legislation will fund much-needed re- is unnecessary and unfortunate. The question I would pose is: Who, pairs to public school buildings, reduce Having said that, we will consider then, can repair these schools? Who their carbon footprint, and maximize without any doubt this legislation even can ensure that these classrooms are scarce education resources by saving though I think the rule that brings it safe? Where can the money come from? our schools money on energy costs. By to the floor should have been an open Certainly there are many wealthy dis- investing up front in sustainable ren- rule, and the majority would have thus tricts that can afford to do that them- ovations to our public school facilities, had an opportunity to double its record selves. But by allowing only wealthy we can help slash their energy bills by of open rules. Since they took the ma- districts to build classrooms for the as much as 33 percent in the long term jority about 21⁄2 years ago, they have 21st century, we are not only creating and free up more money to invest in allowed one open rule. That is some- a divide on the operations side of teacher retention, textbooks, after- thing I would have never expected. I school funding, we are actually making school activities, and a number of would have never expected. Certainly it that considerably worse by creating an other things that are so important to is very different from the promise enormous gap on the capital front, our children’s education. made to the American people of an leading to attrition of good teachers In my home State of Florida, school open process. It is unfortunate. from dangerous and poor-quality construction and renovation projects But we move forward. Thank you for schools in poor areas, as well as lower for school buildings are a desperate sit- listening, Mr. Speaker, and for your student outcomes because of lack of uation. Unfortunately, they have been fairness in guiding this process as al- heating, lack of air-conditioning, dan- postponed indefinitely time and time ways. gerous conditions, et cetera. This bill Having said that, I yield back the again as our schools struggle to fund will help reduce those disparities. We balance of my time. certainly have a long way to go, but their most basic needs, such as school Mr. POLIS. Mr. Speaker, just this supplies, school lunch programs, teach- this bill will help do that. last week I had the opportunity in Col- In addition, there are a number of er salaries, and general operating orado to visit a number of schools in schools that actually are dangerous costs. These Federal funds that we are several school districts across the dis- and represent a danger for the teachers talking about today will help bring trict that I represent. I visited Adams and for the students. For instance, these school buildings up to code, all County, Boulder Valley, Mapleton, and there was an incident last year in Mas- while creating thousands of jobs in the Westminster. sachusetts where a roof fell in and ac- construction industry, an industry hit With regard to Boulder Valley School tually injured a teacher. They had a particularly hard in these tough eco- District, having recently passed a $300 leaky roof for decades in Billerica, nomic times. We are talking about a million bond initiative, it was very ex- Massachusetts. The district was not great benefit from this bill. It is short citing to see some of the renovations able to afford to repair or replace the term in terms of construction jobs and that were taking place. I had an oppor- school. In fact, when it rained, the support for the schools, and long term tunity to go on the roof of one of the principal would announce, Heavy rains in terms of better quality school build- schools and observe the solar panels are expected; clear the counters. The ings. that were being installed, as well as a water damage had caused the floor to I was proud to support, along with device that focuses sunlight to provide rot and a teacher actually fell through my colleague, Congressman natural light for the classroom. That is the floor and injured herself because of BLUMENAUER, to facilitate greater bicy- called a Sundolier, and what that en- that. Some of the rooms are so haz- cle and pedestrian access to our Na- compasses is twofold. One, it saves the ardous they are closed to students and tion’s schools. When I went to school need for artificial light and saves en- staff. when I was a kid, I rode my bike to ergy for the school. Two, there are a That is not an unusual phenomenon. school, I walked, and all of these things number of studies that show that nat- In my district, I was at one elementary today are the kinds of things that we ural light can actually serve to im- school where the gym has been closed want to encourage in the future. By au- prove learning. This was an item that for several years because pieces of ceil- thorizing funds to facilitate healthy al- Boulder Valley School District was ing are falling off the gymnasium and ternative modes of transportation to able to purchase. There are four that it is a danger for kids, so the school our schools, we can also reduce the are now pilot projects in Colorado. has not had a gym for those kids to use cost of school buses and various other There are studies being done to docu- for several years. things. We can reduce vehicle conges- ment the learning impact. This is the In this school in Massachusetts, they tion on our roads, decrease emissions, type of activity that many school dis- have now moved the girls’ locker room and improve the health and well-being tricts cannot afford to consider. to the library, and there is so little of our students. Mapleton School District, just 10 space available because of the closure Mr. Speaker, I would like to thank miles down the road, it has been on of the rooms that are dangerous that Congressman CHANDLER for introducing their ballot twice with bond initia- special education classes now meet in this important legislation, and I urge tives, but they have been unable to get what was the boys’ locker room. They my colleagues to support the rule and them to pass. They have a much lower are trying to use every available place the underlying bill. local tax base and it is very difficult, that they have because of the unsafe Mr. LINCOLN DIAZ-BALART of and many of the constituents are nature of some of those schools. Florida. Mr. Speaker, I would like to struggling to stay in their homes. For School districts do a good job with thank my friends on the other side of that reason, this Federal money will be what they have. They try their best. the aisle for their participation as well, particularly welcomed in those dis- They approach their voters when they obviously, as my friends and colleagues tricts that serve the most at-risk chil- can, but there are districts in Colorado from our side of the aisle. dren, which is why I applaud the efforts and, indeed, nationally that have very As I stated before, this is legislation of Chairman MILLER and the com- little local tax base from which to that has passed before. It passed with mittee and the sponsors to target this draw. In Colorado, we had a lawsuit a some bipartisanship. There is some le- money to districts that serve a high number of years ago which was ulti- gitimate substantive debate on the un- count of low-income students using the mately settled by the State with re- derlying legislation, but I think more title I criteria. gard to the failing state of our schools

VerDate Nov 24 2008 01:54 May 14, 2009 Jkt 079060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\CR\FM\K13MY7.016 H13MYPT1 rfrederick on PROD1PC67 with HOUSE May 13, 2009 CONGRESSIONAL RECORD — HOUSE H5497 and our capital infrastructure in Colo- The rule, Mr. Speaker, is fair. Of the Similar to legislation passed last summer, rado school districts that had very lit- 34 amendments that have been offered, the bill we are about to consider commits bil- tle local tax base. The decision stated 14 have been ruled in order, including lions of dollars in funding to public schools for that the State had in fact not lived up several from Members on the other side modernization, repair, and renovation projects. to its responsibility of providing a safe, of the aisle, including one from Mr. I agree with Chairman of the Education and thorough and uniform education to all ROE, who my colleague, Mr. DREIER, Labor Committee GEORGE MILLER who said in of its citizens. mentioned in his remarks. That was support of this bill: ‘‘Especially in this econ- Certainly every child in this country ruled in order, as well as an amend- omy, with state budgets dwindling, schools deserves the opportunity to succeed. ment from the ranking member of the have fewer resources to make classrooms They deserve a safe learning environ- Education and Labor Committee. top-notch learning environments for students ment. This bill will go a long way to- So this is not a closed rule. This is a . . . No student should have to learn in a wards doing that, along with the provi- structured rule that allows for nearly classroom or school that is literally falling sions of the American Recovery and half of the amendments that have been apart.’’ I couldn’t agree more. Reinvestment Act. The American Re- offered to be considered by the full But I wonder whether there might be a bet- covery and Reinvestment Act provided House and advances in there for that ter way to address these challenges than to funding in two main areas for edu- purpose, including several that were throw even more federal dollars at the prob- cation, both operational. One was also incorporated into the chairman’s lems and add to our rapidly growing federal IDEA, special education. And my col- amendment, who has worked with debt. Mr. Speaker, I would suggest that by fully leagues on the Rules Committee will Members on both sides of the aisle to funding the Individuals with Disabilities Edu- recall we had some discussion about improve the initial piece of legislation. cation Act (IDEA), we would free up des- special ed and IDEA in committee yes- Let me focus once more on the safety perately needed resources schools across terday. I am proud to say that under issue. There is an enormous backlog of capital construction—particularly in America could use to address their specific this Congress, we have gone further needs—whether it is state of the art class- than ever as a country in meeting to- poor districts across this country—that puts the health and safety as well as rooms, additional teachers, or new textbooks. wards reaching that unfunded mandate In the Education and Labor committee last the achievement of our students at risk of making sure that the needs of all week, and again before the Rules Committee students, including special needs stu- every day. Students should be free of yesterday, I introduced an amendment that dents, are met and increasingly funded risk regardless of where in this country would prohibit the expenditure of federal funds by the Federal Government. We had a they attend school. Students have for this bill until Congress fulfills its commit- bipartisan consensus in our Rules Com- enough challenges to face. They need ment to provide 40 percent of the national av- mittee meeting yesterday, Mr. Speak- to be able to face the economic crisis, erage per pupil expenditure for special edu- er, that our Federal Government needs their family issues, preparation for col- cation. Unfortunately, partisanship prevailed, to do more with regard to funding spe- lege. The last thing students need to and members will not have the opportunity to cial education. I am very pleased to say worry about are roofs falling in, ceil- vote on my amendment. that the American Recovery and Rein- ings collapsing, floors collapsing, or as- Mr. Speaker, our nation’s schools have vestment Act was the first step. bestos. been waiting patiently for Congress to fulfill its The second area of investment was in At the same time that we can accom- promise to provide full federal funding IDEA title I programs directed to schools plish this, as my colleague from New for far too long. It is time for government to that serve low-income families and York (Mr. HALL) mentioned, we have live up to its promises and provide our schools families that face a lot of challenges the great opportunity to make some the resources they so desperately need. that others don’t. To help reduce those progress on the front by reducing our I urge my colleagues to vote against this disparities, the opportunity disparity carbon emissions and greening our rule. that exists, Colorado is a State that schools. This has, of course, beyond the Mr. HASTINGS of Washington. Mr. Speak- has a very strong equalization formula environmental benefits, which are sig- er, I rise today in opposition to this rule and for funding schools. We are very fortu- nificant, they also have economic bene- the underlying bill. nate in that regard. fits because when you save money by Yesterday the Rules Committee voted along Our poorer districts on the oper- reducing your power needs or pro- party lines to keep the House of Representa- ational side receive roughly the same ducing power locally, you are freeing tives from considering two amendments I of- funding, in fact, sometimes even more up more operational money to actually fered that would have helped school districts funding because of their at-risk cri- help educate kids, meaning lower class whose tax bases are significantly reduced by the presence of tax-exempt federal lands. teria than the wealthy districts. That sizes, meaning better teacher training, As some of you may recall, I offered the is not the case nationally. There are meaning programs that can be contin- ued or expanded because of the energy. very same amendments to H.R. 3021 last other States where there are large year, when the interests of these school dis- operational disparities between large One of the biggest complaints that I heard from districts over the last sev- tricts were also ignored by Democrats on the and small districts. Rules Committee. eral years were the rising costs of en- However, in Colorado, and indeed The bill before us today drastically expands nearly every State, there continue to ergy and utilities as part of what they the Federal Government’s role in school con- be large disparities on the capital pay as a fixed cost. By investing in the struction and maintenance—activities histori- front. That is why what passes for a capital side—and again, many districts cally funded at the State and local level—BE- school in one district would hardly don’t have the capability of doing that FORE meeting its existing responsibilities to pass for a school in another district. themselves—we are able to save oper- schools that are impacted by federal land Schools with low tax bases, with voters ational money for those school dis- ownership. that are struggling to stay in their own tricts where truly some of the mod- As I have noted before, over 33 percent of homes and are, therefore, unwilling or ernization and green investment can my district in central Washington is owned by unable to pass another bond initiative, become the gift that keeps on giving. the Federal Government—making 11 school are threatening the education of their Mr. Speaker, I am the last speaker districts eligible for Impact Aid. I know all too kids compared to some of the wealthier for this side. I would like to urge a well about the consequences of federal land districts that are able to invest in ‘‘yes’’ vote on the previous question ownership and the impact it has on the ability some of things that I had the oppor- and the rule. of schools to make needed improvements. tunity to see just last week in Boulder Mr. KLINE of Minnesota. Mr. Speaker I rise In Grand Coulee Dam, Washington, stu- Valley School District due to their own today to oppose the rule under consideration. dents attend classes in buildings more than $300 million bond initiative. By refusing to allow us to debate pertinent half a century old that are literally falling apart. amendments that address some of the many While local residents have agreed to pay one b 1115 challenges facing our public schools, this rule of the highest levies in the State of Wash- The needs, Mr. Speaker, are great. In prevents my colleagues and me from improv- ington, the school district remains unable to fact, I dare say they are greater than ing upon the good intentions of the 21st Cen- secure a bond to make improvements be- this investment that we, if the House tury Green High-Performing Public School Fa- cause the community is surrounded by federal passes this bill today, will be making. cilities Act. lands and has a limited tax base.

VerDate Nov 24 2008 03:00 May 14, 2009 Jkt 079060 PO 00000 Frm 00009 Fmt 7634 Sfmt 9920 E:\CR\FM\K13MY7.017 H13MYPT1 rfrederick on PROD1PC67 with HOUSE H5498 CONGRESSIONAL RECORD — HOUSE May 13, 2009 The Federal Government has a responsi- DeGette Kosmas Rahall Lewis (CA) Nunes Shadegg bility to ensure that no child’s education is Delahunt Kratovil Rangel Linder Olson Shimkus DeLauro Kucinich Reyes LoBiondo Paulsen Shuster shortchanged because of federal land owner- Dicks Langevin Richardson Lucas Pence Simpson ship. And in my view, it’s only fair that the Dingell Larsen (WA) Rodriguez Luetkemeyer Petri Smith (NE) Federal Government take care of federally im- Doggett Larson (CT) Ross Lummis Pitts Smith (NJ) Donnelly (IN) Lee (CA) Lungren, Daniel Platts pacted schools before launching a brand new Rothman (NJ) Smith (TX) Doyle Levin Roybal-Allard E. Poe (TX) Souder Mack Posey spending program costing billions of dollars Driehaus Lewis (GA) Ruppersberger Stearns Edwards (MD) Lipinski Manzullo Price (GA) that’s aimed at other schools that aren’t feder- Rush Sullivan Marchant Putnam Edwards (TX) Loebsack Ryan (OH) ally impacted. McCarthy (CA) Radanovich Terry Ellison Lofgren, Zoe Salazar I offered two amendments in the Rules Ellsworth Lowey McCaul Rehberg Thompson (PA) Sanchez, Loretta Engel Luja´ n McClintock Reichert Thornberry Committee yesterday. The first would have re- Sarbanes Eshoo Lynch McCotter Roe (TN) Tiahrt quired that our commitment to federally im- Schakowsky Etheridge Maffei McHenry Rogers (AL) Tiberi pacted schools be met through full funding of Farr Maloney Schauer McHugh Rogers (KY) Turner the Impact Aid program before funding is Fattah Markey (CO) Schiff McKeon Rogers (MI) Upton spent on the new federal spending program in Filner Markey (MA) Schrader McMorris Rohrabacher Walden Foster Marshall Schwartz Rodgers Rooney Wamp this bill. My second amendment would have Frank (MA) Massa Scott (GA) Mica Ros-Lehtinen Westmoreland simply given preference to federally impacted Fudge Matheson Scott (VA) Miller (FL) Roskam Whitfield schools as the new construction and mainte- Giffords Matsui Serrano Miller (MI) Royce Wilson (SC) nance funds are distributed. Gonzalez McCarthy (NY) Sestak Miller, Gary Ryan (WI) Wittman Gordon (TN) McCollum Shea-Porter Minnick Scalise Unfortunately, Democrat leaders again Wolf Grayson McDermott Sherman Moran (KS) Schmidt Young (AK) Murphy, Tim blocked both of my amendments from being Green, Al McGovern Shuler Sensenbrenner Young (FL) debated or voted on today by the full House. Green, Gene McIntyre Sires Neugebauer Sessions Griffith McMahon Skelton NOT VOTING—10 Mr. Speaker, the federal government is not Grijalva McNerney Slaughter meeting its current responsibilities to federally Gutierrez Meek (FL) Smith (WA) Cardoza Paul Schock impacted schools. As I said last year, we cer- Hall (NY) Meeks (NY) Snyder Himes Pingree (ME) Stark tainly have no business creating a brand new Halvorson Melancon Space Johnson (IL) Sa´ nchez, Linda Tanner Hare Michaud Speier Myrick T. $33 billion spending program for other Harman Miller (NC) Spratt 1145 schools—especially at a time when the federal Hastings (FL) Miller, George Stupak b deficit is at astonishing levels. Heinrich Mitchell Sutton Mr. PLATTS changed his vote from Herseth Sandlin Mollohan Tauscher Rather than passing this massive expansion Higgins Moore (KS) ‘‘yea’’ to ‘‘nay.’’ Taylor So the resolution was agreed to. of the Federal Government’s role in school Hinchey Moore (WI) Teague construction, we should refocus our efforts to- Hinojosa Moran (VA) Thompson (CA) The result of the vote was announced Hirono Murphy (CT) Thompson (MS) as above recorded. ward fulfilling existing obligations to schools Hodes Murphy (NY) Tierney A motion to reconsider was laid on and children impacted by federal actions. Holden Murphy, Patrick Titus Holt Murtha the table. I urge my colleagues to reject this restrictive Tonko Honda Nadler (NY) rule and the underlying bill. Towns f Hoyer Napolitano Tsongas Mr. POLIS. Mr. Speaker, I yield back Inslee Neal (MA) RECOGNIZING THE WINNERS OF the balance of my time and move the Israel Nye Van Hollen Vela´ zquez THE ANNUAL SHOOT-OUT AT previous question on the resolution. Jackson (IL) Oberstar THE PRINCE GEORGE’S COUNTY Jackson-Lee Obey Visclosky The previous question was ordered. (TX) Olver Walz TRAP AND SKI CLUB Wasserman The SPEAKER pro tempore. The Johnson (GA) Ortiz (Mr. BOREN asked and was given question is on the resolution. Johnson, E. B. Pallone Schultz Waters permission to address the House for 1 The question was taken; and the Kagen Pascrell Kanjorski Pastor (AZ) Watson minute.) Speaker pro tempore announced that Kaptur Payne Watt Mr. BOREN. Mr. Speaker, something the ayes appeared to have it. Kennedy Perlmutter Waxman very important occurred yesterday at Mr. LINCOLN DIAZ-BALART of Kildee Perriello Weiner Kilpatrick (MI) Peters Welch the Prince George’s County Trap and Florida. Mr. Speaker, on that I demand Kilroy Peterson Wexler Ski Club. The Congressional Sports- the yeas and nays. Kind Polis (CO) Wilson (OH) men’s Caucus along with the Congres- The yeas and nays were ordered. Kirkpatrick (AZ) Pomeroy Woolsey sional Sportsmen’s Foundation came The SPEAKER pro tempore. Pursu- Kissell Price (NC) Wu Klein (FL) Quigley Yarmuth together, Democrats and Republicans, ant to clause 8 of rule XX, this 15- to have our annual shoot-out, and the minute vote on adoption of House Res- NAYS—175 results are as follows: olution 427 will be followed by 5-minute Aderholt Cantor Gingrey (GA) The top Republican shooter was votes on the motion to suspend the Akin Capito Gohmert Adam Putnam with a score of 53; the rules on House Concurrent Resolution Alexander Carter Goodlatte top Democrat, Mike Thompson, with a 84, if ordered; and the motion to sus- Austria Cassidy Granger Bachmann Castle Graves score of 59. The top gun member was pend the rules on H.R. 2162, if ordered. Bachus Chaffetz Guthrie Colin Peterson with 65. The top skeet The vote was taken by electronic de- Barrett (SC) Coble Hall (TX) shooter was me at 19. The top trap was vice, and there were—yeas 248, nays Bartlett Coffman (CO) Harper Representative CARNEY at 21. Top Barton (TX) Cole Hastings (WA) 175, not voting 10, as follows: Biggert Conaway Heller sporting clays was Paul Ryan at 19. [Roll No. 246] Bilbray Crenshaw Hensarling But the most important, ladies and Bilirakis Culberson Herger YEAS—248 gentlemen, Democrats, 354; Repub- Bishop (UT) Davis (KY) Hill licans, 325. We have regained the tro- Abercrombie Boren Clay Blackburn Deal (GA) Hoekstra Ackerman Boswell Cleaver Blunt Dent Hunter phy again this year. Adler (NJ) Boucher Clyburn Boehner Diaz-Balart, L. Inglis f Altmire Boyd Cohen Bonner Diaz-Balart, M. Issa Andrews Brady (PA) Connolly (VA) Bono Mack Dreier Jenkins ANNOUNCEMENT BY THE SPEAKER Arcuri Braley (IA) Conyers Boozman Duncan Johnson, Sam PRO TEMPORE Baca Bright Cooper Boustany Ehlers Jones Baird Brown, Corrine Costa Brady (TX) Emerson Jordan (OH) The SPEAKER pro tempore. Without Baldwin Butterfield Costello Broun (GA) Fallin King (IA) objection, 5-minute voting will con- Barrow Cao Courtney Brown (SC) Flake King (NY) tinue. Bean Capps Crowley Brown-Waite, Fleming Kingston Becerra Capuano Cuellar Ginny Forbes Kirk There was no objection. Berkley Carnahan Cummings Buchanan Fortenberry Kline (MN) f Berman Carney Dahlkemper Burgess Foxx Lamborn Berry Carson (IN) Davis (AL) Burton (IN) Franks (AZ) Lance SUPPORTING NATIONAL MILITARY Bishop (GA) Castor (FL) Davis (CA) Buyer Frelinghuysen Latham APPRECIATION MONTH Bishop (NY) Chandler Davis (IL) Calvert Gallegly LaTourette Blumenauer Childers Davis (TN) Camp Garrett (NJ) Latta The SPEAKER pro tempore. The un- Boccieri Clarke DeFazio Campbell Gerlach Lee (NY) finished business is the question on

VerDate Nov 24 2008 03:00 May 14, 2009 Jkt 079060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\CR\FM\K13MY7.039 H13MYPT1 rfrederick on PROD1PC67 with HOUSE May 13, 2009 CONGRESSIONAL RECORD — HOUSE H5499 suspending the rules and agreeing to Kennedy Miller, Gary Schmidt b 1156 Kildee Miller, George Schock the concurrent resolution, H. Con. Res. Kilpatrick (MI) Minnick Schrader 84. ANNOUNCING THE BIRTH OF Kilroy Mitchell Schwartz JOAQUIN ESTEBAN The Clerk read the title of the con- Kind Mollohan Scott (GA) current resolution. King (IA) Moore (KS) Scott (VA) (Ms. ZOE LOFGREN of California King (NY) Moore (WI) Sensenbrenner The SPEAKER pro tempore. The Kingston Moran (KS) Serrano asked and was given permission to ad- question is on the motion offered by Kirk Moran (VA) Sessions dress the House for 1 minute.) the gentleman from Massachusetts Kirkpatrick (AZ) Murphy (CT) Sestak Ms. ZOE LOFGREN of California. Mr. Kissell Murphy (NY) Shadegg Speaker, as the Chair of the California (Mr. LYNCH) that the House suspend Klein (FL) Murphy, Patrick Shea-Porter the rules and agree to the concurrent Kline (MN) Murphy, Tim Sherman Democratic delegation, I yield to our resolution, H. Con. Res. 84. Kosmas Murtha Shimkus colleague for a happy announcement. Kratovil Nadler (NY) Shuler The question was taken. Ms. LORETTA SANCHEZ of Cali- Kucinich Napolitano Shuster fornia. Mr. Speaker, I would like to an- The SPEAKER pro tempore. In the Lamborn Neal (MA) Simpson opinion of the Chair, two-thirds being Lance Neugebauer Sires nounce that at 9:13 a.m. this morning I Langevin Nunes Skelton ´ in the affirmative, the ayes have it. became an aunt. LINDA SANCHEZ, one of Larsen (WA) Nye Slaughter our colleagues, of course, my sister, Mr. POLIS. Mr. Speaker, on that I Larson (CT) Oberstar Smith (NE) and her husband, Jim Sullivan, gave demand the yeas and nays. Latham Obey Smith (NJ) LaTourette Olson Smith (TX) birth to a baby boy, 7 pounds, 14.6 The yeas and nays were ordered. Latta Olver Smith (WA) ounces; and his name is Joaquin The SPEAKER pro tempore. This is a Lee (CA) Ortiz Snyder Esteban. 5-minute vote. Lee (NY) Pallone Souder Levin Pascrell Space And I would just add that both moth- The vote was taken by electronic de- Lewis (CA) Pastor (AZ) Speier er and child are doing great. I just vice, and there were—yeas 421, nays 0, Lewis (GA) Paulsen Spratt spoke to my mom, who’s in town; so not voting 12, as follows: Linder Payne Stearns Lipinski Pence Stupak we’re pretty excited. Thank you. [Roll No. 247] LoBiondo Perlmutter Sullivan f YEAS—421 Loebsack Perriello Sutton Lofgren, Zoe Peters Tauscher ANNOUNCEMENT BY THE SPEAKER Abercrombie Carney Fortenberry Lowey Peterson Taylor Ackerman Carson (IN) Foster Lucas Petri Teague PRO TEMPORE Aderholt Carter Foxx Luetkemeyer Pingree (ME) Terry The SPEAKER pro tempore. Without Adler (NJ) Cassidy Frank (MA) Luja´ n Pitts Thompson (CA) Akin Castle Franks (AZ) Lummis Platts Thompson (MS) objection, 5-minute voting will con- Alexander Castor (FL) Frelinghuysen Lungren, Daniel Poe (TX) Thompson (PA) tinue. Altmire Chaffetz Fudge E. Polis (CO) Thornberry There was no objection. Andrews Chandler Gallegly Lynch Pomeroy Tiahrt Arcuri Childers Garrett (NJ) Mack Posey Tiberi f Austria Clarke Gerlach Maffei Price (NC) Tierney Baca Clay Giffords Maloney Putnam Titus HERBERT A LITTLETON POSTAL Bachmann Cleaver Gingrey (GA) Manzullo Quigley Tonko STATION Bachus Clyburn Gohmert Marchant Rahall Towns Baird Coble Gonzalez Markey (CO) Rangel Tsongas The SPEAKER pro tempore. The un- Baldwin Coffman (CO) Goodlatte Markey (MA) Rehberg Turner finished business is the question on Barrett (SC) Cohen Gordon (TN) Marshall Reichert Upton Barrow Cole Granger Massa Reyes Van Hollen suspending the rules and passing the Bartlett Conaway Graves Matheson Richardson Vela´ zquez bill, H.R. 2162. Barton (TX) Connolly (VA) Grayson Matsui Rodriguez Visclosky The Clerk read the title of the bill. Bean Conyers Green, Al McCarthy (CA) Roe (TN) Walden The SPEAKER pro tempore. The Becerra Cooper Green, Gene McCarthy (NY) Rogers (AL) Walz Berkley Costa Griffith McCaul Rogers (KY) Wamp question is on the motion offered by Berman Costello Grijalva McClintock Rogers (MI) Wasserman the gentleman from Massachusetts Berry Courtney Guthrie McCollum Rohrabacher Schultz (Mr. LYNCH) that the House suspend Biggert Crenshaw Gutierrez McCotter Rooney Waters Bilbray Crowley Hall (NY) McDermott Ros-Lehtinen Watson the rules and pass the bill, H.R. 2162. Bilirakis Cuellar Hall (TX) McGovern Roskam Watt The question was taken. Bishop (GA) Culberson Halvorson McHenry Ross Waxman The SPEAKER pro tempore. In the Bishop (NY) Cummings Hare McHugh Rothman (NJ) Weiner opinion of the Chair, two-thirds being Bishop (UT) Dahlkemper Harman McIntyre Roybal-Allard Welch Blackburn Davis (AL) Harper McKeon Royce Westmoreland in the affirmative, the ayes have it. Blumenauer Davis (CA) Hastings (FL) McMahon Ruppersberger Wexler RECORDED VOTE Blunt Davis (IL) Hastings (WA) McMorris Rush Whitfield E Boccieri Davis (KY) Heinrich Rodgers Ryan (OH) Wilson (OH) Ms. D GETTE. Mr. Speaker, I de- Boehner Davis (TN) Heller McNerney Ryan (WI) Wilson (SC) mand a recorded vote. Bonner DeFazio Hensarling Meek (FL) Salazar Wittman A recorded vote was ordered. Bono Mack DeGette Herger Melancon Sanchez, Loretta Wolf The SPEAKER pro tempore. This is a Boozman Delahunt Herseth Sandlin Mica Sarbanes Woolsey Boren DeLauro Higgins Michaud Scalise Wu 5-minute vote. Boswell Dent Hill Miller (FL) Schakowsky Yarmuth The vote was taken by electronic de- Boucher Diaz-Balart, L. Hinchey Miller (MI) Schauer Young (AK) vice, and there were—ayes 420, noes 0, Boustany Diaz-Balart, M. Hinojosa Miller (NC) Schiff Young (FL) Boyd Dicks Hirono not voting 13, as follows: Brady (PA) Dingell Hodes NOT VOTING—12 [Roll No. 248] Brady (TX) Doggett Hoekstra Cardoza Myrick Sa´ nchez, Linda Braley (IA) Donnelly (IN) Holden AYES—420 Deal (GA) Bright Doyle Holt Paul T. Himes Abercrombie Bean Boren Broun (GA) Dreier Honda Price (GA) Stark Johnson (IL) Ackerman Becerra Boswell Brown (SC) Driehaus Hoyer Radanovich Tanner Meeks (NY) Aderholt Berkley Boucher Brown, Corrine Duncan Hunter Adler (NJ) Berman Boustany Brown-Waite, Edwards (MD) Inglis So (two-thirds being in the affirma- Akin Berry Boyd Ginny Edwards (TX) Inslee Alexander Biggert Brady (PA) Buchanan Ehlers Israel tive) the rules were suspended and the Altmire Bilbray Brady (TX) Burgess Ellison Issa concurrent resolution was agreed to. Andrews Bilirakis Braley (IA) Burton (IN) Ellsworth Jackson (IL) The result of the vote was announced Arcuri Bishop (GA) Bright Butterfield Emerson Jackson-Lee as above recorded. Austria Bishop (NY) Broun (GA) Buyer Engel (TX) Baca Bishop (UT) Brown (SC) Calvert Eshoo Jenkins A motion to reconsider was laid on Bachmann Blackburn Brown, Corrine Camp Etheridge Johnson (GA) the table. Bachus Blumenauer Brown-Waite, Campbell Fallin Johnson, E. B. Baird Blunt Ginny Cantor Farr Johnson, Sam Stated for: Baldwin Boccieri Buchanan Cao Fattah Jones Mr. PRICE of Georgia. Mr. Speaker, on roll- Barrett (SC) Boehner Burgess Capito Filner Jordan (OH) call No. 247 I was unavoidably detained for Barrow Bonner Burton (IN) Capps Flake Kagen Bartlett Bono Mack Butterfield Capuano Fleming Kanjorski constituent matters. Had I been present, I Barton (TX) Boozman Calvert Carnahan Forbes Kaptur would have voted ‘‘yea.’’

VerDate Nov 24 2008 03:09 May 14, 2009 Jkt 079060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\CR\FM\K13MY7.021 H13MYPT1 rfrederick on PROD1PC67 with HOUSE H5500 CONGRESSIONAL RECORD — HOUSE May 13, 2009 Camp Guthrie McCotter Scott (VA) Stearns Walden XVIII, the Chair declares the House in Campbell Gutierrez McDermott Sensenbrenner Stupak Walz the Committee of the Whole House on Cantor Hall (NY) McGovern Serrano Sullivan Wamp Cao Hall (TX) McHenry Sessions Sutton Wasserman the State of the Union for the consider- Capito Halvorson McHugh Sestak Tauscher Schultz ation of the bill, H.R. 2187. Capps Hare McIntyre Shadegg Taylor Waters Capuano Harman McKeon Shea-Porter Teague Watson b 1205 Sherman Terry Cardoza Harper McMahon Watt IN THE COMMITTEE OF THE WHOLE Carnahan Hastings (FL) McMorris Shimkus Thompson (CA) Waxman Shuler Thompson (MS) Accordingly, the House resolved Carney Hastings (WA) Rodgers Weiner Shuster Thompson (PA) Carson (IN) Heinrich McNerney Welch itself into the Committee of the Whole Simpson Thornberry Carter Heller Meek (FL) Westmoreland House on the State of the Union for the Sires Tiahrt Cassidy Hensarling Meeks (NY) Wexler consideration of the bill (H.R. 2187) to Castle Herger Melancon Skelton Tiberi Whitfield Castor (FL) Herseth Sandlin Mica Slaughter Tierney direct the Secretary of Education to Wilson (OH) Chaffetz Higgins Michaud Smith (NE) Titus make grants to State educational Wilson (SC) Chandler Hill Miller (FL) Smith (NJ) Tonko Wittman agencies for the modernization, renova- Childers Hinchey Miller (MI) Smith (TX) Towns Wolf tion, or repair of public school facili- Clarke Hinojosa Miller (NC) Smith (WA) Tsongas Woolsey Clay Hirono Miller, Gary Snyder Turner ties, and for other purposes, with Mr. Cleaver Hodes Miller, George Souder Upton Wu HOLDEN in the chair. Clyburn Hoekstra Minnick Space Van Hollen Yarmuth The Clerk read the title of the bill. ´ Coble Holden Mitchell Speier Velazquez Young (AK) The CHAIR. The gentleman from Coffman (CO) Holt Mollohan Spratt Visclosky Young (FL) California (Mr. GEORGE MILLER) and Cohen Honda Moore (KS) NOT VOTING—13 Cole Hoyer Moore (WI) the gentleman from California (Mr. Conaway Hunter Moran (KS) Buyer Myrick Schauer MCKEON) each will control 30 minutes. Connolly (VA) Inglis Moran (VA) Himes Paul Schwartz The Chair recognizes the gentleman Conyers Inslee Murphy (CT) Johnson (IL) Radanovich Stark ´ from California (Mr. GEORGE MILLER). Cooper Israel Murphy (NY) Lamborn Sanchez, Linda Tanner Costa Issa Murphy, Patrick McCaul T. Mr. GEORGE MILLER of California. Mr. Chairman, I yield 3 minutes to the Costello Jackson (IL) Murphy, Tim ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Courtney Jackson-Lee Murtha gentleman from Iowa (Mr. LOEBSACK), Crenshaw (TX) Nadler (NY) The SPEAKER pro tempore (during the vote). There are 2 minutes remain- who has been a driving force behind Crowley Jenkins Napolitano this legislation and one of the original Cuellar Johnson (GA) Neal (MA) ing until the end of this vote. Culberson Johnson, E. B. Neugebauer cosponsors of this legislation. Cummings Johnson, Sam Nunes b 1204 Mr. LOEBSACK. Mr. Chairman, I am Dahlkemper Jones Nye very happy to have had the oppor- Davis (AL) Jordan (OH) Oberstar So (two-thirds being in the affirma- Davis (CA) Kagen Obey tive) the rules were suspended and the tunity to work on the 21st Century Davis (IL) Kanjorski Olson bill was passed. Green High-Performing School Facili- Davis (KY) Kaptur Olver The result of the vote was announced ties Act with Mr. CHANDLER, Chairman Davis (TN) Kennedy Ortiz MILLER and, especially, subcommittee Deal (GA) Kildee Pallone as above recorded. DeFazio Kilpatrick (MI) Pascrell A motion to reconsider was laid on Chairman KILDEE. DeGette Kilroy Pastor (AZ) the table. Last year, when we considered a Delahunt Kind Paulsen f similar version of this legislation, I DeLauro King (IA) Payne had the great opportunity to include Dent King (NY) Pence PERSONAL EXPLANATION Diaz-Balart, L. Kingston Perlmutter many of the provisions of my Public Diaz-Balart, M. Kirk Perriello Mrs. MYRICK. Mr. Speaker, due to illness, School Repair and Renovation Act and Dicks Kirkpatrick (AZ) Peters I was unable to participate in the following the GREEN School Improvement Act Dingell Kissell Peterson into the underlying bill, and I am glad Doggett Klein (FL) Petri votes. If I had been present, I would have Donnelly (IN) Kline (MN) Pingree (ME) voted as follows: that the bill that we introduced this Doyle Kosmas Pitts MAY 13, 2009 year also contains those provisions. Dreier Kratovil Platts Rollcall vote 246, on agreeing to the resolu- I am especially proud of this bill’s Driehaus Kucinich Poe (TX) focus on the importance of greening Duncan Lance Polis (CO) tion—H. Res. 427, providing for consideration Edwards (MD) Langevin Pomeroy of H.R. 2187, the 21st Century Green High- schools. Many schools in my district Edwards (TX) Larsen (WA) Posey Performing Public School Facilities Act—I and across the State and, indeed, Ehlers Larson (CT) Price (GA) across the country have already begun Ellison Latham Price (NC) would have voted ‘‘nay.’’ Ellsworth LaTourette Putnam Rollcall vote 247, on motion to suspend the to go green. For example, the Cardinal Emerson Latta Quigley rules and agree—H. Con. Res. 84, Supporting Community School District has a wind- Engel Lee (CA) Rahall the goals and objectives of a National Military powered classroom that I visited that Eshoo Lee (NY) Rangel saves energy and gives students hands- Etheridge Levin Rehberg Appreciation Month—I would have voted Fallin Lewis (CA) Reichert ‘‘yea.’’ on experience in an emerging industry. Farr Lewis (GA) Reyes Rollcall vote 248, on motion to suspend the The Cedar Rapids Community School Fattah Linder Richardson rules and pass—H.R. 2162, Herbert A Littleton District is also making large strides to- Filner Lipinski Rodriguez wards more energy-efficient facilities. Flake LoBiondo Roe (TN) Postal Station—I would have voted ‘‘yea.’’ Kennedy High School, Taft Middle Fleming Loebsack Rogers (AL) f Forbes Lofgren, Zoe Rogers (KY) School, Harding Middle School, Jeffer- Fortenberry Lowey Rogers (MI) GENERAL LEAVE son High School, and Washington High Foster Lucas Rohrabacher Foxx Luetkemeyer Rooney Mr. GEORGE MILLER of California. School are all looking at geothermal Frank (MA) Luja´ n Ros-Lehtinen Mr. Speaker, I ask unanimous consent systems. Franks (AZ) Lummis Roskam that all Members may have 5 legisla- The Elizabeth Tate High School in Frelinghuysen Lungren, Daniel Ross Iowa City has also taken several im- Fudge E. Rothman (NJ) tive days in which to revise and extend Gallegly Lynch Roybal-Allard their remarks and insert extraneous portant strides towards greening their Garrett (NJ) Mack Royce material on H.R. 2187 into the RECORD. facilities and have specifically focused Gerlach Maffei Ruppersberger The SPEAKER pro tempore. Is there on the benefits of natural lighting for Giffords Maloney Rush Gingrey (GA) Manzullo Ryan (OH) objection to the request of the gen- their students with disabilities. Other Gohmert Marchant Ryan (WI) tleman from California? schools in my district that are going Gonzalez Markey (CO) Salazar There was no objection. green include Evans Middle School, Goodlatte Markey (MA) Sanchez, Loretta Willowwind School, and Van Allen Ele- Gordon (TN) Marshall Sarbanes f mentary School, and I visited almost Granger Massa Scalise 21ST CENTURY GREEN HIGH-PER- Graves Matheson Schakowsky all of those. Grayson Matsui Schiff FORMING PUBLIC SCHOOL FA- These schools all know that even Green, Al McCarthy (CA) Schmidt CILITIES ACT while they struggle to find funding for Green, Gene McCarthy (NY) Schock Griffith McClintock Schrader The SPEAKER pro tempore. Pursu- their projects, their school moderniza- Grijalva McCollum Scott (GA) ant to House Resolution 427 and rule tion efforts will lead to increased

VerDate Nov 24 2008 01:54 May 14, 2009 Jkt 079060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\A13MY7.015 H13MYPT1 rfrederick on PROD1PC67 with HOUSE May 13, 2009 CONGRESSIONAL RECORD — HOUSE H5501 health, learning ability, and produc- and the States. I know in my State the me that that jail was in better shape tivity. State has stepped up and is a big part than some of the schools in which they I truly believe the Federal Govern- of school construction. That’s vitally work hard every day. ment should help provide schools in important. We try to keep our schools Last Congress, we passed this bill out Iowa and across the country with seed up with local taxpayers’ dollars. of the House with strong bipartisan money, and that’s what this is, seed The Federal Government has as- support. I am confident that we will do money, to leverage local dollars, to signed roles dealing with certain things the same today, and I look forward to modernize, repair, and renovate. that we already do that we are not working with my colleague to see it be- I am proud that this legislation does really living up to as fully as we come law. just that, and I urge my colleagues to should, try as we might. My judgment Mr. MCKEON. Mr. Chair, I rise in op- support it. is, if we start this program, you are position to H.R. 2187 and yield myself Mr. MCKEON. Mr. Chairman, I yield going to see an increase in requests for such time as I may consume. such time as he may consume to the school construction that is going to Mr. Chair, there is a trend here that subcommittee ranking member, the blow everything out of the water, prob- troubles me. Over the past few months, gentleman from Delaware (Mr. CAS- ably a tripling and a quadrupling in a the Federal Government has stepped in TLE). year, if I had to guess. All kinds of to take control of more and more in- Mr. CASTLE. I thank you very much, schools that believe they are okay now dustries in America. So far these have Mr. MCKEON, for the time. are going to find, gee, there’s Federal included the banking industry, the Mr. Chairman, let me just talk about dollars to be had. We will put together auto industry, and the credit industry. the positives about this for a moment. a green energy program, make an ap- And there is talk of the Federal Gov- We all believe in school construction. plication for it, and you are going to ernment becoming even more involved We all believe that our children should see the demand triple and quadruple in in other areas, too. These include the be able to attend the best school facili- a period of a year or so, in my belief. health care industry and possibly the ties we can possibly provide, and I hap- So I think we need to consider seri- student loan industry. Today we are considering H.R. 2187, pen to believe in the green energy as- ously what we are doing. Again, we are the 21st Century Green High-Per- pect as well. I give Mr. LOEBSACK cred- all for this. I can’t imagine anyone who forming School Facilities Act. This is a it. I give Mr. MILLER credit for that. would be opposed to it conceptually. bill that would get the Federal Govern- But there is another factor here that But can we afford to add another edu- ment involved in yet one more indus- I think we need to consider before we cation program that’s going to be un- try, school construction. go forward with legislation such as derfunded? this, and this is where we are finan- And that says nothing about the b 1215 cially in this country today. I had an overall deficit of our country. We have Little by little, the Federal Govern- amendment, which was not approved seen reports in the last day or two that ment is becoming more involved in by the Rules Committee. There was an- this deficit is the highest that we have people’s lives than ever before—and other amendment, also not approved by ever had. that’s just the start of this bill’s con- the Rules Committee, and mine would This administration has indicated cerns. have dealt with funding title I fully. it’s more than willing to spend money, First, there’s the cost. Based on the That’s to help the lower, the schools but how are we going to get the reve- Congressional Budget Office estimates, with lower-income students in it. nues to offset that? And now we are it’s predicted that this bill will cost We now fund that at $13.9 billion, I going to add a new program that we taxpayers $40 billion—and that’s just think, and the authorization is $25 bil- simply, unfortunately, cannot afford at the start. And $40 billion may not seem lion. This has been underfunded forever this time. like much in these days of multibil- under the previous Democratic Con- So for all these reasons, I would hope lion-dollar bailouts and trillion-dollar gress, under the Republican Congress, that we would think carefully before Federal budgets, but all of this new and now under the Democratic Con- we would advance this legislation, a spending pushes our country further gress again. So we simply have not good cause but unaffordable at this and further into debt. lived up to our promise to these time for this country. This week, the Obama administra- schools to bring in money to help with Mr. GEORGE MILLER of California. tion estimated that the United States their education. At this time, I would like to yield 3 has a deficit of $1.84 trillion this year The same thing is true of IDEA, the minutes to the subcommittee Chair, alone. When I came to Congress, the Individuals with Disabilities Education Mr. KILDEE, who is the original sponsor whole budget 16 years ago was $1.4 tril- Act. And, yes, we have increased that of this legislation. lion. This year, the deficit alone will somewhat. As a percentage, we are sup- Mr. KILDEE. I thank the gentleman exceed that. posed to be up to 40 percent. I don’t for yielding. The national debt is now about $11 think we have reached quite the half- Mr. Chairman, I rise in strong sup- trillion—and growing. We could update way point yet with respect to that. port of the 21st Century Green High- it during the course of this debate be- And, again, that has crossed a lot of Performing School Facilities Act. cause it’s growing by the minute—and Congresses, a lot of Presidents, and we I was very pleased to join Congress- thanks to bills like this one. can point fingers at one another. There man CHANDLER, the chief sponsor of We need to get the Federal budget are Members on both sides who tried to this bill, my committee chairman, under control. If we don’t, the children help with that, many good Democrats Chairman MILLER, and Congressman we’re trying to help today will spend and many good Republicans, but the LOEBSACK, an effective and creative the rest of their lives paying off our bottom line is we have not funded member of the Education and Labor debts and deficits—instead of paying those programs adequately. Committee, to cosponsor this bill. for their own dreams and destinies. Obviously low-income schools and This legislation will bring critically But this bill has other costs that go children with disabilities need all the needed resources to schools around the far beyond the balance sheet, if passed. help they can possibility get, and yet country, to provide students and teach- This bill could divert important fund- we are starting a new program today, ers with safe, healthy, modern energy- ing from the title I program for dis- and I believe the authorization is some- efficient and environmentally friendly advantaged students and for those pro- thing like $40 billion or something of learning spaces. And it would help our grams under the Individuals with Dis- that nature in this. We won’t live up to local, State, and national economies by abilities Education Act, or IDEA. that. We won’t be able to live up to it. creating jobs for thousands of workers This is a serious blow, especially So this is good headlining, The Public to build these improvements. after the Obama administration’s budg- Government to Help with Schools. Mr. Chairman, some years ago in et failed to increase support for these School construction has been the re- Flint, Michigan, my hometown, a judge programs. In fact, under the adminis- sponsibility of local school districts ordered a jail to be torn down because tration’s budget, IDEA is flat-funded, and, of course, the surrounding prop- it was unfit for human occupation, yet keeping the Federal share of excess erties that may pay the taxes for that many local educators at that time told costs at just 17 percent.

VerDate Nov 24 2008 01:54 May 14, 2009 Jkt 079060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\CR\FM\K13MY7.026 H13MYPT1 rfrederick on PROD1PC67 with HOUSE H5502 CONGRESSIONAL RECORD — HOUSE May 13, 2009 And, worse still, the title I basic LOEBSACK, and all of our cosponsors balance their budgets, so we at the grant is actually cut by $1.5 billion. and committee members for their work Federal level should start funding this The administration is redirecting those on this legislation. construction to make up for their funds elsewhere, leaving 1,038 school Mr. Chairman, we have the mightiest shortfalls. districts—those that receive funds only military in the world. We enjoy some At home, where I was a mayor, I had under the basic grant—with less money of the most comprehensive freedoms a very simple philosophy: Spend less next year than they have this year. and we have some of the world’s best than you take in. Here in Washington, Republicans think we should meet and brightest students who possess un- we have a different philosophy: Borrow our existing commitments to these two limited potential. more than we take, then spend it. vital programs and maintain the Fed- But today, many of our children are At a time of record deficits, I believe eral focus on programs that improve learning in crowded classrooms with the Federal Government should act student achievement. States and local lead and asbestos, falling plaster, bro- more like our State and local officials, communities—not Federal bureau- ken windows, outdated technology, and many of whom are setting priorities crats—have the primary responsibility crumbling infrastructure. and trying to fund programs to get the to set public policy over education. Where children learn has a large im- most bang to their buck. Federal law should reflect that. pact on what they learn. The U.S. De- Some communities, like Johnson And here’s another cost problem. partment of Education tells us that City, Tennessee, where I was mayor be- Like other Federal construction modern, functional school facilities are fore coming to Washington, are invest- projects, this new program carries the critical for effective student learning. ing their own resources in school con- burden of Davis-Bacon wage mandates In 1995, the GAO found that schools struction. We were just able to fund $50 from the Depression era. Davis-Bacon were in desperate need of repairs total- million worth of improvements because has been shown to drive up the cost of ing $112 billion. Over a decade later, we we acted in a fiscally responsible man- school construction projects between 22 can be sure that the need is much, ner balancing budgets—and we now percent and 26 percent when compared much greater. have a surplus. Other communities to similar projects completed under Each day, we’re competing on a glob- have chosen to put off these needs market conditions. That’s money that al stage with countries like India and while they weather this economic cri- could otherwise go toward putting ad- China that are pouring billions of dol- sis. ditional teachers in the classrooms. lars into educating their children. In- I think it speaks volumes when com- The Labor Department’s own Inspec- vesting in the education of our children munities collectively decide that other tor General has found these wage re- at home is the key to staying in the programs are more of a priority to stu- quirements to be flawed. They short- game. dent achievement than school con- change either taxpayers, workers—or If we want to brighten the future of struction, yet we at the Federal level both. the next generation, we have to invest are making just the opposite deter- That’s not all. These wage mandates in our children. If we want to ensure mination. It seems to me that if we create regulatory hurdles that make it America’s competitiveness on the want to do something that will really hard for smaller contractors, many world stage, we have to invest in our help students, we’d be better off with owned by minorities and women, to children. If we want to create jobs, if funding the IDEA and No Child Left win Federal contracts. we want to save energy, and if we want Behind programs, which are proven to Mr. Chair, I cannot support this bill. to support our most crucial economic boost student achievement. I know that my friend and colleagues resource, we have to invest in our chil- I appreciate what both sides are across the aisle are sincere in their ef- dren. doing—and everyone wants to improve forts to improve the schools, as I am. I Today, I urge all of my colleagues to the education level. I urge a ‘‘no’’ vote know there’s a need for school con- vote ‘‘yes’’ on this legislation. Our on this legislation. struction and renovation. I also know children cannot wait any longer. Mr. GEORGE MILLER of California. that this must continue to be dealt Mr. MCKEON. Mr. Chairman, I’m I yield 2 minutes to the subcommittee with at the State and local level, where happy at this time to yield 3 minutes Chair of the Education and Labor Com- more than $144 billion has been spent to a member of the committee, the mittee, the gentleman from New Jer- to build, repair, and renovate schools gentleman from Tennessee (Mr. ROE). sey (Mr. ANDREWS). just over the last 7 years. Mr. ROE of Tennessee. I rise today in (Mr. ANDREWS asked and was given This bill creates more problems than opposition to the legislation. School permission to revise and extend his re- it solves. It costs too much, it borrows construction is being billed as some- marks.) too much, and it controls too much. thing that can dramatically improve Mr. ANDREWS. I’d like to thank my That troubles me and, I hope, other student performance and, while it will friend, the chairman, for yielding. I Members in this Chamber. I urge a have an effect, I would guess it would rise in support of the legislation. ‘‘no’’ vote on this bill. impact the performance less than pa- This is really more than just a bill I reserve the balance of my time. rental involvement, less than having a about modernization and repair of Mr. GEORGE MILLER of California. quality teacher, and less than having schools. It’s a bill that helps address a I yield 3 minutes to the original author good textbooks and curricula. number of the chronic and substantial of this legislation, who has been push- Since arriving in Washington, all I’ve problems that face our country. One is ing school construction legislation for heard is that programs are dramati- unemployment. a number of years, the gentleman from cally underfunded, so I question why This bill will create jobs for workers Kentucky (Mr. CHANDLER). we would add a new program to fund who will go about the process of fixing Mr. CHANDLER. Thank you, Mr. that could divert more resources from these schools and repairing them. Sec- Chairman. I am very proud to be here these other programs. ond, the bill creates a model for the today to urge passage of the 21st Cen- I was personally educated in a two- construction and renovation of facili- tury Green High-Performing Public room country school with no running ties that will save energy, that will re- School Facilities Act, which authorizes water, no indoor plumbing. I think my duce our carbon footprint, reduce pol- $6.4 billion to help renovate and mod- parents placing a high value on edu- lution, and make our country greener. ernize our schools. cation had far more to do with my suc- Third, this bill will help local edu- This bill, in my view, is a home run. cess in the classroom than the condi- cation agencies—schools—by freeing up It will give much needed money to our tion of my school did. dollars they would otherwise have to schools’ struggle with huge budget In our debate yesterday before the spend on repairs, making those dollars deficits and deteriorating facilities Rules Committee, we were discussing available for the programs that edu- while encouraging energy efficiency the merits of Federal involvement in cate the young people who attend those and creating jobs for Americans that school construction. The point was schools. cannot be shipped overseas. made that State and local officials are This is a bill that is not simply about I’d like to thank Chairman MILLER, being forced to cut back on school con- the very desirable work of installing subcommittee Chairman KILDEE, Mr. struction because they’re required to insulation or energy efficient windows

VerDate Nov 24 2008 01:54 May 14, 2009 Jkt 079060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\CR\FM\K13MY7.033 H13MYPT1 rfrederick on PROD1PC67 with HOUSE May 13, 2009 CONGRESSIONAL RECORD — HOUSE H5503 or green technology. It’s really about system just reported yesterday that Ramsey’s advice and live on a little addressing in an important way our un- Medicare is exhausted, Mr. Chair—in 96 beans and rice and don’t spend money employment problem, our energy prob- months. we don’t have, Mr. Speaker; and let’s lem, and our education indication prob- This is an urgent, critical emergency. just stick with the fundamentals that lem, and we are giving students a bet- The United States of America needs to these great men and women left for us, ter environment in which to learn. follow Dave Ramsey’s advice and live this great Nation, this great treasure, I’m hopeful that this legislation will on a little beans and rice. Focus on the this great trust we all have. provide a benchmark against which fu- fundamentals. This stuff isn’t com- Let’s not destroy the financial sol- ture efforts can be measured. It makes plicated. vency of this Nation by continuing to expand the power and scope of the Fed- great sense. It’s something that should b 1230 achieve support on both sides of the eral Government into areas it was aisle. We are in this magnificent Chamber never intended at a time of critical fi- I would urge a ‘‘yes’’ vote. surrounded by the greatest minds in nancial emergency, when a mere 96 Mr. MCKEON. Mr. Chairman, I’m the history of the civilized world. I months from now Medicare payments happy at this time to yield such time look here at a portrait of my hero, run out. We can do something about it, as he may consume to the gentleman Thomas Jefferson, and of George but it takes action today. It is some- from Texas (Mr. CULBERSON). Mason. My hero, Mr. Jefferson, liked to thing we can all do together as Ameri- Mr. CULBERSON. Thank you, Mr. say that if you apply core constitu- cans to make sure our kids do not in- MCKEON. I would like to build a new tional principles, the knot will always herit a debt they cannot afford to extension on my house, Mr. Chair. I’d untie itself. repay. like to have a lot of things, but cannot Here today Congress needs to focus I am proud to join my colleague Mr. afford it. All of us as individual Ameri- on the fundamentals, keeping America MCKEON and the Republican—excuse cans in our private life and business on a path to financial security and sol- me, conservative members of the mi- life live within our means. vency. It is not complicated. Let us fol- nority. I am going to try to avoid say- As the gentleman from Tennessee low Mr. Jefferson’s wisdom, follow the ing party labels. I think it is too im- said so eloquently, our local and State Constitution and the separation of portant at a time of national emer- governments must operate within bal- powers, and limit the Federal Govern- gency. We need to focus on no new anced budget requirements. They must ment to those functions set out in the debt, no new taxes, no new spending. I live within their means. They don’t Constitution. At a time of critical fi- am going to quit saying Republican or build facilities or operate programs nancial emergency, when literally Democrat. It is being fiscally conserv- that they cannot afford to pay for. And Medicare payments will stop in 96 ative and responsible. I am proud to the Federal Government is at a pivotal months, let’s focus on the fundamen- join the fiscally conservative and re- moment in the history of this Nation. tals, America. Congress needs to quit sponsible members of the minority who This new leadership in Congress, the spending money; no new taxes, no new are ready to lead this Nation back into new liberal leadership here in the Con- debt, no new spending, and save our solvency in opposing this utterly irre- gress, our new President has, as Mr. children from being buried in a moun- sponsible liberal piece of legislation. Mr. GEORGE MILLER of California. MCKEON said so well, taken over and tain of debt that they cannot pay. nationalized huge segments of the This is a noble purpose, but we can- I yield 3 minutes to the gentleman banking industry, the automobile in- not afford it, anymore than I can afford from New Jersey (Mr. PASCRELL), a dustry, the insurance industry, the to build an extension on my house. I great supporter of this legislation. Mr. PASCRELL. Mr. Chairman, I rise mortgage industry. And here today, cannot borrow money to pay off bor- today in strong support of H.R. 2187, this leadership has presented to the rowed money. That is what this bill, what this Congress, what this liberal the 21st Century Green High-Per- Congress, to the Nation, for the first forming Public School Facilities Act. leadership has been doing since Janu- time, the Federal Government is going My friend from Texas, I think he is ary when we all got sworn in, spent to get into the school construction still my friend, my friend from Texas business. more money in less time than any Con- would have to admit that we already At a time of record debt, at a time gress in history. have a sucking sound and that is we when the Nation must focus on its fun- I am not playing favorites. I voted have been sucked into waste after damental financial security, we are against $2.3 trillion of new spending waste after waste, which is costing us a stepping into an area where the Fed- under George Bush. I have already tremendous amount of money, and this eral Government has never really gone voted against $1.6 trillion of new spend- is preventible in the 21st century. I ing under this bunch. This cannot be before. want to thank Congressman CHANDLER The bill, section 1, reading from the sustained. We are living on borrowed for sponsoring this critical legislation, money. These Treasury bonds are being bill, Mr. Chair, page 5, ‘‘Grants under and Chairman MILLER, of course, for this title shall be for the purpose of bought by foreign investors and foreign his leadership on the entire issue. modernizing, renovating, or repairing national sovereign wealth funds that Most of the students in this country public school facilities, based on their our kids are going to have to repay. attend a school that was built over half need.’’ Absolutely noble purpose. But This isn’t complicated. Let’s get a century ago; in my district it is even we cannot afford it. back to the fundamentals. As Mr. Jef- worse than that, complete with leaky Page 10, section 103, ‘‘Allowable uses ferson said, the knot will always untie roofs and faulty electric. You can’t just of funds. A local education agency re- itself, if we will only follow the Con- shove this off to the side saying it is ceiving a grant under this title shall stitution. There is nowhere in the Con- trivial and unimportant. This is out- use the grant for modernization, ren- stitution that it is authorized for the dated technology which is costing us ovation, or repair of public school fa- Federal Government to get into the millions, in fact billions, of dollars. cilities.’’ And a long list—repairing, re- business of school construction. This This legislation would provide the placing, installing roofs, walls, plumb- will literally become a bottomless pit, dollars and grants for fiscal year 2010 ing systems, et cetera. This is a bot- Mr. Speaker. to local school districts so that they tomless pit. I am, as every Member of Congress, can make the repairs, provide the mod- Ross Perot’s famous phrase, ‘‘a giant as committed as anyone to making ernization, and green their facilities so sucking sound.’’ We’re going to hear a sure our local schools are well built that our kids can learn in safe, modern, giant sucking sound out of the United and maintained and our kids have a well-equipped and environmentally States Treasury paying for utterly end- safe environment that is a good place friendly school facilities. Many of less repairs and construction of local for them to get an education. But let these schools are not safe, and the school buildings while we could use that be done by the local and State States don’t have the money, local this $40 billion just in southeast Texas. governments who are best suited to do communities don’t have the money to In 8 years, Medicare is exhausted. Let it, who know the needs better than make them safe. This is not acceptable that sink in. In 96 months, the trustees anyone else, and will pay as they go. to anybody, regardless of which side of of the Social Security and Medicare And let us in Congress follow Dave the aisle you are on.

VerDate Nov 24 2008 01:54 May 14, 2009 Jkt 079060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\CR\FM\K13MY7.034 H13MYPT1 rfrederick on PROD1PC67 with HOUSE H5504 CONGRESSIONAL RECORD — HOUSE May 13, 2009 The legislation builds on the prin- how engaged those students are in highest expenditure of schools after ciples of the American Recovery and their school and in learning about their personnel costs, and I am pleased to Reinvestment Act. It will create 100,000 environment. The school itself creates say that that legislation has been in- new jobs in making these places safer, a sense of pride in the students and corporated in this bill before us today. in making them more cost efficient. keeps them excited about learning. The bill will provide $6.4 billion for Joe Zarra, the superintendent of the This bill will help ensure that our school construction. For New Jersey Nutley School System in my district, children have a safe and healthy learn- that means an estimated $125 million has launched an ambitious plan to ing environment, with the added ben- to build and modernize local schools. green the town’s elementary schools. efit of creating jobs during these dif- Most importantly, of course, it will He already started a couple of years ficult economic times. allow States to provide the technical ago, using cutting-edge technology to Mr. GEORGE MILLER of California. assistance to local educational agen- reduce both greenhouse gas emissions Mr. Chairman, I now yield 2 minutes to cies, local schools, to develop energy- and the school district’s utility bills. the gentleman from New York (Mr. efficiency plans and look at their car- That is critical. TONKO), a member of the committee. bon footprint. I agree with my friend from Texas Mr. TONKO. Mr. Chairman, I rise So I want to thank Chairman MILLER that the health issue is a critical issue. today in support of H.R. 2187, which and Representative LOEBSACK for car- The patient is in the emergency room, would provide school districts that rying this bill forward. There is no particularly with the numbers out serve low-income communities with question that the economic downturn today on Medicare and Medicaid. But much-needed money for green school has put added pressure on our schools this too is a very important issue. modernization, renovation and repair from a year ago when we considered H.R. 2187 will help school districts projects. I particularly want to thank similar legislation. across the country undertake similar Chairman MILLER, Subcommittee I am also pleased that the chairman projects and ensure that our children Chair KILDEE, and our sponsors that has included my language to allow vet- learn in modern environments where have introduced the legislation, both eran-owned businesses to have con- they can truly reach their potential. Mr. CHANDLER and Mr. LOEBSACK, for tracting preference, along with small, Mr. MCKEON. Mr. Chairman, may I their outstanding support here on be- minority and women-owned businesses. inquire as to how much time we have half of our students across the country. This is a good bill. I encourage my left. These new funds will allow schools to colleagues to support the bill. The CHAIR. The gentleman has 12 make badly needed repairs to their Mr. GEORGE MILLER of California. minutes remaining, and the gentleman buildings at a time when State govern- I yield 2 minutes to the gentleman from California (Mr. GEORGE MILLER) ments are cutting back on education from Indiana (Mr. VISCLOSKY). has 201⁄2 minutes remaining. aid. This will help schools to not only Mr. VISCLOSKY. I appreciate the Mr. MCKEON. Maybe he could use up become more energy efficient, but also, gentleman yielding. a little more of his time. I will reserve importantly, more healthy. Mr. Chairman, I rise today in strong my time. Thirty-two million children in our support of H.R. 2187, the 21st Century Mr. GEORGE MILLER of California. country attend schools which are re- Green High-Performing Public Schools I yield 2 minutes to the gentleman portedly having environment problems Facility Act and commend Representa- from Oregon (Mr. WU), a member of the with their facilities that affect stu- tive CHANDLER as well as the Chair of committee. dents’ health and their learning. These the full committee, Mr. MILLER, and Mr. WU. Mr. Chairman, I rise in funds will allow our schools to make Subcommittee Chair KILDEE, for their strong support of H.R. 2187 and the un- their buildings healthier by allowing wonderful work on this measure in en- derlying legislation. I thank Rep- them to reduce greenhouse gas pollu- suring that our students have the most resentatives CHANDLER and LOEBSACK tion, to mitigate indoor air quality healthy and environmentally friendly for introducing this bill. I especially problems, address mold infestations, schools possible. appreciate Chairman MILLER working replace old furnaces and pollution- Particularly I am most pleased that with me to add seismic retrofitting, emitting equipment, and deal with language is included in this measure more efficient storm water runoff sys- water contamination problems, that requires the use of American- tems and additional clean energy amongst a host of other things. made iron, steel and manufactured sources to the allowable uses of funds Healthy and high-performance goods. Last year, similar language was in this bill. schools reduce indoor environmental included in the legislation as well. So many of our Nation’s schools are hazards and are indeed energy efficient. Last year in April the Congressional in urgent need of upgrading. The funds I was proud to have worked with the Steel Caucus held hearings on imported in this bill will do more than help cre- New York State Energy Research and steel and their substandard nature in ate safe schools. It will help our Development Authority to develop New many instances relative to safety. If we schools actually return money to our York State’s high-performance school are going to be using steel-related communities by saving energy and cre- guidelines, some of the best in the products for schools, we ought to en- ating jobs. country; and I am pleased that this bill sure that those schools are safe. This I have firsthand knowledge of how now will provide States with funds to measure does that. creating safe and green schools can im- develop similar measures. In addition to ensuring American- prove learning environments and stu- Every child deserves a safe, clean and quality steel is used to make sure that dent outcomes while saving money for healthy environment in which to learn, those students have a safe and healthy taxpayers. In McMinnville, Oregon, the and this bill is a major step in achiev- environment, it provides a second crit- newly built Sue Buel Elementary ing that goal. ical stimulus, and that is to help main- School, which I had the pleasure of vis- Mr. GEORGE MILLER of California. tain and create jobs in the domestic iting in February, a building built in I yield 3 minutes to the gentleman steel industry that is losing them at an 1929, was replaced by a new school from New Jersey (Mr. HOLT), a member alarming rate. Last week, steel produc- which was the first school in the State of the committee. tion across this country was at 42 per- of Oregon to earn a gold LEED certifi- Mr. HOLT. Mr. Chairman, I thank cent, compared to 91 percent just a cation. The school was built with low- the chairman of the committee for his year ago. chemical-emitting materials, an en- leadership on this issue. If school construction projects pro- ergy-efficient heating and ventilating As we all know, schools are hampered vided under this act are to be truly safe system, and 96 rooftop solar panels in carrying out the mission that they for our children, the steel used should that return over 19,000 watts of power have because of constrained operating be made in America. If it is to be bene- back to the local electricity grid. budgets and aging infrastructure and ficial to the American economy to cre- Perhaps the most exciting thing ever-increasing energy bills. ate jobs, the steel we use in this bill about visiting Buel Elementary was In 2005, I introduced the School should be made in America. Again, I seeing how engaged the students, many Building Enhancement Act after learn- particularly thank the Chair and Chair of whom are on free and reduced lunch, ing that energy bills were the second of the subcommittee for their endeavor

VerDate Nov 24 2008 01:54 May 14, 2009 Jkt 079060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\CR\FM\K13MY7.036 H13MYPT1 rfrederick on PROD1PC67 with HOUSE May 13, 2009 CONGRESSIONAL RECORD — HOUSE H5505 to make sure this provision was in- thank the committee for its work. The and more money into that each year. cluded. implementation of this legislation is The Federal Government has become b 1245 going to make our community schools more and more involved in local law truly the building block of livable com- enforcement, and now we are to the Mr. GEORGE MILLER of California. munities and make our families safer, point where we have even eliminated I yield 2 minutes to the gentleman healthier, and more economically se- the local match. We have totally taken from Oregon (Mr. BLUMENAUER). cure. over the cops on the street, and the Mr. BLUMENAUER. Mr. Chairman, I Mr. GEORGE MILLER of California. Federal Government now has increased appreciate the courtesy and leadership I yield 2 minutes to Mr. AL GREEN of year by year, and I can see this pro- of Chairman MILLER and the com- Texas. gram doing the same thing. mittee, following up on the good work Mr. Al GREEN of Texas. Mr. Chair- I served for 9 years on a local school you did earlier, to make sure that we man, I thank Chairman MILLER for his board and we always were looking for do have schools of the future. outstanding work in Congress and ways to get more money to cover our The schools are the foundation, the thank Mr. CHANDLER for sponsoring needs. There were always more needs building block of a livable community, this piece of legislation. than money available. I know we had and green schools are the schools of the Mr. Chairman, the cost of energy is problems with our long-term mainte- future. It is where America and the increasing. This bill will help us by nance and we had to make some sac- world is going in terms of being sus- saving energy. It will help us in the rifices. We had to make some adjust- tainable, efficient, and healthier. years to come by reducing the amount ments so we could spend money for But green schools are also the of energy that we will use. Unemploy- some long-term investment to build up schools of today. This is an oppor- ment is at 8.9 percent. This bill will put our roofs on the schools so we wouldn’t tunity under this legislation, the 21st people to work in a crucial and critical have them collapsing or the rain Century Green High-Performing Public area, the area of construction, because wouldn’t be coming through. School Facilities Act, to be able to il- the bill is all about construction and And I know how people think. I know lustrate our environmental values, reconstruction of some of our facili- how human nature is, and I know, if I that young people who are in school ties, and more, of course. were still on that school board and this will be able to see through the oper- This bill is one that we all agree is bill were passed and it became law, ation of this legislation that we are needed. The need for it is undeniable. that I would be, you know, probably going to walk the talk, we are going to The question becomes, then, are we looking to the Federal Government to implement our values. going to make our children a priority. meet those needs and then using the The provisions of this legislation will That is really the question that I ask local moneys for other things and turn- save money almost immediately be- Members to consider. Will we make our ing more and more over to the Federal cause there is lots of low-hanging fruit. children a priority? Government. That’s just human na- Indeed, in schools across the country in Yes, there are times when we cannot ture. As I said, there were always more terms of green sustainable practices, it afford to do things, but there are also needs than money. is not low-hanging fruit; it is picking times when we cannot afford not to do And so I see this program starting the fruit up off the ground that will things. This is one of those things that out at $40 billion and, as it grows over save energy, that will save water, that we cannot afford not to do. And there the years, ultimately taking that total will be gentler on the land. It will put are times when you have done every- responsibility off of the local school people to work. This is activity that is thing that you can, you have not done boards and looking to the Federal Gov- amazingly labor intensive. There are enough. When you have done all that ernment for all school construction, all few investments that we can make you can do, you have not done enough. school improvements. And even though greening our schools that will make On occasions when you have done all it is a good thing, I think, by virtue of more of a difference for people of all that you can do and you haven’t done the Constitution and tradition, that is skill levels, whether they are casual la- enough, you have a duty to do all that a local problem, not a Federal respon- borers, they are skilled efforts, they you can. This bill does all that we can sibility. are professional positions, to be able to do at this time to help this generation And the money all comes from the make a difference. compete in the global economy. taxpayers. When it comes to the Fed- In the State of Oregon alone, it is 62 I beg, I besiege, and I implore my col- eral Government, it seems like, at badly needed million dollars that is not leagues to make our children a priority least in California, we send about 12 only going to circulate through the and support this bill. percent of the money here and 10 per- economy, but it is going to do things Mr. MCKEON. Mr. Chairman, I yield cent finds its way back. It would be that school districts need and it is myself the balance of my time. better if we tried to keep our expenses going to save them money for years to I have been listening to all of the down here, tried to cut spending, tried come. comments that have been made, and to get back within our means of how I appreciate the fact that the bill in- there are good, sound arguments on we live. cludes how young people get to school both sides of this issue. Nobody, I Some things have been said about as part of energy efficiency. A genera- think, says that we shouldn’t have the how we really should be building better tion ago in virtually every school dis- very, very best schools that we can schools. I agree with that, but I don’t trict in America, more than 50 percent send our children to. I think we talk think it is totally necessary when we of our children got to school on their about priorities and how we decide think of Mr. ROE, Dr. ROE, who said he own, walking or riding a bike. Today where the money comes from and how went to a two-room schoolhouse and the national average is 15 percent. I it should be done. seemed to get a good education. He is a work in some communities where it is I have been here in Congress a little physician. I think back to President far less than that. over 16 years, and I remember back in Lincoln, who was taught by candlelight By investing in ways to make young my first term a bill was proposed that with a Bible how to read by his mother people be able to get to school safely was also very good. It was to put more and had just a couple of years of formal on a bike or walking, we are going to cops on the street. I remember the education. I think we would all agree reduce the carbon footprint while we mayor of Los Angeles calling me at the that Mr. Lincoln turned out all right. make their footprint a little lighter. time and he said, If you’ll vote for this So I think when we say that there is We are dealing with an epidemic of and support it, just get it started, we’ll no way to educate our children unless childhood obesity, and these provisions carry it from then on. we pump $40 billion more from the Fed- cycle back to make young people I didn’t vote for it. I didn’t think eral Government into this program, healthier. that they would be able to carry it on, that is the way to make it happen. This legislation will make the and that is what has happened. That I have to say, as I said earlier, this schools of today the schools of the fu- bill was passed. It did good things, put bill costs too much, borrows too much, ture, and it will do it in the very near more cops on the street, but the final and controls too much. I urge my col- future. I am pleased to support it. I where we are now is we have put more leagues to oppose this bill.

VerDate Nov 24 2008 03:00 May 14, 2009 Jkt 079060 PO 00000 Frm 00017 Fmt 7634 Sfmt 0634 E:\CR\FM\K13MY7.038 H13MYPT1 rfrederick on PROD1PC67 with HOUSE H5506 CONGRESSIONAL RECORD — HOUSE May 13, 2009 I yield back the balance of my time. voting for bond issues and paying high- qualification standards. Such requirements can Mr. GEORGE MILLER of California. er taxes, but the fact of the matter is be used to ensure high-quality work and suc- Mr. Chairman, I yield myself such time they don’t have sufficient resources to cessful project delivery as well as foster good as I may consume. do that. That does not mean that we training and employment opportunities in local Mr. Chairman, and Members of the should just sentence those kids to a communities. House, the 21st Century Green High- second-class education, to deny them I would like to yield such time as she Performing Public School Facilities educational opportunities, because may consume to the gentlewoman from Act is exactly what the Federal Gov- when we do that, we then spill over Nevada, a member of the committee ernment should be doing. into the national interest of this coun- and a strong supporter of this legisla- We have seen now over the last year, try, and that is to make sure that tion (Ms. TITUS). and in some cases a little longer, and every child receives a first-class edu- Ms. TITUS. Thank you very much, for the foreseeable future, that the tax cation, that every child at the end of 12 Chairman MILLER, for your hard work resources of local school districts, cit- years has the opportunity to choose a on this legislation. I certainly am sup- ies, and counties have plummeted be- career or schools or schools and a ca- portive of it. I want to add some provi- cause of the foreclosure crisis that con- reer in whatever combination, but they sions to it that will be brought forward fronts this Nation and because of the are prepared to do that. in an amendment later. financial scandals and the financial And we know from all of the surveys As an educator myself, I believe that collapse of our institutions across this that it is far more difficult for young it is important that we have safe and Nation. We have seen that credit is not children to learn in dilapidated, ill-re- healthy schools because only in those available. The school districts that paired, badly restored schools when environments can children learn bet- have voted for bonds have had dif- they are trying to get down the basics ter, and certainly that is all our goal. ficulty in getting those bonds to mar- of their education. I am pleased to be supportive of this. ket so that they can engage in the con- So this is a Federal partnership. In Mr. MATHESON. Mr. Chairman, I rise in struction. And we see, in fact, the some cases, local government joins support of H.R. 2187, the 21st Century Green backlog of repairs to schools, renova- with private sector money to repair High-Performing Public School Facilities Act, tions, modernizations of schools and and restore schools and provide new which will help modernize many of our nation’s school facilities is starting to lag. technologies. We want to join in part of schools. We also know and we understand that that. You can say this is the Federal I would like to thank my colleague from for the foreseeable future, unemploy- taking over the role. It is not taking Kentucky—BEN CHANDLER—for his sponsor- ment will continue to go up in this over any role. This is insignificant ship of this legislation. I believe it will help to country, at a diminished rate, but we compared to the efforts being made by ensure that our children can learn in healthier, still know half a million people a local governments. We are simply say- more cost effective, and more energy-efficient month are losing their jobs. Auto sales ing we think this can be catalytic in schools. are down because American families terms of getting some of these projects An investment in education and educational are trying to save more because of the done at this particular time and for the facilities is critical. As the father of two young recession, the depression we are in. foreseeable future so that we can en- boys, I want to know that they will receive a They are trying to take care of their sure our students have an opportunity quality education in a safe school building. needs, so school districts are denied to do that. Too many of our nation’s schools are out- those resources as are States. dated, and some are even unsafe. b 1300 So what the Federal Government is I would also like to thank Chairman MILLER doing in this time of emergency is try- I want to thank the foresight of Mr. for including my amendment to this bill in the ing to say that we will join with you in KILDEE, not only the subcommittee manager’s amendment. My amendment will a partnership based upon the priorities Chair, but the author of this legisla- allow schools to prioritize projects that elimi- of locally elected school boards, of su- tion, Mr. CHANDLER, Mr. LOEBSACK, nate asbestos, polychlorinated biphenyls, perintendents of schools, for the repair who worked with local districts, who mold, mildew, lead-based hazards, or other and restoration of schools that are so worked with local schools, who looked known carcinogens. necessary in so many areas of this at examples of what had been done to Extensive research has shown that children country. If a school board or if a school make a more efficient use of those and teachers perform better in ‘‘green’’ district doesn’t need the money, they local dollars, of Federal dollars, of edu- schools. Our children already encounter many need not take it. We hope that they cation dollars, to bring that together challenges, and we should do everything we wouldn’t because maybe it can go to and try to build high-performing can to provide a safe and healthy learning en- another school district that might need schools. vironment for them. it more. But the fact of the matter is, We want to make the same decisions Mr. AL GREEN of Texas. Mr. Chair, I spoke these repairs and restorations, and if for these schools that so many in the on the floor earlier today in support of H.R. we use green technology and use the private sector are making about their 2187: The 21st Century Green High-Per- guidelines of the green standards, not renovation, the renewal, the repair of forming Public School Facilities Act and the only can repair and restore these commercial facilities, of facilities amendment that I cosponsored with Mr. schools, they can make them much throughout our communities where the BRIGHT (AL), Ms. KOSMAS (FL) and Mr. more efficient in the use of energy and real estate industry is saving billions CUELLAR (TX). the use of water and the use of natural of dollars by greening those buildings, Because my time on the floor was limited, I daylight so students will have a better where we’re saving energy, where we’re was unable to explain my reasons for sup- learning environment and better oppor- saving water—in States like California, porting this legislation in detail. Since this leg- tunities at learning. those two things are very important— islation will have a profound and positive im- Yes, the data is pretty darn clear and providing a safe environment for pact on school districts and school children in that in those kinds of facilities stu- children. That’s why we should pass my district, I would like to take this opportunity dents do have a better opportunity in this legislation. to cover the details regarding its merits. learning the material that is presented H.R. 2187 requires local educational agen- Our schools should be safe and healthy to them in that environment than they cies to ensure a full and open competition for learning environments for our children. H.R. do in an old and run-down facility that qualified bidders. We expect that process to 2187 gives us a chance to upgrade our school is crumbling and bathrooms that are maximize the number of qualified bidders to buildings and boost student achievement while not safe and can’t be used and windows include local, small, minority-owned, women- creating good local jobs in new, clean energy that are not replaced. owned, and veteran-owned contractors, and to industries. Yes, that may not sound like the do so without diminishing or precluding the In particular, this bill provides $6.4 billion in local school district that some of you local educational agencies’ ability to seek out Federal funds for school modernization represent, but it sounds like a lot of responsible contractors by, for example, re- projects that will make schools safer, more en- the local school districts that a lot of quiring contractors to participate in bona fide ergy-efficient, and up-to-date technologically. us represent, and those school districts apprenticeship training programs and to dem- According to estimates from the House Edu- are doing all that they can. People are onstrate other legitimate responsibility and cation and Labor Committee, Texas schools

VerDate Nov 24 2008 01:54 May 14, 2009 Jkt 079060 PO 00000 Frm 00018 Fmt 7634 Sfmt 9920 E:\CR\FM\K13MY7.042 H13MYPT1 rfrederick on PROD1PC67 with HOUSE May 13, 2009 CONGRESSIONAL RECORD — HOUSE H5507 will receive approximately $605 million and SECTION 1. SHORT TITLE; TABLE OF CONTENTS. TITLE I—GRANTS FOR MODERNIZATION, school districts in my congressional district, (a) SHORT TITLE.—This Act may be cited as RENOVATION, OR REPAIR OF PUBLIC TX–09, would receive approximately $66 mil- the ‘‘21st Century Green High-Performing Pub- SCHOOL FACILITIES lic School Facilities Act’’. lion in total. Houston Independent School Dis- SEC. 101. PURPOSE. (b) TABLE OF CONTENTS.—The table of con- trict (HISD) is estimated to receive Grants under this title shall be for the purpose tents for this Act is as follows: of modernizing, renovating, or repairing public $54,109,000; Alief ISD will receive $8,482,000; Sec. 1. Short title; table of contents. school facilities, based on their need for such Fort Bend ISD will receive $3,262,000; and Sec. 2. Definitions. improvements, to be safe, healthy, high-per- Stafford MSD will receive $155,000. Title II of TITLE I—GRANTS FOR MODERNIZATION, forming, and up-to-date technologically. this bill also authorizes separate funds—$600 RENOVATION, OR REPAIR OF PUBLIC SEC. 102. ALLOCATION OF FUNDS. million over 6 years—for schools that were SCHOOL FACILITIES (a) RESERVATION.— damaged or destroyed by Hurricanes Katrina Sec. 101. Purpose. (1) IN GENERAL.—From the amount appro- and Rita in 2005. Schools in Louisiana, Mis- Sec. 102. Allocation of funds. priated to carry out this title for each fiscal year sissippi, and Alabama trying to recover from Sec. 103. Allowable uses of funds. pursuant to section 311(a), the Secretary shall reserve 1 percent of such amount, consistent the devastation caused by these two hurri- TITLE II—SUPPLEMENTAL GRANTS FOR with the purpose described in section 101— LOUISIANA, MISSISSIPPI, AND ALABAMA canes would be eligible to apply for funding (A) to provide assistance to the outlying under this section. Sec. 201. Purpose. areas; and In addition, since this funding does not ex- Sec. 202. Allocation to local educational agen- (B) for payments to the Secretary of the Inte- tend to schools impacted by Hurricane Ike in cies. rior to provide assistance to Bureau-funded Sec. 203. Allowable uses of funds. 2008, I am cosponsoring an amendment along schools. TITLE III—GENERAL PROVISIONS (2) USE OF RESERVED FUNDS.—In each fiscal with Representatives BOBBY BRIGHT, SUZANNE Sec. 301. Impermissible uses of funds. year, the amount reserved under paragraph (1) KOSMAS and HENRY CUELLAR that will set shall be divided between the uses described in aside 5 percent of the $6.4 billion (or about Sec. 302. Supplement, not supplant. Sec. 303. Prohibition regarding State aid. subparagraphs (A) and (B) of such paragraph $320 million) for schools impacted by, natural Sec. 304. Maintenance of effort. in the same proportion as the amount reserved disasters other than Katrina and Rita and for Sec. 305. Special rule on contracting. under section 1121(a) of the Elementary and schools experiencing significant economic dis- Sec. 306. Use of American iron, steel, and man- Secondary Education Act of 1965 (20 U.S.C. tress. This amendment will allow schools in ufactured goods. 6331(a)) is divided between the uses described in my district that were devastated or destroyed Sec. 307. Labor standards. paragraphs (1) and (2) of such section 1121(a) in by Hurricane Ike in 2008 to be eligible to re- Sec. 308. Charter schools. such fiscal year. (b) ALLOCATION TO STATES.— ceive funding for new construction, moderniza- Sec. 309. Green schools. Sec. 310. Reporting. (1) STATE-BY-STATE ALLOCATION.—Of the tion and repairs. For example, Houston Inde- Sec. 311. Authorization of appropriations. amount appropriated to carry out this title for pendent School District (HISD) had damages Sec. 312. Special rules. each fiscal year pursuant to section 311(a), and that cost $30–$60 million. In fact, while 14 of Sec. 313. YouthBuild programs. not reserved under subsection (a), each State HISD’s schools are designated as ‘‘shelters of SEC. 2. DEFINITIONS. shall be allocated an amount in proportion to last resort’’ by the City of Houston, none of In this Act: the amount received by all local educational HISD’s facilities are designed to sustain winds (1) The term ‘‘Bureau-funded school’’ has the agencies in the State under part A of title I of the Elementary and Secondary Education Act of in a storm above Category 2. To ensure safety meaning given to such term in section 1141 of the Education Amendments of 1978 (25 U.S.C. 1965 (20 U.S.C. 6311 et seq.) for the previous fis- in future natural disasters, facility upgrades cal year relative to the total amount received by are needed to shore up roofs and replace win- 2021). (2) The term ‘‘charter school’’ has the mean- all local educational agencies in every State dows that can withstand Category 3+ winds. ing given such term in section 5210 of the Ele- under such part for such fiscal year. (2) STATE ADMINISTRATION.—A State may re- Generators are needed, as well, in the event mentary and Secondary Education Act of 1965 serve up to 1 percent of its allocation under of power outages. Federal funding is espe- (20 U.S.C. 7221). paragraph (1) to carry out its responsibilities cially needed in light of the fact that 80 per- (3) The term ‘‘CHPS Criteria’’ means the green under this title, which include— building rating program developed by the Col- cent of students in HISD schools are economi- (A) providing technical assistance to local laborative for High Performance Schools. cally disadvantaged. Additional reports indi- educational agencies; cate that over 40 buildings within the Alief (4) The term ‘‘Energy Star’’ means the Energy (B) developing an online, publicly searchable Independent School District (Alief ISD) experi- Star program of the United States Department database that includes an inventory of public of Energy and the United States Environmental enced some level of damage from Hurricane school facilities in the State, including for each, Protection Agency. its design, condition, modernization, renovation Ike and eight facilities endured significant (5) The term ‘‘Green Globes’’ means the Green and repair needs, usage, utilization, energy use, damage totaling $5.8 million in costs. Building Initiative environmental design and and carbon footprint; and All told, schools in my district and in districts rating system referred to as Green Globes. (C) creating voluntary guidelines for high-per- across the Nation that have experienced nat- (6) The term ‘‘LEED Green Building Rating forming school buildings, including guidelines ural disasters and significant economic dis- System’’ means the United States Green Build- concerning the following: tress will benefit from our amendment to this ing Council Leadership in Energy and Environ- (i) Site location, storm water management, mental Design green building rating standard outdoor surfaces, outdoor lighting, and trans- legislation. More importantly, it is the children referred to as LEED Green Building Rating Sys- and teachers in these adversely affected com- portation (location near public transit and easy tem. access for pedestrians and bicycles). munities that will benefit the most once fund- (7) The term ‘‘local educational agency’’— (ii) Outdoor water systems, landscaping to ing from this amendment is used to fix their (A) has the meaning given to that term in sec- minimize water use, including elimination of ir- schools. tion 9101 of the Elementary and Secondary Edu- rigation systems for landscaping, and indoor Mr. Chairman, I urge all my colleagues to cation Act of 1965 (20 U.S.C. 7801), and shall water use reduction. support this much-needed legislation. also include the Recovery School District of (iii) Energy efficiency (including minimum Louisiana and the New Orleans Public Schools; and superior standards, such as for heating, Mr. GEORGE MILLER of California. and Mr. Chairman, I yield back the balance ventilation, and air conditioning systems), use (B) includes any public charter school that of alternative energy sources, commissioning, of my time. constitutes a local educational agency under and training. The CHAIR. All time for general de- State law. (iv) Use of durable, sustainable materials and bate has expired. (8) The term ‘‘outlying area’’— waste reduction. Pursuant to the rule, the amendment (A) means the United States Virgin Islands, (v) Indoor environmental quality, such as day in the nature of a substitute printed in Guam, American Samoa, and the Common- lighting in classrooms, lighting quality, indoor wealth of the Northern Mariana Islands; and air quality, acoustics, and thermal comfort. the bill shall be considered as an origi- (B) includes the freely associated states of the (vi) Operations and management, such as use nal bill for the purpose of amendment Republic of the Marshall Islands, the Federated of energy efficient equipment, indoor environ- under the 5-minute rule and shall be States of Micronesia, and the Republic of Palau. mental management plan, maintenance plan, considered read. (9) The term ‘‘public school facilities’’ means and pest management. The text of the committee amend- an existing public school facility, including a (3) GRANTS TO LOCAL EDUCATIONAL AGEN- ment is as follows: public charter school facility, or another exist- CIES.— ing facility planned for adaptive reuse as such (A) IN GENERAL.—From the amount allocated H.R. 2187 a school facility. to a State under paragraph (1), each eligible Be it enacted by the Senate and House of Rep- (10) The term ‘‘State’’ means each of the 50 local educational agency in the State shall re- resentatives of the United States of America in States, the District of Columbia, and the Com- ceive an amount in proportion to the amount re- Congress assembled, monwealth of Puerto Rico. ceived by such local educational agency under

VerDate Nov 24 2008 01:54 May 14, 2009 Jkt 079060 PO 00000 Frm 00019 Fmt 7634 Sfmt 6333 E:\CR\FM\A13MY7.041 H13MYPT1 rfrederick on PROD1PC67 with HOUSE H5508 CONGRESSIONAL RECORD — HOUSE May 13, 2009 part A of title I of the Elementary and Sec- (10) renewable energy generation and heating agency and the State involved with respect to ondary Education Act of 1965 (20 U.S.C. 6311 et systems, including solar, photovoltaic, wind, the provision of free public education by the seq.) for the previous fiscal year relative to the geothermal, or biomass, including wood pellet, agency for the preceding fiscal year was not less total amount received by all local educational woody biomass, waste-to-energy, and solar-ther- than 90 percent of the combined fiscal effort or agencies in the State under such part for such mal systems or components of such systems, and aggregate expenditures for the second preceding fiscal year, except that no local educational energy audits; fiscal year. agency that received funds under title I of that (11) other modernization, renovation, or repair (b) REDUCTION IN CASE OF FAILURE TO MEET Act for such fiscal year shall receive a grant of of public school facilities to— MAINTENANCE OF EFFORT REQUIREMENT.— less than $5,000 in any fiscal year under this (A) improve teachers’ ability to teach and stu- (1) IN GENERAL.—The State educational agen- title. dents’ ability to learn; cy shall reduce the amount of a local edu- (B) ELIGIBLE LOCAL EDUCATIONAL AGENCY.— (B) ensure the health and safety of students cational agency’s grant in any fiscal year in the For purposes of subparagraph (A), the term ‘‘el- and staff; exact proportion by which a local educational igible local educational agency’’ means a local (C) make them more energy efficient; or agency fails to meet the requirement of sub- educational agency that— (D) reduce class size; and section (a) by falling below 90 percent of both (i) meets the requirements of section 1112(a) of (12) required environmental remediation re- the combined fiscal effort per student and aggre- the Elementary and Secondary Education Act of lated to public school modernization, renova- gate expenditures (using the measure most fa- 1965 (20 U.S.C. 6311 et seq.); and tion, or repair described in paragraphs (1) vorable to the local agency). (ii) conducts an independent audit by a third- through (11). (2) SPECIAL RULE.—No such lesser amount party entity, and is certified by the State, sub- TITLE II—SUPPLEMENTAL GRANTS FOR shall be used for computing the effort required stantiating the overall condition of the public LOUISIANA, MISSISSIPPI, AND ALABAMA under subsection (a) for subsequent years. school facilities and the need for modernization, (c) WAIVER.—The Secretary shall waive the SEC. 201. PURPOSE. renovation, or repair. requirements of this section if the Secretary de- Grants under this title shall be for the purpose (4) SPECIAL RULE.—Section 1122(c)(3) of the termines that a waiver would be equitable due of modernizing, renovating, repairing, or con- Elementary and Secondary Education Act of to— structing public school facilities, including, 1965 (20 U.S.C. 6332(c)(3)) shall not apply to (1) exceptional or uncontrollable cir- where applicable, early learning facilities, based paragraph (1) or (3). cumstances, such as a natural disaster; or on their need for such improvements, to be safe, (c) SPECIAL RULES.— (2) a precipitous decline in the financial re- healthy, high-performing, and up-to-date tech- (1) DISTRIBUTIONS BY SECRETARY.—The Sec- sources of the local educational agency. nologically. retary shall make and distribute the reserva- SEC. 305. SPECIAL RULE ON CONTRACTING. tions and allocations described in subsections SEC. 202. ALLOCATION TO LOCAL EDUCATIONAL Each local educational agency receiving a (a) and (b) not later than 30 days after an ap- AGENCIES. grant under this Act shall ensure that, if the propriation of funds for this title is made. (a) IN GENERAL.—Of the amount appropriated agency carries out modernization, renovation, (2) DISTRIBUTIONS BY STATES.—A State shall to carry out this title for each fiscal year pursu- repair, or construction through a contract, the make and distribute the allocations described in ant to section 311(b), the Secretary shall allocate process for any such contract ensures the max- subsection (b)(3) within 30 days of receiving to local educational agencies in Louisiana, Mis- imum number of qualified bidders, including such funds from the Secretary. sissippi, and Alabama an amount equal to the local, small, minority, and women- and veteran- infrastructure damage inflicted on public school SEC. 103. ALLOWABLE USES OF FUNDS. owned businesses, through full and open com- facilities in each such district by Hurricane petition. A local educational agency receiving a grant Katrina or Hurricane Rita in 2005 relative to the SEC. 306. USE OF AMERICAN IRON, STEEL, AND under this title shall use the grant for mod- total of such infrastructure damage so inflicted ernization, renovation, or repair of public school MANUFACTURED GOODS. in all such districts, combined. (a) IN GENERAL.—None of the funds appro- facilities, including, where applicable, early (b) DISTRIBUTION BY SECRETARY.—The Sec- learning facilities— priated or otherwise made available by this Act retary shall determine and distribute the alloca- may be used for a project for the modernization, (1) repairing, replacing, or installing roofs, in- tions described in subsection (a) not later than cluding extensive, intensive or semi-intensive renovation, repair or construction of a public 60 days after an appropriation of funds for this school facility unless all of the iron, steel, and green roofs, electrical wiring, plumbing systems, title is made. sewage systems, storm water runoff systems, manufactured goods used in the project are pro- lighting systems, or components of such systems, SEC. 203. ALLOWABLE USES OF FUNDS. duced in the United States. windows, ceilings, flooring, or doors, including A local educational agency receiving a grant (b) EXCEPTIONS.—Subsection (a) shall not security doors; under this title shall use the grant for one or apply in any case or category of cases in which (2) repairing, replacing, or installing heating, more of the activities described in section 103, the Secretary finds that— ventilation, air conditioning systems, or compo- except that an agency receiving a grant under (1) applying subsection (a) would be incon- nents of such systems (including insulation), in- this title also may use the grant for the con- sistent with the public interest; cluding indoor air quality assessments; struction of new public school facilities. (2) iron, steel, and the relevant manufactured (3) bringing public schools into compliance TITLE III—GENERAL PROVISIONS goods are not produced in the United States in sufficient and reasonably available quantities with fire, health, seismic, and safety codes, in- SEC. 301. IMPERMISSIBLE USES OF FUNDS. cluding professional installation of fire/life safe- and of a satisfactory quality; or No funds received under this Act may be used (3) inclusion of iron, steel, and manufactured ty alarms, including modernizations, renova- for— tions, and repairs that ensure that schools are goods produced in the United States will in- (1) payment of maintenance costs; crease the cost of the overall project by more prepared for emergencies, such as improving (2) stadiums or other facilities primarily used building infrastructure to accommodate security than 25 percent. for athletic contests or exhibitions or other (c) PUBLICATION OF JUSTIFICATION.—If the measures; events for which admission is charged to the (4) modifications necessary to make public Secretary determines that it is necessary to general public; waive the application of subsection (a) based on school facilities accessible to comply with the (3) improvement or construction of facilities Americans with Disabilities Act of 1990 (42 a finding under subsection (b), the Secretary the purpose of which is not the education of shall publish in the Federal Register a detailed U.S.C. 12101 et seq.) and section 504 of the Re- children, including central office administration habilitation Act of 1973 (29 U.S.C. 794); written justification of the determination. or operations or logistical support facilities; or (d) CONSTRUCTION.—This section shall be ap- (5) abatement, removal, or interim controls of (4) purchasing carbon offsets. asbestos, polychlorinated biphenyls, mold, mil- plied in a manner consistent with United States SEC. 302. SUPPLEMENT, NOT SUPPLANT. dew, or lead-based hazards, including lead- obligations under international agreements. A local educational agency receiving a grant based paint hazards; SEC. 307. LABOR STANDARDS. under this Act shall use such Federal funds (6) measures designed to reduce or eliminate The grant programs under this Act are appli- only to supplement and not supplant the human exposure to classroom noise and environ- cable programs (as that term is defined in sec- amount of funds that would, in the absence of mental noise pollution; tion 400 of the General Education Provisions Act such Federal funds, be available for moderniza- (7) modernizations, renovations, or repairs (20 U.S.C. 1221)) subject to section 439 of such tion, renovation, repair, and construction of necessary to reduce the consumption of coal, Act (20 U.S.C. 1232b). public school facilities. electricity, land, natural gas, oil, or water; SEC. 308. CHARTER SCHOOLS. (8) upgrading or installing educational tech- SEC. 303. PROHIBITION REGARDING STATE AID. A local educational agency receiving an allo- nology infrastructure to ensure that students A State shall not take into consideration pay- cation under this Act shall distribute an amount have access to up-to-date educational tech- ments under this Act in determining the eligi- of that allocation to charter schools within its nology; bility of any local educational agency in that jurisdiction. The total amount to be distributed (9) modernization, renovation, or repair of State for State aid, or the amount of State aid, under the preceding sentence shall be deter- science and engineering laboratory facilities, li- with respect to free public education of children. mined based on the percentage of students eligi- braries, and career and technical education fa- SEC. 304. MAINTENANCE OF EFFORT. ble under part A of title I of the Elementary and cilities, including those related to energy effi- (a) IN GENERAL.—A local educational agency Secondary Education Act of 1965 (20 U.S.C. 6311 ciency and renewable energy, and improvements may receive a grant under this Act for any fiscal et seq.) in the schools of the agency who are en- to building infrastructure to accommodate bicy- year only if either the combined fiscal effort per rolled in charter schools. Of such total, indi- cle and pedestrian access; student or the aggregate expenditures of the vidual charter schools shall receive a share

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based on the needs of the schools, as determined improved indoor environmental quality, im- Amendment No. 1 offered by Mr. GEORGE by the agency in consultation with the charter proved climate for teaching and learning, etc.); MILLER of California: school community. Funds shall be used only for and In the table of contents in section 1(b) of allowable activities in accordance with this Act. (6) the total number and amount of contracts the bill, after the item relating to section SEC. 309. GREEN SCHOOLS. awarded, and the number and amount of con- 103, insert the following: (a) IN GENERAL.—In a given fiscal year, a tracts awarded to local, small, minority, women, Sec. 104. Priority projects. local educational agency shall use not less than and veteran-owned businesses. In section 102(a)(1), strike ‘‘1 percent’’ and the applicable percentage (described in sub- (b) AVAILABILITY OF REPORTS.—A local edu- insert ‘‘2 percent’’. section (b)) of funds received under this Act for cational agency shall— In section 103, in the matter preceding (1) submit the report described in subsection public school modernization, renovation, re- paragraph (1), strike ‘‘facilities—’’ and insert (a) to the State educational agency, which shall pairs, or construction that are certified, verified, ‘‘facilities, including—’’. compile such information and report it annually or consistent with any applicable provisions of— In section 103(1), insert ‘‘water supply and’’ to the Secretary; and (1) the LEED Green Building Rating System; after ‘‘wiring,’’. (2) make the report described in subsection (a) In section 103(1), insert ‘‘building enve- (2) Energy Star; publicly available, including on the agency’s (3) the CHPS Criteria; lope,’’ after ‘‘such systems,’’. website. After section 103, insert the following: (4) Green Globes; or (c) REPORTS BY SECRETARY.—Not later than (5) an equivalent program adopted by the SEC. 104. PRIORITY PROJECTS. December 31 of each fiscal year, the Secretary In selecting a project under section 103, a State or another jurisdiction with authority over shall submit to the Committee on Education and the local educational agency, which shall in- local educational agency may give priority Labor of the House of Representatives and the to projects involving the abatement, re- clude a verifiable method to demonstrate compli- Committee on Health, Education, Labor, and moval, or interim controls of asbestos, poly- ance with such program. Pensions of the Senate, and make available on chlorinated biphenyls, mold, mildew, lead- (b) APPLICABLE PERCENTAGES.—The applica- the Department of Education’s website, a report based hazards, including lead-based paint ble percentage described in subsection (a) is— on grants made under this Act, including the in- hazards, or a proven carcinogen. (1) in fiscal year 2010, 50 percent; formation described in subsection (b)(1), the Strike section 308 and insert the following: (2) in fiscal year 2011, 60 percent; types of modernization, renovation, repair, and (3) in fiscal year 2012, 70 percent; SEC. 308. CHARTER SCHOOLS. construction funded, and the number of stu- (a) IN GENERAL.—A local educational agen- (4) in fiscal year 2013, 80 percent; dents impacted, including the number of stu- cy receiving an allocation under this Act (5) in fiscal year 2014, 90 percent; and dents counted under section 1113(a)(5) of the El- shall reserve an amount of that allocation (6) in fiscal year 2015, 100 percent. ementary and Secondary Education Act of 1965 for charter schools within its jurisdiction for (c) TECHNICAL ASSISTANCE.—The Secretary, in (20 U.S.C. 6313(a)(5)). modernization, renovation, repair, and con- consultation with the Secretary of Energy and SEC. 311. AUTHORIZATION OF APPROPRIATIONS. struction of charter school facilities. the Administrator of the Environmental Protec- (a) TITLE I.—To carry out title I, there are (b) DETERMINATION OF RESERVED AMOUNT.— tion Agency, shall provide outreach and tech- authorized to be appropriated $6,400,000,000 for The amount to be reserved by a local edu- nical assistance to States and local educational fiscal year 2010 and such sums as may be nec- cational agency under subsection (a) shall be agencies concerning the best practices in school essary for each of fiscal years 2011 through 2015. determined based on the combined percent- modernization, renovation, repair, and con- (b) TITLE II.—To carry out title II, there are age of students eligible under part A of title struction, including those related to student authorized to be appropriated $100,000,000 for I of the Elementary and Secondary Edu- academic achievement, student and staff health, each of fiscal years 2010 through 2015. cation Act of 1965 (20 U.S.C. 6311 et seq.) in energy efficiency, and environmental protection. SEC. 312. SPECIAL RULES. the schools of the agency who— SEC. 310. REPORTING. Notwithstanding any other provision of this (1) are enrolled in charter schools; and (a) REPORTS BY LOCAL EDUCATIONAL AGEN- Act, none of the funds authorized by this Act (2) the local educational agency, in con- CIES.—Local educational agencies receiving a may be— sultation with the authorized public char- grant under this Act shall annually compile a (1) used to employ workers in violation of sec- tering agency, expects to be enrolled, during report describing the projects for which such tion 274A of the Immigration and Nationality the year with respect to which the reserva- funds were used, including— Act (8 U.S.C. 1324a); or tion is made, in charter schools that are (1) the number of public schools in the agency, (2) distributed to a local educational agency scheduled to commence operation during including the number of charter schools, and for that does not have a policy that requires a such year. each, in the aggregate, the number of students criminal background check on all employees of (c) SCHOOL SHARE.—Individual charter from low-income families; the agency. schools shall receive a share of the amount (2) the total amount of funds received by the SEC. 313. YOUTHBUILD PROGRAMS. reserved under subsection (a) based on the local educational agency under this Act and the The Secretary of Education, in consultation need of each school for modernization, ren- amount of such funds expended, including the with the Secretary of Labor, shall work with re- ovation, repair, or construction, as deter- amount expended for modernization, renova- cipients of funds under this Act to promote ap- mined by the local educational agency in tion, repair, or construction of charter schools; propriate opportunities for participants in a consultation with charter school administra- (3) the number of public schools in the agency YouthBuild program (as defined in section 173A tors. with a metro-centric locale code of 41, 42, or 43 of the Workforce Investment Act of 1998 (29 (d) EXCESS FUNDS.—After the consultation as determined by the National Center for Edu- U.S.C. 2918a)) to gain employment experience on described in subsection (c), if the local edu- cation Statistics and the percentage of funds re- modernization, renovation, repair, and con- cational agency determines that the amount ceived by the agency under title I or title II of struction projects funded under this Act. of funds reserved under subsection (a) ex- this Act that were used for projects at such The CHAIR. No amendment to the ceeds the modernization, renovation, repair, and construction needs of charter schools schools; committee amendment is in order ex- (4) the number of public schools in the agency within the local educational agency’s juris- that are eligible for schoolwide programs under cept those printed in House Report 111– diction, the agency may use the excess funds section 1114 of the Elementary and Secondary 106. Each amendment may be offered for other public school facility moderniza- Education Act of 1965 (20 U.S.C. 6314) and the only in the order printed in the report, tion, renovation, repair, or construction con- percentage of funds received by the agency by a Member designated in the report, sistent with this Act and is not required to under title I or title II of this Act that were used shall be considered read, shall be de- carry over such funds to the following fiscal for projects at such schools; batable for the time specified in the re- year for use for charter schools. (5) for each project— port, equally divided and controlled by The CHAIR. Pursuant to House Reso- (A) the cost; the proponent and an opponent of the lution 427, the gentleman from Cali- (B) the standard described in section 309(a) fornia (Mr. GEORGE MILLER) and a with which the use of the funds complied or, if amendment, shall not be subject to the use of funds did not comply with a standard amendment, and shall not be subject to Member opposed each will control 5 described in section 309(a), the reason such a demand for division of the question. minutes. funds were not able to be used in compliance AMENDMENT NO. 1 OFFERED BY MR. GEORGE The Chair recognizes the gentleman with such standards and the agency’s efforts to MILLER OF CALIFORNIA from California. use such funds in an environmentally sound The CHAIR. It is now in order to con- Mr. GEORGE MILLER of California. manner; sider amendment No. 1 printed in Mr. Chairman, Members of the House, (C) if flooring was installed, whether— House Report 111–106. as has been stated earlier in this de- (i) it was low- or no-VOC (Volatile Organic Mr. GEORGE MILLER of California. bate, this is a very important piece of Compounds) flooring; Mr. Chairman, I have an amendment at legislation that is geared to improve (ii) it was made from sustainable materials; the condition of school buildings all and the desk. (iii) use of flooring described in clause (i) or The CHAIR. The Clerk will designate across the country, and it does so while (ii) was cost-effective; and the amendment. promoting energy efficiency through (D) any demonstrable or expected benefits as The text of the amendment is as fol- green buildings and creating jobs to a result of the project (such as energy savings, lows: help stimulate our economy.

VerDate Nov 24 2008 01:54 May 14, 2009 Jkt 079060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\CR\FM\A13MY7.040 H13MYPT1 rfrederick on PROD1PC67 with HOUSE H5510 CONGRESSIONAL RECORD — HOUSE May 13, 2009 I have a manager’s amendment which schools’ facilities needs are. If the dis- The amendment was agreed to. I believe further improves the bill by trict determines that a charter has no AMENDMENT NO. 2 OFFERED BY MR. MCKEON facilities needs, the money specifically providing equitable treatment of char- The CHAIR. It is now in order to con- set aside for charter schools reverts ter schools while ensuring that the sider amendment No. 2 printed in back to the local district. school district can put all of its funds House Report 111–106. to good use; by allowing schools to give We know that charter schools are CKEON. Mr. Chairman, I have priority to projects designed to remove desperately in need of facilities fund- Mr. M an amendment made in order under the hazardous material like asbestos and ing. On average, public charter school rule. carcinogens; by setting aside more funding falls short of traditional public funds for tribal and outlying areas; and school funding by 22 percent. A pri- The CHAIR. The Clerk will designate finally, allowing funds to be used for mary cause of this inequity is that the amendment. water supply and building envelopes. I charter schools lack access to local and The text of the amendment is as fol- think these are valuable changes. I capital funding primarily due to the lows: want to thank Representatives POLIS, fact that charter schools cannot issue Amendment No. 2 offered by Mr. MCKEON: MATHESON, KIRKPATRICK and PINGREE bonds to pay for school construction. Amend section 102(b)(3)(B)(i) to read as fol- for their insights and leadership on Charter schools drive innovation and lows: these changes. reform. They have been championed by (i) meets the requirements for— Mr. Chairman, critics of this legisla- President Obama and Education Sec- (I) a local educational agency plan under tion have argued that it intrudes on retary Duncan. They were protected in section 1112(a) of the Elementary and Sec- this legislation by an amendment of- ondary Education Act of 1965 (20 U.S.C. the traditional role and responsibility 6312(a)); of the States. But this is not about fered by a Member of the majority. This amendment undermines the bipar- (II) public school choice under section Federal versus State and local control 1116(b)(1)(E) of the Elementary and Sec- of school construction and repair. It is tisan support for charter schools by ondary Education Act of 1965 (20 U.S.C. about meeting the urgent needs that putting their fair access to funds under 6316(b)(1)(E)); will help revamp this Nation’s schools, this program in jeopardy. (III) transportation funding for public I strongly urge my colleagues to op- improve student learning and global school choice under section 1116(b)(9) of the pose this amendment. competitiveness, lower the costs for Elementary and Secondary Education Act of Mr. Chairman, I reserve the balance 1965 (20 U.S.C. 6316(b)(9)); schools and taxpayers, and help us cre- of my time. (IV) supplemental educational services ate jobs. I urge support of the man- Mr. GEORGE MILLER of California. funding under section 1116(b)(10) of the Ele- ager’s amendment. Mr. Chairman, the manager’s amend- mentary and Secondary Education Act of Mr. Chairman, I reserve the balance ment I would hope would pass. The dis- 1965 (20 U.S.C. 6316(b)(10)); of my time. cussion about what was the Polis (V) supplemental educational services under section 1116(e) of the Elementary and Mr. MCKEON. Mr. Chairman, I claim amendment in the committee to make the time in opposition to this amend- Secondary Education Act of 1965 (20 U.S.C. sure that charter schools got a fair 6316(e)); ment, and I yield myself such time as share of this money in fact remains in- I may consume. (VI) private school participation under sec- tact. The problem with that amend- tion 9501 of the Elementary and Secondary The CHAIR. The gentleman from ment in the committee was that new Education Act of 1965 (20 U.S.C. 7881); and California is recognized for 5 minutes. charter schools would have in fact been (VII) armed forces recruiter access under Mr. MCKEON. Mr. Chairman, I object precluded from having access to that section 9528 of the Elementary and Sec- to this amendment for several reasons. money since they weren’t in existence ondary Education Act of 1965 (20 U.S.C. 7908); It adds additional uses of funds, project and and the amendment originally spoke to priorities, and funding allocations. The CHAIR. Pursuant to the rule, the While none of these on its own is par- those charter schools in existence. As with the original amendment, this gentleman from California (Mr. ticularly objectionable, on the whole will be done in consultation with the MCKEON) and a Member opposed each we are making the bill more complex school board. If there isn’t a dem- will control 5 minutes. and deviating even further from what onstrated need among the charter The Chair recognizes the gentleman the Federal Government ought to be schools, the money goes back into the from California. doing in education, and that’s focusing pot for the use of the schools. That’s, on academics. But the most troubling Mr. MCKEON. Mr. Chairman, I yield in fact, how it was done in the original element of this amendment is its un- myself such time as I may consume. amendment. Mr. POLIS, as the author fair treatment of charter schools. There is a lot of talk about account- of that amendment, has agreed to this During our committee’s markup of ability in education, but what does change to make sure that we include this bill, we endorsed, on a fully bipar- that word really mean? At the Federal all charter schools at that time. I urge tisan basis, an amendment from the level, I think it means accountability passage of the amendment. to taxpayers to get what they’re pay- gentleman from Colorado, Representa- Mr. Chairman, I reserve the balance tive POLIS. His amendment ensured fair ing for. of my time. We give tens of billions of dollars to treatment for charter schools under Mr. MCKEON. Mr. Chairman, I yield States and school districts each year; this program. After all, if we are pro- myself the balance of my time. with this bill, we are going to give viding facilities funding for public This amendment will make it more them $40 billion more. But what are we schools, we ought to be providing it eq- difficult for charter schools, which, re- getting in return? Federal elementary uitably for all public schools, and that member, are public schools held to and secondary education policy places includes charter schools. higher standards for student academic a few simple, but critical, requirements Charter schools are public schools achievement, to receive facilities fund- on schools in exchange for billions in created by teachers, parents, and other ing under this bill. If taxpayers are taxpayer dollars. Schools have to as- members of the community to educate being asked to renovate and repair pub- sess student achievement and report to students and stimulate reform in the lic schools, at a minimum, we need to parents on how they’re performing. In public school system. As public ensure fair treatment for all public schools where children are being left schools, they must serve students from schools. all backgrounds and educational abili- I urge my colleagues to reject this behind, we require that they be given ties. Unfortunately, the amendment we amendment. access to free tutoring or the right to are debating weakens the equal protec- Mr. Chairman, I yield back the bal- transfer to a better performing public tions for charter schools that were in- ance of my time. school. serted on a bipartisan basis during our Mr. GEORGE MILLER of California. We require equitable participation committee’s vote. Mr. Chairman, I yield back the balance for private schools, recognizing that The amendment empowers local of my time and I ask for an ‘‘aye’’ vote. programs like title I, IDEA, and others school districts—some of them notori- The CHAIR. The question is on the were meant to benefit all students and ously hostile towards charter schools— amendment offered by the gentleman teachers, not just those in the public to determine what their charter from California (Mr. GEORGE MILLER). school system.

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And we call on schools to pro- therefore, to accept money under this council to be known as the ‘‘Advisory Coun- vide our Armed Forces with basic con- program, you would have to abide by cil on Green, High-Performing Schools’’ (in tact information for students, with the those same standards under ESEA. this section referred to as the ‘‘Advisory option for parents to opt out, so that Therefore, I would urge my colleagues Council’’) which shall be composed of— students have a chance to learn about to accept this amendment. (1) appropriate officials from the Depart- all options available for their future. Mr. Chairman, I reserve the balance ment of Education; (2) representatives of the academic, archi- In exchange for billions in taxpayer of my time. tectural, business, education, engineering, dollars, I don’t think it’s too much to Mr. MCKEON. Mr. Chairman, I yield environmental, labor and scientific commu- ask for schools to comply with these myself the balance of my time. nities; and requirements. A bipartisan majority of I want to thank the gentleman, Mr. (3) such other representatives as the Sec- Congress agreed when we reauthorized KILDEE, for his support of the amend- retary deems appropriate. the elementary and secondary edu- ment. I think it makes the bill better. (b) DUTIES OF ADVISORY COUNCIL.— cation programs in 2001 with the No And I also ask all of our colleagues to (1) ADVISORY DUTIES.—The Advisory Coun- Child Left Behind Act. support this amendment. cil shall advise the Secretary on the impact of green, high-performing schools, on— My amendment simply repeats the Mr. Chairman, I yield back the bal- (A) teaching and learning; requirements already in place under ance of my time. (B) health; the law if schools wish to tap into the b 1315 (C) energy costs; additional $40 billion to renovate or (D) environmental impact; and build new facilities. It’s about account- Mr. KILDEE. I will yield 1 minute to (E) other areas that the Secretary and the ability to taxpayers. the gentleman from Colorado (Mr. Advisory Council deem appropriate. I hope the majority will accept this POLIS). (2) OTHER DUTIES.—The Advisory Council amendment; and they may by arguing Mr. POLIS. Mr. Chairman, I rise shall assist the Secretary in— today in support of both this amend- (A) making recommendations on Federal that every State and every school is al- policies to increase the number of green, ready complying with the law. I wish ment as well as Chairman MILLER’s amendment to the 21st Century Green high-performing schools; that were true, but it’s not. For exam- (B) identifying Federal policies that are ple, according to data from the U.S. High-Performing Public School Facili- barriers to helping States and local edu- Department of Education, within the ties Act. cational agencies make schools green and last year we have seen violations in the I would like to thank Chairman MIL- high-performing; State of Illinois—from Chicago to Cic- LER and Congressman KILDEE and their (C) providing technical assistance and out- ero to Aurora East—where districts are staff for crafting Mr. MILLER’s amend- reach to States and local educational agen- ment that will ensure that all public cies under section 309(c) ; and not offering the public school choice or (D) providing the Secretary such other as- free tutoring required under the law. schools, regardless of their governance structure, including public charter sistance as the Secretary deems appropriate. We have seen similar violations in Mis- (c) CONSULTATION.—In carrying out its du- sissippi, Oregon, New Mexico, and Colo- schools, get their fair share of the ties under subsection (b), the Advisory Coun- rado. funding available under this act to cil shall consult with the Chair of the Coun- We also know there are school dis- modernize and green our schools. cil on Environmental Quality and the heads tricts that openly flaunt their refusal Unfortunately sometimes districts of appropriate Federal agencies, including have complex and difficult relation- the Secretary of Commerce, the Secretary of to provide basic information and equal Energy, the Secretary of Health and Human access to America’s military, even ships with some of the different public charter schools or other jurisdictional Services, the Secretary of Labor, the Admin- though it is a requirement under the istrator of the Environmental Protection law. Representative DUNCAN HUNTER entities under their mandate. Agency, and the Administrator of the Gen- recognized this problem, and he has in- I’ve experienced such problems first- eral Services Administration (through the troduced legislation to tighten the re- hand and know how necessary it is to Office of Federal High-Performance Green quirements under NCLB to ensure fair address this challenge. Buildings). In the table of contents in section 1(b), treatment of our military and fair ac- This amendment requires school dis- tricts to reserve funding for the public after the item relating to section 313, insert cess to information by students. But in the following: the meantime, Congress needs to send charter schools under their jurisdic- tion. It’s equal to those schools’ aggre- Sec. 314. Advisory Council on Green, High- a signal to schools that we’re serious Performing Schools. gate share of the district’s student pop- about accountability, we’re serious The CHAIR. Pursuant to House Reso- about ensuring they comply with these ulation for low-income families. This commonsense amendment clari- lution 427, the gentlewoman from Ne- basic requests—free tutoring, public vada (Ms. TITUS) and a Member opposed school transfers, fair treatment of pri- fies the rules for the fair treatment of public charter schools and will go a each will control 5 minutes. vate schools, and access for military The Chair recognizes the gentle- long way towards avoiding litigation recruiters—in exchange for the billions woman from Nevada. we funnel their way each year. and in-fighting and promoting coopera- Ms. TITUS. Mr. Chairman, I yield I urge my colleagues to join me in tion between all public schools to serve myself as much time as I may con- supporting this amendment. It protects all children. sume. taxpayers, and even more importantly, Mr. KILDEE. I yield back the balance This amendment, which I am offering it protects students. of my time. with my friend and colleague from Col- Mr. Chairman, I reserve the balance The CHAIR. The question is on the orado (Ms. MARKEY), will establish an of my time. amendment offered by the gentleman advisory council to the Secretary of Mr. KILDEE. Mr. Chairman, I rise to from California (Mr. MCKEON). Education on green high-performing claim the time in opposition, although The amendment was agreed to. schools. The council will advise the I am not opposed to the amendment. AMENDMENT NO. 3 OFFERED BY MS. TITUS Secretary on the impact of green high- The CHAIR. Without objection, the The CHAIR. It is now in order to con- performing schools on several out- gentleman from Michigan is recognized sider amendment No. 3 printed in comes, including teaching and learn- for 5 minutes. House Report 111–106. ing, health effects, energy costs, and There was no objection. Ms. TITUS. Mr. Chairman, I have an environmental impacts. The council Mr. KILDEE. Mr. Chairman, I rise to amendment at the desk. will also work with the Secretary to support this amendment. The CHAIR. The Clerk will designate identify Federal policies that are bar- We accept this amendment. It is real- the amendment. riers to helping States to make schools ly saying that if you take money under The text of the amendment is as fol- green and high performing, and it will this program, you have to follow the lows: recommend Federal policies to increase standards that Congress has already Amendment No. 3 offered by Ms. TITUS: the number of such schools. Addition- adopted for ESEA. It is a logical After section 313, insert the following: ally, the council will provide technical

VerDate Nov 24 2008 01:54 May 14, 2009 Jkt 079060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\CR\FM\K13MY7.051 H13MYPT1 rfrederick on PROD1PC67 with HOUSE H5512 CONGRESSIONAL RECORD — HOUSE May 13, 2009 assistance to States and school dis- make tough decisions in today’s econ- I again thank Chairman MILLER, Mr. tricts. omy. KILDEE, Mr. CHANDLER and Mr. The 21st Century High-Performing The Poudre school district in my LOEBSACK. Public School Facilities Act is an im- hometown of Fort Collins, Colorado, I yield back the balance of my time. portant bill that will provide our stu- has seen firsthand the benefits of green The CHAIR. The question is on the dents with a healthy, safe learning en- schools. In 2007 the district received 19 amendment offered by the gentle- vironment, will create jobs, and will ENERGY STAR awards from EPA and woman from Nevada (Ms. TITUS). provide environmental responsibility. Department of Energy. I am proud to The question was taken; and the At the same time, it is moving us clos- say that Kinard Junior High is the Chair announced that the ayes ap- er to the clean energy economy of the most energy-efficient school in Colo- peared to have it. future. rado. Ms. TITUS. Mr. Chairman, I demand Our amendment will provide the Sec- Over the past 15 years, the school dis- a recorded vote. retary with the tools he needs to en- trict has saved nearly $2 million The CHAIR. Pursuant to clause 6 of sure the opportunities outlined in this through its energy conservation efforts rule XVIII, further proceedings on the important bill are available to as many and has seen improved performance amendment offered by the gentle- schools as possible. It will also ensure and attendance for students who at- woman from Nevada will be postponed. that the upgrades made to school fa- tend these healthier schools. AMENDMENT NO. 4 OFFERED BY MR. ROE OF cilities meet the highest standards of This amendment would create an ad- TENNESSEE quality and that the Secretary is al- visory council for the Secretary of The CHAIR. It is now in order to con- ways getting feedback about how to Education to evaluate the benefits of sider amendment No. 4 printed in improve the program. these greener schools and identify the House Report 111–106. I’d like to thank Chairman MILLER roadblocks schools face in achieving Mr. ROE of Tennessee. Mr. Chairman, and Messrs. CHANDLER, KILDEE and these benefits. I have an amendment at the desk. LOEBSACK for their hard work on this On the eastern plains of Colorado, we The CHAIR. The Clerk will designate bill. also have several schools that have in- the amendment. I reserve the balance of my time. corporated wind power into their en- The text of the amendment is as fol- Mr. MCKEON. Mr. Chair, I rise to ergy systems and educational cur- lows: claim time in opposition to this riculum. These schools have installed Amendment No. 4 offered by Mr. ROE of amendment. wind turbines to minimize their energy Tennessee: The CHAIR. The gentleman from costs and to teach students about re- After section 313, insert the following: California is recognized for 5 minutes. newable energy firsthand. SEC. 314. EVALUATION. Mr. MCKEON. I yield myself as much One of the biggest hurdles the dis- (a) EVALUATION.— time as I may consume. trict faces is the lack of technical as- (1) IN GENERAL.—The Secretary shall enter Mr. Chair, creating an advisory coun- into an agreement with the Institute of Edu- sistance in becoming more energy effi- cational Sciences of the Department of Edu- cil to the Secretary of Education on cient. cation to evaluate the impact of projects green high-performing schools makes I am pleased that the bill and this funded under this Act on student academic the government even bigger than it al- amendment specifically provide tech- achievement, including a comparison of stu- ready is. Such a council would expand nical assistance to school districts, and dents attending public schools receiving the Federal Government’s role in I look forward to modernizing Colorado funding under this Act with students attend- school construction to unprecedented schools with the help of this legisla- ing public schools that are not receiving levels. tion. such funding. The Federal Government is big (2) RESEARCH DESIGN; DISSEMINATION.—The I thank Chairman MILLER and Con- Secretary, through a grant, contract, or co- enough, thank you very much. Cre- gressman CHANDLER for their leader- operative agreement, shall— ating a new council dedicated to this ship on this bill and Congresswoman (A) ensure that the evaluation described in purpose will only serve to expand and TITUS for her efforts on this amend- paragraph (1) is conducted using the strong- cement Federal interference in how ment. est possible research design for determining school facilities are maintained. I urge my colleagues to vote yes on the effectiveness of the projects funded The council also would help deter- the bill and the amendment. under this Act; and mine a key concept in successful edu- Mr. MCKEON. Mr. Chair, I yield my- (B) disseminate information on the impact cation policy. The States and the local self the balance of the time. of the projects in increasing the academic achievement of students. You know, as I listen to some of this districts take the lead. The Federal (b) REPORT.—Not later than 1 year after Government offers limited but helpful debate, it’s like by the Federal Govern- the final year for which a grant is made support. ment providing money for the local under this Act, the Secretary shall submit to For these reasons, I oppose this government, it’s free to the local peo- the Committee on Appropriations, and the amendment and urge my colleagues to ple. Committee on Education and Labor, of the vote ‘‘no.’’ The Federal Government only gets House of Representatives, and the Com- I reserve the balance of my time. the money from two places, taxing and mittee on Appropriations, and the Com- Ms. TITUS. Mr. Chairman, I would borrowing, and it all comes eventually mittee on Health, Education, Labor, and Pensions, of the Senate, a report on the re- yield 2 minutes to the gentlelady from from the same people across the coun- sults of the evaluation described in sub- Colorado (Ms. MARKEY). try. section (a). Ms. MARKEY of Colorado. Mr. Chair- I think that the Federal Government (c) PUBLIC AVAILABILITY.—Following the man, I rise today in strong support of has been steadily consuming more tax- submission of the report under subsection H.R. 2187 and to speak on behalf of my payer dollars and slowly taking con- (b), all reports and underlying data gathered amendment with my colleague Ms. trol—actually not slowly, it’s been pursuant to this section shall be made avail- TITUS of Nevada. quite rapidly in the last few months— able, in a timely manner, to the public upon The 21st Century Green High-Per- over what used to be State or local de- request. (d) RULE OF CONSTRUCTION.—Nothing in forming Public School Facilities Act is cisions. Adding an advisory council for this section shall be construed to permit the important and necessary legislation green schools does not help. In fact, it disclosure of any personally identifiable in- that will improve the learning environ- makes the problems worse. formation regarding a student, except to the ment for our children, reduce energy Once again, I urge a no vote to help parents of the student. costs and create new jobs across the keep Federal growth under control. (e) LIMIT ON AMOUNT EXPENDED.—The country. I yield back the balance of my time. amount expended by the Secretary to carry Green schools not only save school Ms. TITUS. Mr. Chairman, I would out this section for a fiscal year shall not ex- districts money but also teach the im- urge just urge my colleagues to vote in ceed 0.5 percent of the total amount appro- priated to carry out this Act for such fiscal portance of sustainable living to chil- favor of this because we see this coun- year. dren at a young age. cil as a facilitator that will help with In the table of contents in section 1(b), I know that schools in my own dis- coordination, efficiency, best practices after the item relating to section 313, insert trict of Colorado have been forced to and accountability. the following:

VerDate Nov 24 2008 01:54 May 14, 2009 Jkt 079060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\CR\FM\K13MY7.054 H13MYPT1 rfrederick on PROD1PC67 with HOUSE May 13, 2009 CONGRESSIONAL RECORD — HOUSE H5513 Sec. 314. Evaluation. AMENDMENT NO. 5 OFFERED BY MR. ELLSWORTH Again, I’d like to thank Congressman The CHAIR. Pursuant to House Reso- Mr. ELLSWORTH. Mr. Chairman, I CHANDLER, Chairman MILLER and of all lution 427, the gentleman from Ten- have an amendment at the desk. my colleagues for their hard work on nessee (Mr. ROE) and a Member opposed The CHAIR. The Clerk will designate this bill. each will control 5 minutes. the amendment. I reserve the balance of my time. The Chair recognizes the gentleman The text of the amendment is as fol- Mr. MCKEON. Mr. Chairman, I claim from Tennessee. lows: time in opposition, although I do not Mr. ROE of Tennessee. I yield myself Amendment No. 5 offered by Mr. ELLS- oppose the amendment. WORTH: as much time as I may consume. In section 309, redesignate subsection (c) as The CHAIR. Without objection, the Mr. Chairman, the amendment is subsection (d). gentleman from California is recog- simple, straightforward and hopefully In section 309, insert after subsection (b) nized for 5 minutes. noncontroversial. It adds a bit of ac- the following: There was no objection. countability to this legislation by re- (c) RULE OF CONSTRUCTION.—Nothing in Mr. MCKEON. I yield myself as much quiring the Institute of Education this section shall be construed to prohibit a time as I may consume. Sciences within the Department of local educational agency from using sustain- able, domestic hardwood lumber as Mr. Chairman, this amendment Education to study the impact the Fed- ascertained through the forest inventory and would allow school districts to use sus- eral school construction dollars have analysis program of the Forest Service of the tainable domestic hardwood for on the institutions that are receiving Department of Agriculture under the Forest projects approved under this program the funds. and Rangeland Renewable Resources Re- and would require districts to report I know proponents of this legislation search Act of 1978 (16 U.S.C. 1641 et seq.) for when they have used renewable re- will say that school construction does public school modernization, renovation, re- sources. impact performance, and they may be pairs, or construction. Schools should be able to use the In section 310(a)(5)(C)(ii), insert ‘‘and re- correct. I am skeptical of the claim. So newable’’ after ‘‘sustainable’’. products that work best for their I am asking for the opportunity to The CHAIR. Pursuant to House Reso- projects, and domestic hardwood study the effects of school construction lution 427, the gentleman from Indiana should be no exception. on student performance. While I am supporting the amend- (Mr. ELLSWORTH) and a Member op- This amendment would require the posed each will control 5 minutes. ment, I do not believe an additional re- institute to issue a report a year after The Chair recognizes the gentleman porting requirement is necessary. The the schools have issued construction from Indiana. underlying bill already has several re- funding and report the impact the Mr. ELLSWORTH. Mr. Chairman, I porting requirements, and we’re debat- funding has. I am hopeful that such a yield myself as much time as I may ing an amendment for an additional report could provide valuable insights consume. GAO report later today as well. into the best use of taxpayer dollars. I would like to thank the bill’s spon- Each report adds costs to the district I know Mr. CUELLAR wanted to be sors, Congressman CHANDLER, Chair- and the government, which means that here today to speak in favor. It’s nice man MILLER and the members of the is less money for the actual project. to have bipartisan support for account- Education and Labor Committee for I support knowing what our Federal ability. their hard work to help provide stu- dollars are being used for, but I do not I urge adoption of the amendment. dents with modern facilities that will think we need a mandate to report for I reserve the balance of my time. help them succeed. every step in the process. Mr. KILDEE. Mr. Chairman, I claim My amendment seeks to clarify that I yield back the balance of my time. time in opposition, although I am not nothing in the underlying bill shall be Mr. ELLSWORTH. I yield back the opposed to the amendment. construed to prohibit a local edu- balance of my time. The CHAIR. Without objection, the cational agency from using sustain- The CHAIR. The question is on the gentleman from Michigan is recognized able, domestic hardwood lumber for amendment offered by the gentleman for 5 minutes. public school modernization, renova- from Indiana (Mr. ELLSWORTH). There was no objection. tion, repairs or construction. The question was taken; and the Mr. KILDEE. Mr. Chairman, this Our Nation’s hardwood lumber pro- Chair announced that the ayes ap- amendment calls for the Department of ducers are careful stewards of a valu- peared to have it. Education’s Institute of Education able resource, and their efforts make Mr. ELLSWORTH. Mr. Chairman, I Sciences to study the impact of domestic hardwood lumber abundant demand a recorded vote. projects funded by this bill on student and sustainable. The CHAIR. Pursuant to clause 6 of achievement. These producers are small family rule XVIII, further proceedings on the Student achievement is one of the landowners and business, and their amendment offered by the gentleman benefits of this bill. It will also bring small size has made it difficult to be from Indiana will be postponed. health, economic, energy and environ- certified by green building programs. mental benefits. I believe it is clear Because of this, domestic hardwood b 1330 that students learn better when they lumber is not currently listed as a pre- AMENDMENT NO. 6 OFFERED BY MR. MCKEON are in better facilities, but I certainly ferred material by programs such as The CHAIR. It is now in order to con- have no objection to a regular study of LEED or Green Globes, although hard- sider amendment No. 6 printed in the issue. wood producers are working to correct House Report 111–106. I urge my colleagues to support this the situation. Mr. MCKEON. As the designee of Mr. amendment. H.R. 2187 wisely offers educational FLAKE, I have an amendment at the I yield back the balance of my time. agencies with some flexibility in choos- desk. Mr. ROE of Tennessee. Mr. Chairman, ing a green building certification pro- The CHAIR. The Clerk will designate I urge adoption of my amendment. gram. And as these programs adopt the amendment. I yield back the balance of my time. new provisions and account for new ad- The text of the amendment is as fol- The CHAIR. The question is on the vances in environmentally friendly lows: amendment offered by the gentleman building, my amendment clarifies for Amendment No. 6 offered by Mr. MCKEON: from Tennessee (Mr. ROE). local education officials that domestic In section 311, add at the end the following: The question was taken; and the hardwood lumber is not prohibited for (c) PROHIBITION ON EARMARKS.—None of the Chair announced that the ayes ap- use in this construction. funds appropriated under this section may be peared to have it. It is my hope that green building cer- used for a Congressional earmark as defined Mr. KILDEE. Mr. Chairman, I de- tification programs will soon recognize in clause 9(d) of rule XXI of the Rules of the mand a recorded vote. the environmental value of sustainable House of Representatives. The CHAIR. Pursuant to clause 6 of use of domestic hardwood lumber. The CHAIR. Pursuant to House Reso- rule XVIII, further proceedings on the In the meantime, I urge my col- lution 427, the gentleman from Cali- amendment offered by the gentleman leagues to make sure this resource re- fornia (Mr. MCKEON) and a Member op- from Tennessee will be postponed. mains available to our school facilities. posed each will control 5 minutes.

VerDate Nov 24 2008 02:08 May 14, 2009 Jkt 079060 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 E:\CR\FM\A13MY7.019 H13MYPT1 rfrederick on PROD1PC67 with HOUSE H5514 CONGRESSIONAL RECORD — HOUSE May 13, 2009 The Chair recognizes the gentleman on green schools and green education, amendment, and I would support that from California. and he has contributed substantially to amendment and ask my colleagues to Mr. MCKEON. Mr. Chairman, this the quality of this amendment. I am support that amendment. amendment will prevent any funds ap- indebted and grateful to him for his Mr. Chairman, we are moving along a propriated under this act from being work. little quicker than we thought, and targeted to congressional earmarks. Greening our society represents both that’s why Mr. FLAKE wasn’t able to This is a commonsense amendment a tremendous opportunity and an ur- get here for his amendment, but he has that surely we can all agree on. Mem- gent imperative. For the sake of our arrived, and at this time I yield him bers should not see this program as a economy, our national security, the en- such time as he may consume. new pot of money for earmark projects vironment, our public health, we must Mr. FLAKE. I appreciate the gen- in their district. make the transition to greener tech- tleman for yielding. I appreciate that Mr. Chairman, I reserve the balance nologies without delay. he offered the amendment on my be- of my time. The bill before us recognizes the im- half and that it was accepted. Mr. KILDEE. Mr. Chairman, I rise to portance of making this transition in The prior amendment is simply to claim the time in opposition, although our Nation’s schools. This legislation ensure that the programs done here are not earmarked later. Now, we’ve had I am not opposed to the amendment. will facilitate the adoption of green that problem in prior bills. People say, The CHAIR. Without objection, the technologies in the buildings where our well, this isn’t set up for earmarks. gentleman from Michigan is recognized children spend their days learning. This is going to be distributed, this for 5 minutes. This will reduce the environmental money, in a merit-based way. But then There was no objection. footprint and improve the learning en- a few years later, that account from Mr. KILDEE. We have no objection to vironment of schools across the Na- which the money is drawn is com- this amendment on this bill, Mr. Chair- tion. pletely earmarked, and those schools, man, and I yield back the balance of But more than that, green projects in this case, or other groups who apply my time. represent a significant opportunity to for the money can no longer get access Mr. MCKEON. Mr. Chairman, this is a enhance our students’ education. The to it because it’s completely ear- commonsense amendment that ensures purpose of this amendment is to cap- marked. So I think that this is an im- our Federal dollars are not authorizing italize on this opportunity. The amend- portant amendment, and I appreciate pet projects for our colleagues. I appre- ment would encourage schools receiv- the ranking minority member offering ciate the gentleman from Arizona’s of- ing funds to educate their students it on my behalf and the majority for fering it, and I urge its support. about the projects that they have un- accepting it. Mr. Chairman, I yield back the bal- dertaken. This includes both how the Mr. MCKEON. Mr. Chairman, I urge ance of my time. projects function as well as the envi- support of the gentlewoman’s amend- The CHAIR. The question is on the ronmental, energy, and sustainability ment, and I yield back the balance of amendment offered by the gentleman benefits. Adding an educational compo- my time. from California (Mr. MCKEON). nent to these projects will serve two Ms. GIFFORDS. Mr. Chairman, I The amendment was agreed to. important goals: yield 2 minutes to my colleague from AMENDMENT NO. 7 OFFERED BY MS. GIFFORDS First, it will provide an opportunity Missouri (Mr. CLEAVER). The CHAIR. It is now in order to con- to teach students about how to use our Mr. CLEAVER. Mr. Chairman, there sider amendment No. 7 printed in natural resources in terms of the way is perhaps no need for me to use the 2 House Report 111–106. it affects the world around us economi- minutes since there’s no opposition. I Ms. GIFFORDS. Mr. Chair, I have an cally, environmentally, and even geo- would like to commend my colleague amendment at the desk. politically. Second, it will expose stu- from Arizona for the vision of submit- The CHAIR. The Clerk will designate dents to new technologies and show ting this amendment. Mr. Chairman, the truth of the mat- the amendment. them how they can solve problems ter is that 20 percent, 20 percent, of The text of the amendment is as fol- through creativity and innovation. We Americans go to school each day, not lows: live in an increasingly technological unlike the pages who are here in Wash- Amendment No. 7 offered by Ms. GIFFORDS: world; we must take every opportunity to inspire our kids and equip them with ington, who go to school every single In the table of contents in section 1(b) of day. And when you consider that 20 the bill, add at the end the following: the skills that they’re going to need for percent of the population is in school, Sec. 314. Education regarding projects. 21st-century problems. I know firsthand from the experience if we take advantage of the fact that At the end of the bill, add the following: they are in school to teach them why SEC. 314. EDUCATION REGARDING PROJECTS. of schools in my own district the value of green technologies and school build- and how we are greening America by A local educational agency receiving funds beginning to green their schools, it ing and curriculum. Schools like under this Act may encourage schools at cannot help but build an America, our Civano Elementary and Empire High which projects are undertaken with such Nation, in a manner that will utilize to funds to educate students about the project, are reaping the benefits of exposing the best of the ability of its people the including, as appropriate, the functioning of their students to solar power and other resources we have. the project and its environmental, energy, green technologies. This amendment sustainability, and other benefits. So I commend the gentlewoman from would encourage others to follow their Arizona. I also appreciate the support The CHAIR. Pursuant to House Reso- lead. for this amendment from the other lution 427, the gentlewoman from Ari- Mr. Chair, I reserve the balance of side. zona (Ms. GIFFORDS) and a Member op- my time. Ms. GIFFORDS. Mr. Chairman, I posed each will control 5 minutes. Mr. MCKEON. Mr. Chairman, I ask yield myself the balance of my time. The Chair recognizes the gentle- unanimous consent to claim the time The 21st Century Green High-Per- woman from Arizona. in opposition to the amendment, forming Public School Facilities Act Ms. GIFFORDS. Mr. Chair, I yield though I am not opposed to the amend- addresses critical infrastructure needs 1 myself 2 ⁄2 minutes. ment. in our Nation’s schools. Let us ensure First I would like to thank Chairman The CHAIR. Without objection, the that it addresses critical educational MILLER for his work to bring this im- gentleman from California is recog- needs as well. portant legislation back to the floor of nized for 5 minutes. I urge my colleagues to adopt this this Congress. I appreciate his willing- There was no objection. amendment and once again thank ness to work with me and my cospon- Mr. MCKEON. Mr. Chairman, while Chairman MILLER for his leadership on sor, Representative CLEAVER, on this there’s debate on whether funding this legislation. amendment. school construction is a proper role of Mr. Chairman, I yield back the bal- Second, I would like to extend a spe- the Federal Government, it’s difficult ance of my time. cial thank you to my colleague STEVE to argue that any such program should The CHAIR. The question is on the ISRAEL from New York. Representative not contain an educational component. amendment offered by the gentle- ISRAEL has done a lot of excellent work I commend the gentlewoman for her woman from Arizona (Ms. GIFFORDS).

VerDate Nov 24 2008 02:08 May 14, 2009 Jkt 079060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 E:\CR\FM\K13MY7.062 H13MYPT1 rfrederick on PROD1PC67 with HOUSE May 13, 2009 CONGRESSIONAL RECORD — HOUSE H5515 The question was taken; and the 33 years, I can stand here today and I believe this is a good amendment Chair announced that the ayes ap- tell you that communication during that will contribute to our children’s peared to have it. emergencies is so critical. They’re and their teachers’ safety, and I urge Ms. GIFFORDS. Mr. Chairman, I de- needed to bring everybody together to support of the amendment. mand a recorded vote. communicate to make sure that every- Mr. Chairman, I yield back the bal- The CHAIR. Pursuant to clause 6 of one involved in a tragedy, in an emer- ance of my time. rule XVIII, further proceedings on the gency, is safe. Mr. REICHERT. Mr. Chairman, I amendment offered by the gentle- For example, during the Columbine wish to thank the chairman for his woman from Arizona will be postponed. tragedy, first responders knew that support of this amendment and also AMENDMENT NO. 8 OFFERED BY MR. REICHERT students were trapped in the library the previous amendment I presented The CHAIR. It is now in order to con- with the shooters. However, they didn’t last Congress, which goes to reduce sider amendment No. 8 printed in know where the library was located; so class size. So I appreciate the support House Report 111–106. they didn’t know where to go. Twelve on both amendments. Mr. REICHERT. Mr. Chairman, I students and one teacher lost their Mr. Chairman, I yield back the bal- have an amendment at the desk. lives that day while 21 more students ance of my time. The CHAIR. The Clerk will designate were injured. The CHAIR. The question is on the the amendment. Incident planning and mapping sys- amendment offered by the gentleman The text of the amendment is as fol- tems, ‘‘school mapping,’’ as it’s more from Washington (Mr. REICHERT). lows: commonly known, and notification and The amendment was agreed to. alert systems are essential. Cameras Amendment No. 8 offered by Mr. REICHERT: b 1345 In section 103(3), before the semicolon at and other Web-based emergency pre- AMENDMENT NO. 9 OFFERED BY MR. MAFFEI the end, insert the following: ‘‘and installing paredness and crisis management sys- or upgrading technology to ensure that tems exist today to improve school se- The CHAIR. It is now in order to con- schools are able to respond to emergencies curity and prevent future tragedies sider amendment No. 9 printed in such as acts of terrorism, campus violence, from occurring by enabling schools to House Report 111–106. and natural disasters’’. prepare for the unthinkable. My Mr. MAFFEI. Mr. Chairman, I have The CHAIR. Pursuant to House Reso- amendment would provide the funds so an amendment at the desk. lution 427, the gentleman from Wash- that schools are able to provide the The CHAIR. The Clerk will designate ington (Mr. REICHERT) and a Member highest level of protection to their stu- the amendment. opposed each will control 5 minutes. dents and their teachers. The text of the amendment is as fol- The Chair recognizes the gentleman In my home State of Washington, a lows: from Washington. tragedy was successfully avoided at Amendment No. 9 offered by Mr. MAFFEI: Mr. REICHERT. Mr. Chairman, today Lewis and Clark High School in Spo- In the table of contents in section 1(b) of we are considering legislation to im- kane, Washington, using these types of the bill, add at the end the following: prove the condition of our elementary safety measures. In September of 2003, Sec. 314. Job Corps. Sec. 315. Junior and community college stu- and secondary schools. I can think of a school shooting at Lewis and Clark High School was successfully resolved dents. nothing more fundamental to creating At the end of the bill, add the following: an optimal learning environment for without loss of life. A student fired a gun in a classroom, and thanks to the SEC. 314. JOB CORPS. our children than ensuring that our The Secretary of Education, in consulta- schools are safe, secure places for them system that they put in place at that tion with the Secretary of Labor, shall work to learn and grow. Safety is an integral school, they were able to respond with recipients of funds under this Act to part to fostering a positive learning en- quickly, know where the rooms were, promote appropriate opportunities for indi- vironment. Students can learn best and know where the shooter was, know viduals enrolled in the Job Corps program teachers can teach best when they where the incident was taking place, carried out under subtitle C of title I of the Workforce Investment Act of 1998 (29 U.S.C. don’t feel endangered or threatened. and evacuate students, 2,000 students, by the way, and resolve this crisis with 2881 et seq.) to gain employment experience Parents also deserve the peace of mind on modernization, renovation, repair, and knowing that their children will be no injuries and no deaths. Emergencies come in many forms. construction projects funded under this Act. safe when they drop them off at school We have a responsibility to ensure that SEC. 315. JUNIOR AND COMMUNITY COLLEGE in the mornings. STUDENTS. The rise in school violence in recent our schools are equipped with all the The Secretary of Education, in consulta- years highlights the need for improve- tools necessary to prevent and effec- tion with the Secretary of Labor, shall work ments in school safety measures. While tively respond to all emergencies. In with recipients of funds under this Act to the bill provides funds for bringing addition to building modern schools promote appropriate opportunities for indi- viduals enrolled in a junior or community schools into compliance with fire and with minimal environmental impact, we should build schools for the 21st college (as defined in section 312(f) of the health safety codes, the bill does not Higher Education Act of 1965 (20 U.S.C. currently provide funding to help en- century with technology and modern equipment that create safe environ- 1088(f))) certificate or degree program relat- sure that schools are prepared for other ing to projects described in section 309(a) to emergencies like, unfortunately, ments for teaching and encouraging gain employment experience working on school shootings. learning. such projects funded under this Act. Mr. Chairman, this amendment is My amendment is simple. It permits The CHAIR. Pursuant to House Reso- simple, it’s straightforward, and it will funds to be used for upgrading or in- lution 427, the gentleman from New ultimately improve school safety and stalling technology to ensure schools York (Mr. MAFFEI) and a Member op- protect our children. It’s been endorsed are prepared and able to respond to posed each will control 5 minutes. by the National Sheriffs Association, emergencies like campus violence, acts The Chair recognizes the gentleman and I urge my colleagues to support of terrorism, and natural disasters. It from New York. this commonsense amendment. is essential that we equip our schools Mr. Chairman, I reserve the balance Mr. MAFFEI. Mr. Chairman, I yield with the tools needed to protect our of my time. myself as much time as I would con- teachers, our students, and school ad- Mr. KILDEE. Mr. Chairman, I rise to sume. ministrators during times of crisis and claim time in opposition to the amend- Mr. Chairman, this is a very simple violence. ment, although I will not oppose it. amendment that would require the You know, it’s sad that we come to The CHAIR. Without objection, the Secretary of Education, in consulta- understand the need for these funds to gentleman from Michigan is recognized tion with the Secretary of Labor, to be spent on these heartbreaking trage- for 5 minutes. work with funding recipients to pro- dies like those at Virginia Tech and There was no objection. mote opportunities for individuals en- Columbine, where so many innocent Mr. KILDEE. Mr. REICHERT and I rolled in Job Corps to gain employment lives were lost and families were torn have done this similarly before. experience on modernization, repair, apart by the loss of a son or daughter, I think a few months ago, I accepted and construction projects funded under husband or wife. And as a former cop of one of your amendments. this act.

VerDate Nov 24 2008 02:08 May 14, 2009 Jkt 079060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\CR\FM\K13MY7.066 H13MYPT1 rfrederick on PROD1PC67 with HOUSE H5516 CONGRESSIONAL RECORD — HOUSE May 13, 2009 The amendment would also require Renovating, modernizing, and constructing of 2007, a tornado destroyed Enterprise the Secretary of Education, in con- green schools offers hands-on learning oppor- High School in Enterprise, Alabama, sultation with the Secretary of Labor, tunities for students, ensuring that they are killing eight school-aged children. Two to work with recipients of funds to pro- provided opportunities to learn new tech- years later, Enterprise High School is mote appropriate opportunities for in- niques, new trades, in a new green economy. still in the process of rebuilding and dividuals enrolled in a junior or com- This amendment will help to further ensure has exhausted all avenues for the addi- munity college. This is, I think, a pret- that our nation’s young people are prepared tional needed funds to complete the ty noncontroversial amendment that for the jobs of the future. school. just allows additional help in getting I yield back the balance of my time. I cite the example in Enterprise be- people to work, young people to work, The CHAIR. The question is on the cause other school districts across the and giving them needed skills. amendment offered by the gentleman country will have similar issues as I reserve the balance of my time. from New York (Mr. MAFFEI). they recover from natural disasters. Mr. MCKEON. Mr. Chairman, I claim The amendment was agreed to. Over the past 2 months, my district the time in opposition, although I do AMENDMENT NO. 10 OFFERED BY MR. BRIGHT alone has seen flooding, storms, and tornados that have led to at least one not oppose the amendment. The CHAIR. It is now in order to con- Federal disaster declaration, and an- The CHAIR. Without objection, the sider amendment No. 10 printed in other is being considered. Small towns gentleman from California is recog- House Report 111–106. across America are simply not nized for 5 minutes. Mr. BRIGHT. Mr. Chairman, I have equipped to rebuild a mainstay in their There was no objection. an amendment at the desk. community, such as a school, when Mr. MCKEON. I ask that our col- The CHAIR. The Clerk will designate they are severely damaged or de- leagues support this amendment. While the amendment. I do not support the underlying bill, I stroyed. The text of the amendment is as fol- This is a way for the Federal Govern- think this amendment makes the bill lows: stronger. I appreciate the gentleman ment to lend a helping hand when local Amendment No. 10 offered by Mr. BRIGHT: offering it, and I urge all our col- school districts need their help. More- In section 102(a), add at the end the fol- over, I am a believer in the old adage leagues to support it. lowing: that if you are going to do something, I yield back the balance of my time. (3) DISTRESSED AREAS AND NATURAL DISAS- Mr. MAFFEI. Mr. Chairman, I urge TERS.—From the amount appropriated to do it right. Rebuilding and repairing my colleagues to support my amend- carry out this title for each fiscal year pur- these schools to 21st century and envi- ment. suant to section 311(a), the Secretary shall ronmentally efficient standards will I rise to offer an amendment that enables reserve 5 percent of such amount for grants help create a positive and healthy job opportunities provided under the 21st Cen- to— learning experience for our children. tury Green High-Performing Schools Act to be (A) local educational agencies serving geo- The families and students who utilize graphic areas with significant economic dis- these schools will be able to take pride accessible to students enrolled in Job Corps tress, to be used consistent with the purpose and community colleges. described in section 101 and the allowable in them for years to come. The Maffei/Schwartz amendment adds to uses of funds described in section 103; and This is a simple but important the existing requirements of the bill which re- (B) local educational agencies serving geo- amendment. I urge its passage. quires the Secretary of Education, in consulta- graphic areas recovering from a natural dis- I reserve the balance of my time tion with the Secretary of Labor, to work with aster, to be used consistent with the purpose Mr. MCKEON. Mr. Chairman, I claim grant recipients under this Act to promote op- described in section 201 and the allowable the time in opposition to the amend- portunities for participants in Youthbuild pro- uses of funds described in section 203. ment, although I don’t oppose the grams to gain experience on projects funded The CHAIR. Pursuant to House Reso- amendment. The CHAIR. Without objection, the by the bill. lution 427, the gentleman from Ala- In the state of New York and through a na- bama (Mr. BRIGHT) and a Member op- gentleman from California is recog- tionwide campus network, Job Corps provides posed each will control 5 minutes. nized for 5 minutes. There was no objection. a complete range of career development serv- The Chair recognizes the gentleman Mr. MCKEON. Although I oppose the from Alabama. ices to at-risk young women and men, ages underlying bill because it spends too Mr. BRIGHT. I yield myself such 16 to 24, to prepare them for successful ca- much, borrows too much, and takes too time as I may consume. reers. Job Corps differs from Youthbuild in much control for the Federal Govern- Mr. Chairman, I rise today in support that it targets at-risk youth and operates pro- ment, in fairness, if it’s going to be of my amendment to H.R. 2187, the 21st grams at residential facilities. done, this is a good amendment. Job Corps is a critical program that reaches Century Green High-Performing School From brush fires in California to young adults who need opportunities by pro- Facilities Act. This amendment allows flooding in Iowa to tornados in Kansas, viding them with academic training and voca- the Secretary of Education to reserve 5 natural disasters like this take place tional opportunity. percent of section 102 grant funds for all over the country, and this would be My district is in Upstate New York and in- local educational agencies serving geo- a good thing to help those local dis- cludes Syracuse, where each year we place graphic areas with significant eco- tricts if, in fact, the money is going to approximately 400 at-risk youth into the Job nomic distress or recovering from a be spent. For that purpose, I support Corps program. There are real success stories natural disaster. the amendment. from this program, and by allowing funds from In its current form, the bill sets aside I yield back the balance of my time. the Green Schools Act to be utilized for the money for schools damaged in Hurri- Mr. BRIGHT. Mr. Chairman, I am Job Corps program, we will bring opportunity canes Katrina and Rita. Indeed, those happy to yield 1 minute to the gen- and hope to more vulnerable youth in my area two storms caused unprecedented dam- tleman from New Jersey (Mr. AN- and across the country. age to the gulf coast, including my DREWS). Community Colleges are an important gen- home State of Alabama. Mr. ANDREWS. On behalf of the erator of trained, skilled students who can However, Congress would be short- committee, we want to commend the enter the workforce in critical fields. In my dis- sighted if we don’t recognize that nat- gentleman for offering this amend- trict, Onondaga Community College has cre- ural disasters happen across the coun- ment. ated the Sustainability Institute. The institute try. Whether it’s wildfires in the West, Mr. Chairman, there are some mis- will train students in installation of geothermal floods in the Midwest, ice storms in the conceptions about Hurricanes Katrina and wind systems, which are both expanding North, hurricanes in the South and the and Rita. One of the misconceptions is fields but severely lack adequately trained gulf, or tornados across the country, that the devastation people felt in New workers in Central New York. The Sustain- our schools are damaged when Mother Orleans was pretty much the sole ex- ability Institute has been endorsed by the New Nature strikes. tent of that. York US Green Buildings Council because a The specific need for this amendment The gentleman, I think, has done the green workforce is our future, but we are woe- came to my attention because of the institution a great service by pointing fully under-trained and -prepared to embrace ongoing struggles that a community in out that the disaster was very wide- this new economic engine. my district has experienced. In March spread. There is still an urgent need in

VerDate Nov 24 2008 03:00 May 14, 2009 Jkt 079060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\CR\FM\K13MY7.071 H13MYPT1 rfrederick on PROD1PC67 with HOUSE May 13, 2009 CONGRESSIONAL RECORD — HOUSE H5517 his area and other areas throughout I rise today in support of the Bright- In section 310(a)(5)(D) of the bill, after the region, and as we invest funds in Kosmas-Cuellar-Green amendment. I ‘‘quality,’’ insert ‘‘student and staff health renovation and improvement of am proud to be a cosponsor of this im- (including with reference to reducing the in- schools, I would think that a very high portant amendment that will set aside cidence and effects of asthma and other res- piratory illnesses),’’. priority should go to the types of com- funds for the schools that need it most. munities that are covered by this The bill we are considering will pro- The CHAIR. Pursuant to House Reso- amendment. vide critical funds to modernize our lution 427, the gentleman from Ala- So the committee believes that this schools and to turn them into green bama (Mr. GRIFFITH) and a Member op- amendment is very well considered, it buildings, which will help our environ- posed each will control 5 minutes. will do a great service, it’s an accurate ment, reduce energy consumption and The Chair recognizes the gentleman reflection of priorities, and we wish to costs for school districts, and create from Alabama. commend the gentleman for offering jobs in the process. However, we must Mr. GRIFFITH. Mr. Chairman, I the amendment. As a new Member, I take into account that many school yield myself such time as I might con- think he has come up with a creative districts across the country are suf- sume. solution. We enthusiastically support fering greatly from the economic Mr. Chairman, this amendment the amendment. downturn or have been affected by re- would instruct State educational agen- Mr. BRIGHT. Mr. Chairman, I am cent natural disasters. cies on how improvements in indoor happy to yield 1 minute to the gen- Central Florida, where I reside, has environmental quality can help reduce tleman from Texas (Mr. CUELLAR). been hit very hard by two devastating asthma and other respiratory illnesses Mr. CUELLAR. Mr. Chairman, I rise forces, both the recession and natural in the classroom and in our children. in support of this important amend- disasters. As a result, our education Asthma has reached an epidemic pro- ment to help school districts hit by the system is experiencing a budget crisis portion in our country, affecting 20 economic downturn or by natural dis- that has only been temporarily re- million of all ages, but children in par- asters so they can recover faster. lieved through the American Recovery ticular. To paraphrase the gentleman from and Reinvestment Act. I have two good friends who lost chil- California, Chairman MILLER, school Many of our schools still do not have dren due to asthma-related attacks at construction is the economic stimulus the money in their budgets to complete school. We must do everything we can for struggling communities. It achieves basic repairs, let alone repairs needed to help improve air quality for our stu- two key objectives: creating jobs and following hurricanes in recent years. dents so no one else ever has to suffer laying out the educational foundation This funding will ensure that schools this tragic loss. for future prosperity. will not only be able to make those re- b 1400 As the chairman of the Emergency pairs, but also to make them green, Communications, Preparedness, and bring them up to safety codes, and cre- Almost 1 in 13 children the age of 18 Response Subcommittee of Homeland ate overall healthier learning environ- has asthma, and the percentage of chil- Security, I have seen firsthand how ments. dren with this illness is rising more challenging it is to rebuild a school This is not only a problem in central rapidly with our preschoolers than in after a disaster, a problem that is only Florida. Numerous regions throughout any other age group. magnified in those difficult economic the country are experiencing similar Asthma is the leading cause of times. As communities pick up the problems. missed school days due to chronic ill- pieces after a disaster, many students Mr. MCKEON. I yield back the bal- nesses, causing our kids to miss more are left with damaged schools or no ance of my time. than 14 million days of school. When place to learn, leading them to fall far- The CHAIR. The question is on the our children are absent, they are no ther and farther behind. amendment offered by the gentleman longer able to keep up; falling behind. We cannot erase the pain and suf- from Alabama (Mr. BRIGHT). And American can no longer afford fering, but one of the things we can do The question was taken; and the this. Our children also get left behind with this particular amendment that Chair announced that the ayes ap- when their teachers and school staff we are all cosponsoring is that we pro- peared to have it. are sick. vide American students a decent place Mr. ANDREWS. Mr. Chairman, I de- We cannot sit on the sidelines and to learn. mand a recorded vote. handicap our schools by failing to ad- Mr. BRIGHT. Mr. Chairman, I am The CHAIR. Pursuant to clause 6 of dress the detrimental effect of poor in- happy to yield 30 seconds of my time to rule XVIII, further proceedings on the door air quality on our students’ con- the gentleman from Texas (Mr. AL amendment offered by the gentleman centration, attendance, and perform- GREEN). from Alabama will be postponed. ance in school. Mr. AL GREEN of Texas. I thank the AMENDMENT NO. 11 OFFERED BY MR. GRIFFITH This is an easily fixable situation. chairman for yielding. This is a great The CHAIR. It is now in order to con- The adoption of this amendment would piece of legislation that you have al- sider amendment No. 11 printed in help improve indoor air quality and lowed me to cosponsor with you. House Report 111–106. better the lives of 56 million Americans This is going to help the schools in Mr. GRIFFITH. Mr. Chairman, I have who spend their days in elementary my district. Many of them have suf- an amendment at the desk. and secondary schools. fered enormous damage. The CHAIR. The Clerk will designate Mr. Chairman, I reserve the balance This Member has done us a service. I the amendment. of my time. salute him for what he has done. I also The text of the amendment is as fol- Mr. MCKEON. Mr. Chairman, I claim thank the ranking member, Mr. lows: time in opposition to the amendment, MCKEON, for agreeing to the amend- Amendment No. 11 offered by Mr. GRIF- although I do not oppose the amend- ment. FITH: ment. The CHAIR. The gentleman’s time In section 102(b)(2)(C)(v) of the bill, strike has expired. The Acting CHAIR (Mr. PASTOR of ‘‘air quality,’’ and insert ‘‘air quality (in- Arizona). Without objection, the gen- Mr. BRIGHT. Mr. Chairman, I ask cluding with reference to reducing the inci- unanimous consent that the time be dence and effects of asthma and other res- tleman from California is recognized extended by 1 minute on each side. piratory illnesses),’’. for 5 minutes. The CHAIR. Is there objection to the In section 103(12), strike ‘‘through (11)’’ and There was no objection. request of the gentleman from Ala- insert ‘‘through (12)’’. Mr. MCKEON. I support this amend- bama? In section 103, redesignate paragraphs (11) ment, I encourage our colleagues to There was no objection. and (12) as paragraphs (12) and (13), respec- support the amendment, and I reserve tively. the balance of my time. Mr. BRIGHT. Mr. Chairman, I yield In section 103, insert after paragraph (10) my remaining time to the gentlelady the following: Mr. GRIFFITH. Mr. Chairman, I from Florida (Ms. KOSMAS). (11) measures designed to reduce or elimi- thank my colleague. I am happy to Ms. KOSMAS. Thank you, Congress- nate human exposure to airborne particles yield 2 minutes to the gentleman from man BRIGHT. such as dust, sand, and pollens; New Mexico (Mr. TEAGUE).

VerDate Nov 24 2008 02:15 May 14, 2009 Jkt 079060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\CR\FM\K13MY7.073 H13MYPT1 rfrederick on PROD1PC67 with HOUSE H5518 CONGRESSIONAL RECORD — HOUSE May 13, 2009 Mr. TEAGUE. Mr. Chairman, I rise in Mr. GRIFFITH. Mr. Chairman, I de- issue in my home State of New Mexico, support of the Griffith-Teague amend- mand a recorded vote. where 22 percent of New Mexico chil- ment to H.R. 2187, the 21st Century The Acting CHAIR. Pursuant to dren between the ages of 2 and 5 and 23 Green High-Performing Public School clause 6 of rule XVIII, further pro- percent of high school students are Facilities Act. I’d like to thank Chair- ceedings on the amendment offered by overweight. man MILLER and Chairwoman SLAUGH- the gentleman from Alabama will be Parent and teacher organizations TER for their help in this bill and on postponed. across the country recognize the link this amendment. AMENDMENT NO. 12 OFFERED BY MR. HEINRICH between recreational opportunities, This amendment is about protecting The Acting CHAIR. It is now in order education, and their students’ health. the health of our children. In my dis- to consider amendment No. 12 printed But often, due to budget constraints, trict, schools are oftentimes sur- in House Report 111–106. parents find themselves having to rounded by sand and dust. When the Mr. HEINRICH. Mr. Chairman, I have fundraise for this kind of permanent wind comes, which is almost every day an amendment at the desk. physical education and recreation in New Mexico, this sand and dust is The Acting CHAIR. The Clerk will equipment and facilities on their own. picked up and becomes a part of the air How many of my colleagues here designate the amendment. our children breathe. These particles today have had to bake rice crispy The text of the amendment is as fol- can cause asthma attacks and can give treats for a bake sale or even pass the lows: them other health problems. hat at a PTA meeting to raise the Under our amendment, schools would Amendment No. 12 offered by Mr. money for fitness activities for their HEINRICH: be able to work on facilities to miti- own kids? gate the amount of dust and particles In section 103(12), strike ‘‘through (11)’’ and insert ‘‘through (12)’’. Why do we do this? Because we want in the air. In section 103, redesignate paragraphs (11) our kids to play soccer and basketball; Our schools must be places where the and (12) as paragraphs (12) and (13), respec- we want them to play on swings and health of our children is protected. Our tively. run on the track; and we want our kids kids should not be subjected to dust In section 103, insert after paragraph (10) to learn how to play fair and how to and other particles constantly being the following: win and lose with grace and dignity. blown in their faces. The air they (11) upgrading or installing recreational We do this because we want our kids to breathe should be clean and free of con- structures, including physical education fa- be healthy and happy and successful. taminants. cilities for students, made from post con- With my amendment today, this will sumer recovered materials in accordance I think it is important that this bill be easier to achieve for our children. provides schools with the resources with the comprehensive procurement guide- lines prepared by the Administrator of the We also know the impact that rec- they need to help lessen this problem reational opportunities have on reduc- and protect the health of children. Environmental Protection Agency under sec- tion 6002(e) of the Solid Waste Disposal Act ing classroom discipline problems, in- That is exactly what this amendment (42 U.S.C. 6962(e)); creasing teacher job satisfaction, and does. I urge my colleagues to support The Acting CHAIR. Pursuant to increasing students’ engagement in this amendment to H.R. 2187, and the learning. underlying bill. House Resolution 427, the gentleman from New Mexico (Mr. HEINRICH) and a Permanent physical educational and Mr. MCKEON. I continue to urge our recreational structures not only add to colleagues to support this amendment. Member opposed each will control 5 minutes. children’s education, but also con- I appreciate the gentleman offering it, tribute greatly to their surrounding and I yield back the balance of my The Chair recognizes the gentleman from New Mexico. communities. For many neighbor- time. hoods, school playgrounds are the only Mr. GRIFFITH. Mr. Chairman, I Mr. HEINRICH. Mr. Chairman, I nearby recreational areas where chil- thank my colleagues from California, yield myself such time as I may con- dren are able to engage in physical ac- and would yield 1 minute of my time to sume. Thank you to Chairman MILLER tivity. and Representative CHANDLER for the gentleman from New Jersey (Mr. My amendment would allow this ANDREWS). championing this legislation. grant money to fund the installation of Mr. ANDREWS. I thank the author of Mr. Chair, this amendment that I permanent recreational structures for the amendment for yielding. Mr. Chair- offer today provides a downpayment on schools and physical educational pro- man, on behalf of the committee, we our children’s health and education. would urge support of the amendment. grams that are made from post-con- The bill itself is a forward-thinking in- sumer waste materials. This funding Not only does this amendment do a lot vestment in our children that will cre- of good for children and teachers, it would be utilized to upgrade and install ate clean energy jobs and turn our recreational equipment, such as sur- does a lot of good for the health care schools into high-performing, energy- system. faces used for track, basketball, tennis, efficient learning environments. soccer, and general physical edu- Seventy-five percent of health care My amendment would strengthen expenditures in this country, as I’m cational activities. this long-term investment by including Many American companies have sure the gentleman knows, are attrib- the installation of environmentally utable to chronic illness. Four chronic achieved the creation of permanent friendly physical education facilities, recreational equipment using recycled illnesses are accountable for 80 percent recreational structures, and equipment of that 75 percent. Among them is asth- plastics and rubber rather than wood for our children. Modernized schools and metal. In New Mexico, companies ma. using the most state-of-the-art, envi- So by this very well-crafted amend- install structures today that transform ronmentally friendly building methods ment, not only is the gentleman im- tens of thousands of recycled milk con- and materials will put our children in proving conditions within schools, but tainers into highly durable plastic lum- the best position to compete in a 21st he is making a good first start toward ber. This is just one example of the century economy. dealing with the problem of the health kind of clean energy jobs that would care cost explosion here in our coun- Research shows that recreational result from this amendment. try. We commend a ‘‘yes’’ vote. structures are critical to our children’s Mr. Chair, I strongly believe that Mr. GRIFFITH. I thank my colleague educational environment. Many studies this amendment is good for our schools from New Jersey. Mr. Chairman, I ask show that a child’s ability to spend and good for our economy and, most that my colleagues support this time in physical activity contributes importantly, good for our children. I amendment and the underlying bill. significantly to their development, cre- ask my colleagues to vote ‘‘yes’’ on I yield back the balance of my time. ativity and, most importantly, their this amendment. The Acting CHAIR. The question is ability to focus on academics when I reserve the balance of my time. on the amendment offered by the gen- back in the classroom. Mr. MCKEON. Mr. Chairman, I claim tleman from Alabama (Mr. GRIFFITH). By exerting energy outside the class- the time in opposition to this amend- The question was taken; and the Act- room, students have better attention ment. ing Chair announced that the ayes ap- spans inside the classroom. Physical The Acting CHAIR. The gentleman is peared to have it. activity is an increasingly important recognized for 5 minutes.

VerDate Nov 24 2008 02:15 May 14, 2009 Jkt 079060 PO 00000 Frm 00030 Fmt 7634 Sfmt 0634 E:\CR\FM\K13MY7.077 H13MYPT1 rfrederick on PROD1PC67 with HOUSE May 13, 2009 CONGRESSIONAL RECORD — HOUSE H5519 Mr. MCKEON. I yield myself such country we have an enormous problem I would like to yield 1 minute to my time as I may consume. with obesity. I urge an ‘‘aye’’ vote. colleague who wrote this amendment Mr. Chairman, again, Federal dollars The Acting CHAIR. The time of the with me, and also to speak in support are not free. They don’t appear out of gentleman has expired. The question is of this bill, the gentleman from New nowhere. They come from either taxing on the amendment offered by the gen- Mexico (Mr. LUJA´ N). or borrowing. While, in all due respect, tleman from New Mexico (Mr. Mr. LUJA´ N. Mr. Chairman, I rise I understand what the gentleman is HEINRICH). today to offer an amendment to the saying, but it probably is cheaper for The amendment was agreed to. 21st Century Green High-Performing his constituents to pass the hat or to AMENDMENT NO. 13 OFFERED BY MS. SCHWARTZ Public School Facilities Act. The legis- have bake sales to raise the money The Acting CHAIR. It is now in order lation will renew the foundation of our than to pay for it out of their Federal to consider amendment No. 13 printed Nation’s public school system by re- tax dollars that get siphoned through in House Report 111–106. building our critical educational infra- Washington to get back to New Mexico. Ms. SCHWARTZ. As the designee of structure. By providing assistance to Mr. Chair, we do not need to spend Mr. LUJA´ N of New Mexico, I have an our school districts for the construc- Federal dollars on upgrading swimming amendment at the desk. tion of modern school facilities, we’re pools when this Nation is drowning in The Acting CHAIR. The Clerk will creating a healthier, safer, and more debt. Our deficit is soaring higher designate the amendment. energy-efficient learning environment every day. Proposals like this send it The text of the amendment is as fol- for the next generation of Americans. even higher. lows: I strongly commend Chairman MIL- Recreational structures and physical Amendment No. 13 offered by Ms. LER for his work in bringing this im- education facilities are worthy tools SCHWARTZ: In section 103(12), strike ‘‘through (11)’’ and portant measure to the floor. This that can promote good health among insert ‘‘through (12)’’. amendment, which I have developed in our children, but are they worthy of In section 103, redesignate paragraphs (11) cooperation with Congresswoman taxpayer dollars intended to improve and (12) as paragraphs (12) and (13), respec- SCHWARTZ, would allow these funds to academic achievement? tively. be used for the construction of green- I urge a ‘‘no’’ vote on this amend- In section 103, insert after paragraph (10) houses and gardens as well as planting ment. the following: trees and greenery. Our schools will I reserve the balance of my time. (11) creating greenhouses, gardens (includ- ing trees), and other facilities for environ- benefit from an improved environment, Mr. HEINRICH. I would yield 1 mental, scientific, or other educational pur- additional energy efficiency, and valu- minute to the gentleman from New poses, or to produce energy savings; able educational experiences for chil- Jersey. The Acting CHAIR. Pursuant to dren. Mr. ANDREWS. I thank the author of House Resolution 427, the gentlewoman By expanding the classroom for our the amendment for yielding. On behalf from Pennsylvania (Ms. SCHWARTZ) and children and putting them into a of the committee, I rise in support of a Member opposed each will control 5 greenhouse and garden, we will impart the amendment. minutes. upon them the value of water, biodiver- Mr. Chairman, my friend from Cali- The Chair recognizes the gentle- sity, and respect for the environment. fornia suggested that these funds woman from Pennsylvania. We will be creating better futures for should go to academic improvement. I Ms. SCHWARTZ. I yield myself such our children and all of us. think he implied that these do not. The time as I may consume. Good schools Mr. Chairman, this commonsense research is rather ample. The children take learning beyond classroom walls, amendment would allow for energy ef- who are fit and healthy, do better in and good planners go beyond buildings ficiency and environmental improve- the classroom than those who do not. to look for energy savings opportuni- ments on our Nation’s school and cam- There’s a connection between academic ties. This is the point of my amend- puses. This amendment will add no ad- performance and fitness. ment with Congressman LUJA´ N. I’m ditional cost to the bill, but will great- The second point that I would make very pleased to be able to be offering it. ly benefit the education of our Nation’s mirrors the one we made with ref- The amendment is simple. It adds, students. erence to the previous amendment. Of ‘‘greenhouses, gardens (including I strongly urge my colleagues to sup- the four chronic illnesses that drive trees), and other facilities for environ- port this amendment. the explosion of health care costs in mental, scientific, and other edu- Mr. MCKEON. Mr. Chair, I claim the this country, in addition to asthma, cational purposes or to produce energy time in opposition to the amendment, another is diabetes and the obesity cost savings’’ to the list of allowable and I yield myself such time as I may that often comes with it, childhood uses of these funds. consume. obesity in particular. To improve our school buildings, this The Acting CHAIR. The gentleman So in addition to the academic divi- amendment helps fund additional sav- from California is recognized for 5 min- dends that I think the gentleman’s ings from the natural environment. If utes. amendment produces, it also produces we’re going to build ‘‘green’’ schools, Mr. MCKEON. Mr. Chairman, let me the dividend of yet another down pay- then there’s nothing better than plant- remind the Chamber of a few numbers. ment on control of the health care cost ing trees, gardens, and greenhouses on A million seconds is 12 days. A billion explosion. school property. seconds is 36 years. And a trillion sec- We believe that the amendment is These uses would enable our schools onds is over 36,000 years. entirely suitable. It will be used in an to save energy and it would improve While we have been talking on this innovative way that will provide na- school appearance and it would create bill, our national debt has gone up $300 tional models for school districts more learning opportunities for our million. around the country. We’d urge a ‘‘yes’’ students. A few other numbers. Forty billion vote in favor of the amendment. According to the U.S. Department of dollars; $1.84 trillion; $11 trillion. Mr. MCKEON. I yield myself the bal- Energy, carefully positioned trees save That’s the cost of this bill—the $40 bil- ance of my time. I ask my colleagues up to 25 percent of a household’s en- lion; this year’s deficit currently—$1.84 to vote ‘‘no’’ on this amendment. Fed- ergy consumption for heating and cool- trillion; and our national debt—$11 tril- eral interference in school facility ing. It can certainly do the same—or at lion. maintenance is troubling enough, but least much of it—for our school build- Every time we debate a new use of at least there is some semblance of an ings as well. We also know that plant- funds, we should think about these academic focus in the underlying bill. ing and gardening does create contact numbers. But I cannot justify expanding that with nature and creates a good sup- Now I’m sure that many schools spending to recreation and physical portive learning environment for our would enjoy a greenhouse or a nice gar- education. I urge a ‘‘no’’ vote. children. den or some new landscaping on their I yield back the balance of my time. This is a good amendment. It en- grounds. But when it comes to edu- Mr. HEINRICH. I would close by say- hances the bill. It does not add extra cation, the job of the Federal Govern- ing that in New Mexico and across this funding. ment is to help educate.

VerDate Nov 24 2008 02:15 May 14, 2009 Jkt 079060 PO 00000 Frm 00031 Fmt 7634 Sfmt 0634 E:\CR\FM\K13MY7.080 H13MYPT1 rfrederick on PROD1PC67 with HOUSE H5520 CONGRESSIONAL RECORD — HOUSE May 13, 2009 If there’s an educational purpose for teaching them how to be responsible spent, the long-term economic savings a greenhouse on school grounds, this and how to make sure we can get these and the types of projects funded to be bill already allows one to be built. But into the schools to keep our kids sure we are keeping with the intent of if these greenhouses and gardens are healthy and nourished, as well as busi- the legislation. That is why I am offer- not academically needed, I do not be- ness opportunities, Mr. Chairman. This ing a straightforward good government lieve the Federal Government ought to is a learning opportunity that we could amendment that requires the GAO to be building them—especially not with take advantage of across the country. I report to Congress on how these funds deficit spending. strongly urge my colleagues to vote are being utilized. I’m not asking my grandchildren to ‘‘yes’’ on this amendment. Under my amendment, the GAO will finance a greenhouse with no academic Ms. SCHWARTZ. I yield back the bal- be required to report to Congress no purpose, and I hope none of you will ei- ance of my time. later than 1 year after the enactment ther. The Acting CHAIR. The question is on the extent and types of projects I reserve the balance of my time. on the amendment offered by the gen- being undertaken in the schools around b 1415 tlewoman from Pennsylvania (Ms. the country, the geographic distribu- SCHWARTZ). tion around the country and the urban, Ms. SCHWARTZ. Just to speak to The amendment was agreed to. suburban and rural mix. As we con- this amendment, let’s be really clear AMENDMENT NO. 14 OFFERED BY MR. SCHRADER tinue to improve and modernize our here. The purpose of our amendment, The Acting CHAIR. It is now in order schools, this information is going to be of course, is to actually enhance this to consider amendment No. 14 printed critical for the future decisionmaking bill by creating more opportunities for in House Report 111–106. of this Congress. energy savings. Every time we save Mr. SCHRADER. Mr. Chairman, I I urge my colleagues to support the dollars for a school, we save dollars for have an amendment at the desk. amendment and the underlying legisla- our school district, we save dollars for The Acting CHAIR. The Clerk will tion. our taxpayers. designate the amendment. I reserve the balance of my time. This bill is smart. It is to make en- The text of the amendment is as fol- Mr. MCKEON. Mr. Chairman, I claim ergy efficiency investments that will lows: the time in opposition to the amend- save taxpayers dollars. In addition, it ment, although I will not oppose the will help to educate our young people Amendment No. 14 offered by Mr. SCHRADER: amendment. in the positive aspects of greening. It is In the table of contents of the bill, add at The Acting CHAIR. Without objec- extremely important to understand the the end the following: tion, the gentleman is recognized for 5 purpose of planting a tree is not only Sec. 314. GAO study. minutes. because it looks good, but it in fact can At the end of the bill, add the following: There was no objection. save on energy costs. Planting vegeta- SEC. 314. GAO STUDY. Mr. MCKEON. This amendment will bles is done not only because it is a fun Not later than one year after the date of require the GAO to keep a list of thing to do, but it actually can put the enactment of this Act, the Comptroller projects that were funded through the food on the table that is healthy and General of the United States shall conduct a bill and look at who has access to these nutritious. study to determine, and report to the Con- projects. The underlying bill already All of this is part of what we are try- gress on, the extent and types of projects in contains lengthy reporting require- ing to do in this bill, create energy sav- keeping with the uses of funds authorized ments that include much of this infor- ings for our children, for our school under this Act being undertaken in schools mation, making this amendment large- districts and for our taxpayers. I en- around the United States, the geographic distribution of green, high-performing ly unnecessary. courage support of this amendment and schools in the United States, including by I do agree it will create jobs. There the underlying bill. urban, suburban, and rural areas, and the will be people hired that will have to I yield 15 seconds to the gentleman relative access to such schools of the demo- fill out these reports and there will be from New Jersey (Mr. ANDREWS). graphic groups described in section people hired that will have to read Mr. ANDREWS. The committee sup- 1111(b)(2)(C)(v) of the Elementary and Sec- these reports. However, if the gen- ports this bill. The bill requires the ondary Education Act of 1965 (20 USC tleman is interested in getting addi- money be spent for academic purposes. 6311(b)(2)(C)(v)). tional information on the sort of I don’t know really how you teach biol- The Acting CHAIR. Pursuant to projects funded under this act, we have ogy effectively without giving children House Resolution 427, the gentleman no objection to having the GAO provide the chance to interact with plant life. from Oregon (Mr. SCHRADER) and a it, other than the fact it is going to I think it just makes an awful lot of Member opposed each will control 5 cause government to grow even more. sense to have that kind of lab. minutes. I urge support of the amendment. We support the bill and urge a ‘‘yes’’ The Chair recognizes the gentleman I yield back the balance of my time. vote. from Oregon. Mr. SCHRADER. Mr. Chairman, I Mr. MCKEON. Mr. Chairman, I yield Mr. SCHRADER. Mr. Chairman, I yield 1 minute to the gentleman from myself the balance of my time. yield myself such time as I may con- New Jersey (Mr. ANDREWS). If there is a serious academic purpose sume. Mr. ANDREWS. Mr. Chairman, I for gardens and greenhouses, they can Mr. Chairman, I would like to thank thank the author for yielding and already be built under the far-reaching Chairman MILLER, Subcommittee would urge a ‘‘yes’’ vote on this amend- legislation in the underlying bill. Let’s Chairman KILDEE and Representative ment. not dilute the Federal investment in CHANDLER for their hard work on this With all due respect, the amendment education further by getting into the important legislation. The 21st Cen- does not require simply a keeping of landscaping business. I urge a ‘‘no’’ tury Green High-Performing Public lists of where the money is spent. It re- vote on this amendment. School Facilities Act provides the quires an analysis of the effectiveness I yield back the balance of my time. country a wonderful opportunity to not of the expenditure of the money, it re- Ms. SCHWARTZ. Mr. Speaker, I yield only modernize our schools by creating quires an analysis of whether all chil- 30 seconds to my colleague, the gen- a healthier, more environmentally dren are getting proportionately equal tleman from New Mexico (Mr. LUJA´ N). friendly learning environment for our access to the funds that are expended, Mr. LUJA´ N. Mr. Chairman, I would children, but it also creates good jobs and it gives the Congress the basis, the encourage and hope that my colleague at a time when they are needed the factual basis, to make further decisions would support an opportunity to be most by this country. about whether to expand, eliminate or able to teach our kids about the impor- While there is no disputing the mer- modify such programs in the future. tance of food, of growing it, and even its the underlying bill and the proven The minority protest is concerned the business aspect of this, Mr. Chair- benefits of green schools on students about the ever-growing size of govern- man. and teachers, I believe it is crucial that ment. The minority knows a lot about It is not just about growing food, Congress has a clear picture on how growing the size of government. That fruits and vegetables. This is about and where these funds are going to be is what they did for 8 years when they

VerDate Nov 24 2008 03:09 May 14, 2009 Jkt 079060 PO 00000 Frm 00032 Fmt 7634 Sfmt 0634 E:\CR\FM\K13MY7.082 H13MYPT1 rfrederick on PROD1PC67 with HOUSE May 13, 2009 CONGRESSIONAL RECORD — HOUSE H5521 doubled the national debt. That is what [Roll No. 249] Barton (TX) Graves Olson Biggert Guthrie Paul they did for 8 years when they inher- AYES—270 Bilirakis Hall (TX) Paulsen ited the largest surplus in American Abercrombie Gonzalez Murphy, Patrick Bishop (UT) Harper Pence history and turned it into the largest Ackerman Gordon (TN) Murtha Blackburn Hastings (WA) Petri deficit in American history. Altmire Grayson Nadler (NY) Blunt Heller Pitts Andrews Green, Al Napolitano Boehner Hensarling Poe (TX) One of the ways to turn about deficit Arcuri Green, Gene Neal (MA) Bonner Herger Posey financing is economic growth. We be- Baca Griffith Norton Bono Mack Hoekstra Price (GA) lieve this bill will do that. Baird Grijalva Nye Boozman Hunter Putnam Baldwin Gutierrez Oberstar Boustany Inglis Radanovich We urge a ‘‘yes’’ vote on the amend- Barrow Hall (NY) Obey Brady (TX) Issa Rehberg ment. Bean Halvorson Olver Broun (GA) Jenkins Roe (TN) Mr. SCHRADER. Mr. Chairman, I Becerra Hare Ortiz Brown (SC) Johnson, Sam Rogers (AL) Berkley Harman Pallone Buchanan Jones Rogers (KY) just would reiterate that this is a good Berman Hastings (FL) Pascrell Burgess Jordan (OH) Rogers (MI) government bill actually looking at Berry Heinrich Pastor (AZ) Burton (IN) King (IA) Rohrabacher saving the taxpayers money. I am sur- Bilbray Herseth Sandlin Payne Buyer King (NY) Rooney Calvert Kingston Roskam prised my colleague from California is Bishop (GA) Higgins Perlmutter Bishop (NY) Hill Perriello Camp Kline (MN) Royce not interested in the energy savings Blumenauer Hinchey Peters Campbell Lamborn Ryan (WI) and the benefit of this amendment to Boccieri Hinojosa Peterson Cantor Latham Scalise make sure that there is actually ac- Bordallo Hirono Pierluisi Capito LaTourette Schmidt Boren Hodes Pingree (ME) Carter Latta Schock countability in the legislation. Boswell Holden Platts Cassidy Lee (NY) Sensenbrenner Mr. MCKEON. Mr. Chairman, would Boucher Holt Polis (CO) Chaffetz Lewis (CA) Sessions the gentleman yield? Boyd Honda Pomeroy Coble Linder Shadegg Brady (PA) Hoyer Price (NC) Coffman (CO) Lucas Shimkus Mr. SCHRADER. I yield to the gen- Braley (IA) Inslee Quigley Cole Luetkemeyer Shuster tleman. Bright Israel Rahall Conaway Lummis Simpson Crenshaw Lungren, Daniel Smith (NE) Mr. MCKEON. I am interested in sav- Brown, Corrine Jackson (IL) Rangel Brown-Waite, Jackson-Lee Reichert Culberson E. Smith (TX) ing energy. I just think that this bill Ginny (TX) Reyes Davis (KY) Mack Smith (WA) costs too much, borrows too much, and Butterfield Johnson (IL) Richardson Deal (GA) Manzullo Souder controls too much. Cao Johnson, E. B. Rodriguez Diaz-Balart, L. Marchant Stearns Capps Kagen Ros-Lehtinen Diaz-Balart, M. McCarthy (CA) Sullivan I thank the gentleman for yielding. Capuano Kanjorski Ross Dreier McClintock Terry Mr. SCHRADER. I thank the gen- Cardoza Kennedy Rothman (NJ) Duncan McCotter Thompson (PA) Emerson McHenry Thornberry tleman. Carnahan Kildee Roybal-Allard Carney Kilpatrick (MI) Ruppersberger Fallin McKeon Tiahrt I will get back to the bill itself. I just Carson (IN) Kilroy Rush Flake McMorris Tiberi would appreciate support of my col- Castle Kind Ryan (OH) Fleming Rodgers Turner Forbes Mica Walden leagues to show fiscal accountability Castor (FL) Kirk Sablan Chandler Kirkpatrick (AZ) Salazar Foxx Miller (FL) Wamp by adopting this amendment. Childers Kissell Sanchez, Loretta Franks (AZ) Miller (MI) Westmoreland I yield back the balance of my time. Christensen Klein (FL) Sarbanes Frelinghuysen Miller, Gary Whitfield Clarke Kosmas Schakowsky Gallegly Moran (KS) Wilson (SC) The Acting CHAIR. The question is Clay Kratovil Schauer Gingrey (GA) Murphy, Tim Wittman on the amendment offered by the gen- Cleaver Kucinich Schiff Gohmert Myrick Wolf tleman from Oregon (Mr. SCHRADER). Clyburn Lance Schrader Goodlatte Neugebauer Young (AK) Granger Nunes Young (FL) The amendment was agreed to. Cohen Langevin Schwartz Connolly (VA) Larsen (WA) Scott (GA) NOT VOTING—9 ANNOUNCEMENT BY THE ACTING CHAIR Conyers Larson (CT) Scott (VA) Cooper Lee (CA) Serrano Garrett (NJ) Sa´ nchez, Linda Towns The Acting CHAIR. Pursuant to Costa Levin Sestak Himes T. Woolsey clause 6 of rule XVIII, proceedings will Costello Lewis (GA) Shea-Porter Johnson (GA) Stark now resume on three amendments Courtney Lipinski Sherman Kaptur Tanner Crowley LoBiondo Shuler printed in House Report 111–106 on Cuellar Loebsack Sires b 1454 which further proceedings were post- Cummings Lofgren, Zoe Skelton Messrs. SESSIONS, MANZULLO, poned, in the following order: Dahlkemper Lowey Slaughter Davis (AL) Luja´ n Smith (NJ) SCHOCK and ADLER of New Jersey ITUS Amendment No. 3 by Ms. T of Ne- Davis (CA) Lynch Snyder changed their vote from ‘‘aye’’ to ‘‘no.’’ vada. Davis (IL) Maffei Space Messrs. SPRATT, BILBRAY and Amendment No. 4 by Mr. ROE of Ten- Davis (TN) Maloney Speier DeFazio Markey (CO) Spratt RUSH changed their vote from ‘‘no’’ to nessee. DeGette Markey (MA) Stupak ‘‘aye.’’ Amendment No. 5 by Mr. ELLSWORTH Delahunt Marshall Sutton So the amendment was agreed to. of Indiana. DeLauro Massa Tauscher The result of the vote was announced Dent Matheson Taylor The Chair will reduce to 5 minutes Dicks Matsui Teague as above recorded. the time for any electronic vote after Dingell McCarthy (NY) Thompson (CA) AMENDMENT NO. 4 OFFERED BY MR. ROE OF the first vote in this series. Doggett McCaul Thompson (MS) TENNESSEE Donnelly (IN) McCollum Tierney AMENDMENT NO. 3 OFFERED BY MS. TITUS Doyle McDermott Titus The Acting CHAIR. The unfinished The Acting CHAIR. The unfinished Driehaus McGovern Tonko business is the demand for a recorded Edwards (MD) McHugh Tsongas vote on the amendment offered by the business is the demand for a recorded Edwards (TX) McIntyre Upton OE vote on the amendment offered by the Ehlers McMahon Van Hollen gentleman from Tennessee (Mr. R ) gentlewoman from Nevada (Ms. TITUS) Ellison McNerney Vela´ zquez on which further proceedings were on which further proceedings were Ellsworth Meek (FL) Visclosky postponed and on which the ayes pre- Engel Meeks (NY) Walz vailed by voice vote. postponed and on which the ayes pre- Eshoo Melancon Wasserman vailed by voice vote. Etheridge Michaud Schultz The Clerk will redesignate the Faleomavaega Miller (NC) Waters amendment. The Clerk will redesignate the Farr Miller, George Watson The Clerk redesignated the amend- amendment. Fattah Minnick Watt ment. The Clerk redesignated the amend- Filner Mitchell Waxman ment. Fortenberry Mollohan Weiner RECORDED VOTE Foster Moore (KS) Welch The Acting CHAIR. A recorded vote RECORDED VOTE Frank (MA) Moore (WI) Wexler Fudge Moran (VA) Wilson (OH) has been demanded. The Acting CHAIR. A recorded vote Gerlach Murphy (CT) Wu A recorded vote was ordered. has been demanded. Giffords Murphy (NY) Yarmuth The Acting CHAIR. This will be a 5- A recorded vote was ordered. NOES—160 minute vote. The vote was taken by electronic de- The vote was taken by electronic de- Aderholt Alexander Bachus vice, and there were—ayes 270, noes 160, Adler (NJ) Austria Barrett (SC) vice, and there were—ayes 432, noes 2, not voting 9, as follows: Akin Bachmann Bartlett not voting 5, as follows:

VerDate Nov 24 2008 02:15 May 14, 2009 Jkt 079060 PO 00000 Frm 00033 Fmt 7634 Sfmt 0634 E:\CR\FM\K13MY7.086 H13MYPT1 rfrederick on PROD1PC67 with HOUSE H5522 CONGRESSIONAL RECORD — HOUSE May 13, 2009 [Roll No. 250] Murphy (CT) Roe (TN) Space corded vote in January 1971. His vote Murphy (NY) Rogers (AL) Speier total would be even higher today had AYES—432 Murphy, Patrick Rogers (KY) Spratt Murphy, Tim Rogers (MI) the House not waited until 1973 to in- Abercrombie Cummings Jenkins Stearns Murtha Rohrabacher Ackerman Dahlkemper Johnson (GA) Stupak stitute electronic voting. Myrick Rooney Aderholt Davis (AL) Johnson (IL) Sullivan He cast his vote number 10,000 on No- Nadler (NY) Ros-Lehtinen Adler (NJ) Davis (CA) Johnson, E. B. Sutton Napolitano Roskam vember 18, 1991, to give approval to the Akin Davis (IL) Johnson, Sam Tauscher Neal (MA) Ross Taylor conference report on the fiscal year Alexander Davis (KY) Jones Neugebauer Rothman (NJ) Altmire Davis (TN) Jordan (OH) Teague 1992 defense authorization bill, which I Norton Roybal-Allard Terry believe is fitting, considering that he Andrews Deal (GA) Kagen Nunes Royce Arcuri DeFazio Kanjorski Thompson (CA) has devoted his career on the Appro- Nye Ruppersberger Thompson (MS) Austria DeGette Kaptur Oberstar Rush priations Committee to the well-being Baca Delahunt Kennedy Thompson (PA) Obey Ryan (OH) Thornberry of the men and women who serve our Bachmann DeLauro Kildee Olson Ryan (WI) Tiahrt Bachus Dent Kilpatrick (MI) Olver Sablan Nation in the Armed Forces. Tiberi Baird Diaz-Balart, L. Kilroy Ortiz Salazar It has been my deep honor to serve Tierney Baldwin Diaz-Balart, M. Kind Pallone Sanchez, Loretta Titus with him. And I ask all of you, as I now Barrett (SC) Dicks King (IA) Pascrell Sarbanes Tonko yield to my dear friend, colleague and Barrow Dingell King (NY) Pastor (AZ) Scalise Bartlett Doggett Kingston Paul Schakowsky Towns cochairman, Mr. HASTINGS, for all of us Barton (TX) Donnelly (IN) Kirk Paulsen Schauer Tsongas to congratulate BILL on this extraor- Turner Bean Doyle Kirkpatrick (AZ) Payne Schiff dinary achievement. Becerra Dreier Kissell Pence Schmidt Upton Berkley Driehaus Klein (FL) Perlmutter Schock Van Hollen Mr. HASTINGS of Florida. I thank Berman Duncan Kline (MN) Perriello Schrader Vela´ zquez my colleague for yielding. Berry Edwards (MD) Kosmas Peters Schwartz Visclosky As the cochair of the Florida delega- Biggert Edwards (TX) Kratovil Walz Peterson Scott (GA) tion, I echo the sentiments that he has Bilbray Ehlers Kucinich Petri Scott (VA) Wamp Bilirakis Ellison Lamborn Pierluisi Sensenbrenner Wasserman expressed and say to BILL YOUNG, who Bishop (GA) Ellsworth Lance Pingree (ME) Serrano Schultz I refer to all the time as Dean because Bishop (NY) Emerson Langevin Pitts Sessions Waters he is the dean of the Florida delega- Bishop (UT) Engel Larsen (WA) Platts Sestak Watson Blackburn Eshoo Larson (CT) Poe (TX) Shadegg Watt tion, to say to him my congratula- Blumenauer Etheridge Latham Polis (CO) Shea-Porter Waxman tions, and I am sure from all of us, rec- Blunt Faleomavaega LaTourette Pomeroy Sherman Weiner ognizing the extraordinariness of hav- Boccieri Fallin Latta Posey Shimkus Welch ing had that opportunity here in this Boehner Farr Lee (CA) Price (GA) Shuler Westmoreland Bonner Fattah Lee (NY) Price (NC) Shuster Wexler body to cast that many votes. Bono Mack Filner Levin Putnam Simpson Whitfield It reminds me, BILL, of Mr. Natcher Boozman Flake Lewis (CA) Quigley Sires Wilson (OH) who instructed me when I first came Bordallo Fleming Lewis (GA) Radanovich Skelton Wilson (SC) here, as he may have others. Mr. Boren Forbes Linder Rahall Slaughter Wittman Boswell Fortenberry Lipinski Rangel Smith (NE) Wolf Natcher, as you know, had the longest Boucher Foster LoBiondo Rehberg Smith (NJ) Woolsey running streak of consecutive votes. Boustany Foxx Loebsack Reichert Smith (TX) Wu And I talked with DALE KILDEE, who Boyd Frank (MA) Lofgren, Zoe Reyes Smith (WA) Yarmuth Brady (PA) Franks (AZ) Lowey Richardson Snyder Young (AK) has been here with you, BILL. He has Brady (TX) Frelinghuysen Lucas Rodriguez Souder Young (FL) 26,000 at this time. But Mr. Natcher Braley (IA) Fudge Luetkemeyer said to me, ‘‘Miss a vote and get that Bright Gallegly Luja´ n NOES—2 albatross off from around your neck.’’ Broun (GA) Garrett (NJ) Lummis Honda Walden Brown (SC) Gerlach Lungren, Daniel I’m glad you have kept that albatross Brown, Corrine Giffords E. NOT VOTING—5 around your neck, and it’s a proud day Brown-Waite, Gingrey (GA) Lynch Connolly (VA) Sa´ nchez, Linda Stark for all of us that you have cast your Ginny Gohmert Mack Himes T. Tanner Buchanan Gonzalez Maffei 20,000 votes. Burgess Goodlatte Maloney ANNOUNCEMENT BY THE ACTING CHAIR Mr. LINCOLN DIAZ-BALART of Burton (IN) Gordon (TN) Manzullo The Acting CHAIR (during the vote). Florida. I yield to the distinguished Butterfield Granger Marchant There are 2 minutes remaining in the Buyer Graves Markey (CO) Republican leader, the gentleman from Calvert Grayson Markey (MA) vote. Ohio. Camp Green, Al Marshall b 1504 Mr. BOEHNER. I think all of us can Campbell Green, Gene Massa realize that 20,000 votes over the course Cantor Griffith Matheson So the amendment was agreed to. Cao Grijalva Matsui The result of the vote was announced of your career are quite a number of Capito Guthrie McCarthy (CA) as above recorded. votes. But I think all of us can also re- Capps Gutierrez McCarthy (NY) alize that when you cast that many Capuano Hall (NY) McCaul (By unanimous consent, Mr. LINCOLN Cardoza Hall (TX) McClintock DIAZ-BALART of Florida was allowed to votes, there are going to be a lot of Carnahan Halvorson McCollum speak out of order.) very important votes that will be cast Carney Hare McCotter HONORABLE BILL YOUNG CASTS 20,000TH over the period of 20,000. Carson (IN) Harman McDermott But beyond all of that, I think the Carter Harper McGovern RECORDED VOTE Cassidy Hastings (FL) McHenry Mr. LINCOLN DIAZ-BALART of real measure of what we have today is Castle Hastings (WA) McHugh Florida. Mr. Chairman, I have the the measure of BILL YOUNG’s career in Castor (FL) Heinrich McIntyre the House. Thirty-eight years of serv- Chaffetz Heller McKeon honor of co-chairing the Florida dele- Chandler Hensarling McMahon gation along with my friend, Congress- ice to this institution, 38 years of Childers Herger McMorris man ALCEE HASTINGS. friendship with Members on both sides Christensen Herseth Sandlin Rodgers I rise to inform my colleagues that of the aisle, and 38 years of distin- Clarke Higgins McNerney guished service to us all. Clay Hill Meek (FL) our good friend, the gentleman from Cleaver Hinchey Meeks (NY) Florida, Congressman BILL YOUNG, the BILL, congratulations. Clyburn Hinojosa Melancon longest-serving Republican in the Mr. LINCOLN DIAZ-BALART of Coble Hirono Mica House and the dean of the Florida Dele- Florida. I yield to the distinguished Coffman (CO) Hodes Michaud majority leader, the gentleman from Cohen Hoekstra Miller (FL) gation, has just cast his recorded vote Cole Holden Miller (MI) number 20,000 in the House of Rep- Maryland. Conaway Holt Miller (NC) resentatives. Mr. HOYER. I thank the gentleman Conyers Hoyer Miller, Gary It is, indeed, a small and select from Florida for yielding. Cooper Hunter Miller, George Costa Inglis Minnick group, Mr. Speaker, of distinguished Twenty thousand votes is a quantifi- Costello Inslee Mitchell Members in the history of the House of able criteria. What, for those of you Courtney Israel Mollohan Representatives who have reached that who are new, is not as quantifiable is Crenshaw Issa Moore (KS) the real measure of the man. Crowley Jackson (IL) Moore (WI) important milestone. Cuellar Jackson-Lee Moran (KS) BILL YOUNG was first elected in 1970 Twenty thousand votes, a conscien- Culberson (TX) Moran (VA) to the Congress. He cast his first re- tious Member. But the real measure of

VerDate Nov 24 2008 03:43 May 14, 2009 Jkt 079060 PO 00000 Frm 00034 Fmt 7634 Sfmt 0634 E:\CR\FM\A13MY7.024 H13MYPT1 rfrederick on PROD1PC67 with HOUSE May 13, 2009 CONGRESSIONAL RECORD — HOUSE H5523 BILL YOUNG, which Americans would for your ongoing service to our coun- Frank (MA) Luja´ n Rogers (AL) have observed had they been with him try. I know I speak for everyone here Franks (AZ) Lummis Rogers (KY) Frelinghuysen Lungren, Daniel Rogers (MI) during each of those votes, is the de- when I say we are proud, each and Fudge E. Rohrabacher cency of BILL YOUNG, is the collegiality every one of us, to call you ‘‘col- Gallegly Lynch Rooney of BILL YOUNG, of his inclination to league.’’ Garrett (NJ) Mack Ros-Lehtinen reach across the aisle, reach across ide- Thank you, Mr. Chairman. Gerlach Maffei Roskam Giffords Maloney Ross ology, reach across and say, How can Mr. LINCOLN DIAZ-BALART of Gingrey (GA) Manzullo Rothman (NJ) we do this together? Florida. Thank you, Madam Speaker. Gohmert Marchant Roybal-Allard BILL YOUNG is an example for us all And thank you, our dear friend, BILL Gonzalez Markey (CO) Ruppersberger Goodlatte Markey (MA) of how to treat one another and how to YOUNG. Rush Gordon (TN) Marshall Ryan (OH) engage in this process, though we may Granger Massa f Ryan (WI) have differences, in a way that built a Graves Matheson Sablan better institution, not tore it down. Grayson Matsui Salazar ANNOUNCEMENT BY THE ACTING That is why those 20,000 votes are de- Green, Al McCarthy (CA) Sanchez, Loretta CHAIRMAN Green, Gene McCarthy (NY) Sarbanes serving of so much respect, because the Griffith McCaul The ACTING CHAIR. Without objec- Scalise character with which they were cast Grijalva McClintock Schakowsky and the character that characterize tion, 5-minute voting will continue. Guthrie McCollum Schauer and continues to characterize the gen- There was no objection. Gutierrez McCotter Schiff Hall (NY) McDermott tleman from Florida’s service. AMENDMENT NO. 5 OFFERED BY MR. ELLSWORTH Schmidt Hall (TX) McGovern Schock BILL YOUNG, we are in your debt. You The Acting CHAIR. The unfinished Halvorson McHenry Schrader have served your country well, and we business is the demand for a recorded Hare McHugh Schwartz look forward to years of service with vote on the amendment offered by the Harman McIntyre Scott (GA) Harper McKeon Scott (VA) you, my friend. Thank you. gentleman from Indiana (Mr. ELLS- Hastings (FL) McMahon Serrano Mr. LINCOLN DIAZ-BALART of Hastings (WA) McMorris WORTH) on which further proceedings Sessions Heinrich Rodgers Florida. I yield to the gentlewoman were postponed and on which the ayes Sestak Heller McNerney from California, the distinguished Shea-Porter prevailed by voice vote. Hensarling Meek (FL) Sherman Speaker of the House. The Clerk will redesignate the Herger Meeks (NY) Speaker PELOSI. I thank the gen- Herseth Sandlin Melancon Shimkus amendment. Shuler tleman for yielding. I thank him for The Clerk redesignated the amend- Higgins Mica Hill Michaud Shuster giving us this opportunity, he and Mr. ment. Hinchey Miller (FL) Simpson Sires HASTINGS, to express our appreciation RECORDED VOTE Hinojosa Miller (MI) Skelton to a great leader for our country. The Acting CHAIR. A recorded vote Hirono Miller (NC) Here he is, modestly sitting in the Hodes Miller, Gary Slaughter has been demanded. Hoekstra Miller, George Smith (NE) furthest corner of the House—well, it is A recorded vote was ordered. Holden Minnick Smith (NJ) his regular spot—but a person we all The Acting CHAIR. This is a 5- Holt Mitchell Smith (TX) Smith (WA) seek out, wherever he sits or wherever minute vote. Honda Mollohan he is standing for his advice and his Hoyer Moore (KS) Snyder The vote was taken by electronic de- Hunter Moore (WI) Souder guidance. vice, and there were—ayes 425, noes 7, Inglis Moran (KS) Space Speaking from the standpoint of a not voting 7, as follows: Inslee Moran (VA) Speier member of the Appropriations Com- Israel Murphy (CT) Spratt [Roll No. 251] Issa Murphy (NY) mittee, when Mr. YOUNG was our dis- Stearns AYES—425 Jackson (IL) Murphy, Patrick Stupak tinguished chairman, I know everyone Jackson-Lee Murphy, Tim Sullivan Abercrombie Braley (IA) Crenshaw who served at that time on the com- (TX) Murtha Sutton Ackerman Bright Crowley Jenkins Myrick Tauscher mittee agrees that he was a great Aderholt Broun (GA) Cuellar Johnson (GA) Nadler (NY) Taylor chairman and that he listened to his Adler (NJ) Brown (SC) Culberson Johnson (IL) Napolitano Akin Brown, Corrine Cummings Teague members very carefully, that he mod- Johnson, Sam Neal (MA) Alexander Brown-Waite, Dahlkemper Terry Jones Neugebauer erated the debate, that the dignity he Altmire Ginny Davis (AL) Thompson (CA) Jordan (OH) Norton brought to that chairmanship was Andrews Buchanan Davis (CA) Thompson (MS) Kagen Nunes Arcuri Burgess Davis (IL) Thompson (PA) something that made us all proud on Kanjorski Nye Austria Burton (IN) Davis (KY) Thornberry both sides of the aisle. And whatever Kaptur Oberstar Baca Butterfield Davis (TN) Tiahrt Kennedy Olson the outcome, we knew that he would Bachmann Buyer Deal (GA) Tiberi Kildee Olver give everyone a chance to make his or Bachus Calvert DeFazio Tierney Kilpatrick (MI) Ortiz Baird Camp DeGette Titus her case. Kilroy Pallone Baldwin Cantor Delahunt Tonko I wish to associate myself with all Kind Pascrell Barrett (SC) Cao DeLauro Towns King (NY) Pastor (AZ) the other remarks that were made Barrow Capito Dent Tsongas Kingston Paul about Mr. YOUNG. Oh, my goodness. Bartlett Capps Diaz-Balart, L. Kirk Paulsen Turner Thousands and thousands of votes. Barton (TX) Capuano Diaz-Balart, M. Upton Bean Cardoza Dicks Kirkpatrick (AZ) Payne But I also want to point out that all Kissell Pence Van Hollen Becerra Carnahan Dingell Vela´ zquez of us who care about our troops, our Berkley Carney Doggett Klein (FL) Perlmutter Kline (MN) Perriello Visclosky men and women in uniform, and par- Berman Carson (IN) Donnelly (IN) Walden Berry Carter Kosmas Peters Doyle Walz ticularly those who are harmed in the Biggert Cassidy Dreier Kratovil Peterson Wamp service of our country, not only of Mr. Bilbray Castle Driehaus Kucinich Pierluisi Wasserman Bilirakis Castor (FL) Duncan Lamborn Pingree (ME) YOUNG but his wife Beverly, who has Schultz Bishop (GA) Chaffetz Edwards (MD) Lance Pitts been an angel in meeting the needs of Waters Bishop (NY) Chandler Edwards (TX) Langevin Platts Watson our troops. Mr. YOUNG officially on Bishop (UT) Childers Ehlers Larsen (WA) Poe (TX) Watt duty here, Beverly on a day-to-day Blackburn Christensen Ellison Larson (CT) Polis (CO) basis, bringing comfort and refresh- Blumenauer Clarke Ellsworth Latham Pomeroy Waxman Blunt Clay Emerson LaTourette Posey Weiner ment to our troops. Boccieri Cleaver Engel Latta Price (GA) Welch They are living examples of what we Boehner Clyburn Eshoo Lee (CA) Price (NC) Westmoreland say in the military, that on the battle- Bonner Coble Etheridge Lee (NY) Putnam Wexler field, we will leave no soldier behind, Bono Mack Coffman (CO) Faleomavaega Levin Quigley Whitfield Boozman Cohen Fallin Lewis (GA) Radanovich Wilson (OH) and when they come home, we will Bordallo Cole Farr Linder Rahall Wilson (SC) leave no veteran behind. Boren Conaway Fattah Lipinski Rangel Wittman Boswell Connolly (VA) Filner LoBiondo Rehberg Wolf b 1515 Boucher Conyers Fleming Loebsack Reichert Woolsey Wu My thanks to Mr. YOUNG for what Boustany Cooper Forbes Lofgren, Zoe Reyes Boyd Costa Fortenberry Lowey Richardson Yarmuth you do to protect America, what you Brady (PA) Costello Foster Lucas Rodriguez Young (AK) have done to advance the debate, and Brady (TX) Courtney Foxx Luetkemeyer Roe (TN) Young (FL)

VerDate Nov 24 2008 02:15 May 14, 2009 Jkt 079060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\CR\FM\K13MY7.091 H13MYPT1 rfrederick on PROD1PC67 with HOUSE H5524 CONGRESSIONAL RECORD — HOUSE May 13, 2009 NOES—7 (5) insisted on its amendment and requested Research and Engineering for assessing Campbell Petri Shadegg a conference with the Senate thereon. technological maturity and to the uni- Flake Royce The SPEAKER pro tempore. Pursu- fied combatant commanders for help- King (IA) Sensenbrenner ant to the rule, the gentleman from ing to set requirements. NOT VOTING—7 Missouri (Mr. SKELTON) and the gen- b 1530 Himes Obey Stark tleman from New York (Mr. MCHUGH) Johnson, E. B. Sa´ nchez, Linda Tanner each will control 20 minutes. It promotes competition in our ac- Lewis (CA) T. The Chair recognizes the gentleman quisition strategies, and it promotes b 1524 from Missouri. the consideration of tradeoffs between GENERAL LEAVE cost, schedule, and performance. It So the amendment was agreed to. limits organizational conflicts of inter- The result of the vote was announced Mr. SKELTON. Mr. Speaker, I ask unanimous consent that all Members est and tightens the Nunn-McCurdy as above recorded. process. Mr. WU. Mr. Chairman, I move that have 5 legislative days in which to re- vise and extend their remarks on the Perhaps most importantly, it re- the Committee do now rise. quires an increased focus on programs The motion was agreed to. resolution under consideration. The SPEAKER pro tempore. Is there in the early stages of acquisition when Accordingly, the Committee rose; objection to the request of the gen- most costs are determined, and it fo- and the Speaker pro tempore (Mr. PAS- tleman from Missouri? cuses oversight on programs which TOR of Arizona) having assumed the There was no objection. have demonstrated poor performance. chair, Mr. WELCH, Acting Chair of the Mr. SKELTON. Mr. Speaker, I yield Lastly, the bill authorizes the Sec- Committee of the Whole House on the myself such time as I may consume. retary of Defense to award excellence state of the Union, reported that that I rise in strong support of this meas- in acquisition. Committee, having had under consider- ure, the Weapons Acquisition System Let me clarify an important issue ation the bill (H.R. 2187) to direct the Reform Through Enhancing Technical about this bill that has arisen. Mr. Secretary of Education to make grants Knowledge and Oversight Act of 2009 MCHUGH and I have worked to make to State educational agencies for the and, of course, H. Res. 432, under which clear that this bill is tailored to match modernization, renovation, or repair of we will consider the bill today. the scope of S. 454 in the Senate. We public school facilities, and for other By voting for H. Res. 432, we will be did this to speed its enactment into purposes, had come to no resolution adopting the bill reported out of the law. thereon. House Armed Services Committee 59–0, As a result, like S. 454, it deals al- f and initiating a conference with the most exclusively with major weapons Senate and their related bill, S. 454, systems acquisition, which is only 20 ANNOUNCEMENT BY THE SPEAKER which passed the Senate on a vote of percent of the total that the Depart- PRO TEMPORE 93–0. This legislation is in keeping with ment of Defense spends on acquisition The SPEAKER pro tempore. Pursu- the best bipartisan traditions of the on an annual basis. There are also seri- ant to clause 8 of rule XX, the Chair Congress, and the bipartisan leadership ous problems with the other 80 percent will postpone further proceedings of both the House and Senate have of the acquisitions systems. As a re- today on motions to suspend the rules committed to passing this legislation sult, we established the Panel on De- on which a recorded vote or the yeas as quickly as possible. fense Acquisition Reform in our com- and nays are ordered, or on which the The need for this legislation is ur- mittee, led by ROB ANDREWS and MIKE vote incurs objection under clause 6 of gent. It’s indisputable. GAO tells us CONAWAY. rule XX. that the Department of Defense cur- They did excellent work on this bill, Record votes on postponed questions rently estimates it will exceed its and we will get a lot more good work will be taken later. original cost estimates on 96 major out of them before the day is done. We f weapons systems by $296 billion. That’s are fully committed to continuing the more than 2 years of pay and health work on these issues in the upcoming PROVIDING FOR PASSAGE OF H.R. care for all of our troops. Much of this National Defense Authorization Act for 2101, WEAPONS ACQUISITION SYS- cost growth is already baked into the Fiscal Year 2010 and in subsequent leg- TEM REFORM THROUGH EN- pie because of decisions made that will islation. HANCING TECHNICAL KNOWL- be difficult or impossible to reverse. At I ask all Members of the House to EDGE AND OVERSIGHT ACT OF the same time, however, a lot of this is support H. Res. 432 and the underlying 2009 money that we have not yet actually bill and vote to move it forward to a Mr. SKELTON. Mr. Speaker, I move spent, meaning we will feel the effects conference with the Senate on this to suspend the rules and agree to the of this waste for years. We cannot wait very, very vital matter. resolution (H. Res. 432) providing for to take corrective measures. I reserve the balance of my time. passage of the bill (H.R. 2101) to pro- On April 27 Ranking Member Mr. MCHUGH. Mr. Speaker, I yield mote reform and independence in the MCHUGH from New York and I, along myself such time as I may consume. oversight of weapons system acquisi- with our partners, ROB ANDREWS and (Mr. MCHUGH asked and was given tion by the Department of Defense, and MIKE CONAWAY, the leaders of our panel permission to revise and extend his re- for other purposes. on Defense Acquisition Reform, intro- marks.) The Clerk read the title of the resolu- duced the WASTE TKO Act. After in- Mr. MCHUGH. Mr. Speaker, I too rise tion. troducing the bill, the committee held in support of this very important piece The text of the resolution is as fol- two hearings on the bill and held a of legislation, H.R. 2101, the Weapons lows: markup. On the basis of the testimony Acquisition System Reform through H. RES. 432 we received and on the basis of the Enhancing Technical Knowledge and Oversight Act of 2009. Resolved, That upon adoption of this reso- committee’s long experience on acqui- lution, the House shall be considered to have sition reform issues, I can say with I want to begin where thanks are (1) passed the bill (H.R. 2101) to promote re- confidence that this legislation will truly due, and that is with my good form and independence in the oversight of substantially improve the oversight of friend, my distinguished chairman, the weapons system acquisition by the Depart- major weapons system acquisition. gentleman from Missouri (Mr. SKEL- ment of Defense, as amended by the com- Let me briefly summarize the bill’s TON), who provided the inertia and the mittee amendment in the nature of a sub- provisions. It requires the Secretary of great leadership in putting together stitute recommended by the Committee on Defense to assign responsibility to the team that has worked so hard to Armed Services now printed in the bill; (2) independent officials within his office bring this bill to the floor, and a par- taken from the Speaker’s table S. 454; (3) adopted an amendment in the nature of a for oversight of cost estimation, sys- ticular tip of the hat to the gentleman substitute consisting of the text of H.R. 2101 tems engineering, and performance as- from New Jersey (Mr. ANDREWS) and as passed by the House pursuant to this reso- sessment. It also assigns additional re- my friend and colleague, the gen- lution; (4) passed such bill, as amended; and sponsibility to the Director of Defense tleman from Texas (Mr. CONAWAY), for

VerDate Nov 24 2008 02:40 May 14, 2009 Jkt 079060 PO 00000 Frm 00036 Fmt 7634 Sfmt 0634 E:\CR\FM\A13MY7.032 H13MYPT1 rfrederick on PROD1PC67 with HOUSE May 13, 2009 CONGRESSIONAL RECORD — HOUSE H5525 their roles as the chairman and the It also increases the level of inde- serve to get the most bang for their buck—es- ranking member in our special over- pendent scrutiny major weapons pro- pecially when national security matters are in- sight committee. They really have grams receive, not because our pro- volved. What’s more, there is an enormous done yeoman’s work, supported by very gram managers are incapable, but be- opportunity cost when major defense weapons able members, as they advanced a cause we recognize that it’s an unfair systems miss overrun their budgets. The Gov- great piece of legislation. burden to require program managers to ernment Accountability Office found that as of Obviously, as you have heard, we be both a leading advocate for and an 2009 the Department of Defense had $296 bil- consider this matter to be of utmost independent evaluator of the program. lion of cost growth on 96 major weapons sys- importance. The United States tax- The legislation also seeks to address tems. Even if most of this growth is due to payers deserve to get the most bang for concerns we have had heard about poor initial estimation or requirements their buck. It’s a trite saying, but very minimizing bureaucracy and con- changes, and not to waste or mismanage- true, especially when matters of na- tinuing to give the Secretary of De- ment, the fact remains that the Department of tional security are involved. What’s fense the flexibility he needs to man- Defense was unable to spend hundreds of bil- more, there is an enormous oppor- age his own office. Despite the impres- lions of dollars on other planned priorities. tunity cost when major defense sys- sive list of reforms carried in this bill, Therefore, in the interest of a strong national tems miss and overrun their budgets. it really is relatively narrow in scope. defense, Congress must do all it can to reign The Government Accountability Of- Some, including The New York in cost growth in the development of major fice found that as of 2009 the Depart- Times Editorial Board, have criticized weapons programs. ment of Defense had, as the chairman us for focusing only on acquisition of so correctly stated, some $296 billion of major weapons systems, stating, and I This national security imperative is also cost growth on just 96 major weapons quote from one of their editorials, ‘‘Un- what has driven us to quickly mark up and, systems. And even if most of this fortunately, the House version, to be hopefully, pass H.R. 2101. Despite the speed growth is due to poor initial estimates voted on later, applies to only about 20 with which this body has moved, the legisla- or requirement changes and not to percent of acquisitions.’’ tion before us is a sound, well-crafted product. waste or mismanagement, the fact re- Although, with due respect to The We have had the benefit of feedback from in- mains that the Department of Defense Gray Lady, maybe $296 billion doesn’t dustry, from the Department, and from the was unable to spend hundreds of bil- sound like a lot of money to The New members of our Defense Acquisition Reform lions of dollars on other planned prior- York Times, but as I previously noted, Panel. Speaking for myself, I believe this feed- ities. that’s just the cost of overruns on back has allowed our Committee to draft a su- It’s in the interest of a strong na- these 96 programs. The total planned perior piece of legislation. tional defense, therefore, that we in outlay for those 96 programs is some Don’t get me wrong. The Senate has al- Congress do all that we can to rein in $1.6 trillion. ready passed a solid piece of legislation, S. cost growth in the development of I have to say that I am fairly com- 454. But it is important for the members of the major weapons programs. fortable with taking on reforms to $1.6 House to recognize that the legislation we This national security imperative is trillion in government spending as just have before us today will take us immediately also what has driven us to quickly a first step this year. into conference with the Senate, and quite mark up, and hopefully pass today, In addition, we deliberately narrowed likely to the President’s desk in a matter of H.R. 2101. But I would note, despite the the scope of our bill in order to keep weeks. Which is why I believe it is all the speed with which this body has moved, the legislation aligned with the Senate more important to get a strong vote in support the legislation we have before us is a and to send this bill to the President as of this bill, to guarantee the voice of the sound and well-crafted product. soon as possible. The remaining 80 per- House is heard in this debate and so this body We have the benefit of feedback from cent of DOD programs will not go will remain on the forefront of ensuring we de- the industry, from the Department, unaddressed. If truth be told, acquisi- liver the right capability to our warfighters at and from members of our Defense Ac- tion workforce issues and acquisition the right time and at the best value. quisition Reform Panel. Speaking on of services have been addressed in prior As Chairman SKELTON has indicated, this my own behalf, I believe this feedback years’ bills, but we will not be satisfied legislation focuses reforms on the early stages has allowed our committee to draft with resting on the laurels that I think of the acquisition system, requiring the evalua- truly a superior piece of legislation. this body will accrue today in sup- tion of alternative solutions at more critical I don’t want to be taken wrong here, porting this legislation. points and independent oversight earlier in the the Senate, the other body, has passed These issues will continue to be con- process. A focus on early stage acquisition is a solid piece of legislation as well, S. sidered by the Defense Acquisition Re- vital, because we know from experience that 454. But it’s important for the House form Panel, which will carry on with the sins which cause cost overruns are gen- Members to recognize that the legisla- its mandate to consider initiatives that erally created in the initial stages of the acqui- tion we have before us today will take could be addressed by the committee as sition process. It also increases the level of us immediately into conference with part of the fiscal year 2011 National De- independent scrutiny major weapons programs the Senate and, quite likely, to the fense Authorization Act. President’s desk in just a matter of Mr. Speaker, in closing, I want to re- receive—not because our program managers weeks. emphasize that I give my full support are not capable, but because we recognize Which is why we all believe it’s all to this bill. We owe a great debt of that it is an unfair burden to require program the more important to get a strong gratitude to those Members who managers to be both the leading advocate for vote in support of this bill, to guar- worked so hard to bring it to the floor a program and an independent evaluator of antee the voice of the House is heard in today and do so with such a quality the program. The legislation also seeks to ad- this debate, so that this body will re- product behind it. dress concerns we have heard about mini- main on the forefront of ensuring we I am honored to stand with them in mizing bureaucracy and continuing to give the deliver the right capability to our war this well this afternoon, and I look for- Secretary of Defense the flexibility he needs to fighters at the right time and at the ward to a strong vote in support of this manage his own office. best value. worthy piece of legislation. Despite the impressive list of reforms car- As my chairman, Mr. SKELTON, has Mr. Speaker, I rise in support of H.R. 2101, ried in this bill, our legislation is relatively nar- indicated, this legislation focuses on the Weapons Acquisition System Reform row in scope. Some, including the New York reforms on the early stage of the acqui- through Enhancing Technical Knowledge and Times Editorial Board, have criticized us for sition system, requiring the evaluation Oversight Act of 2009. As my friend and focusing only on the acquisition of major of alternative solutions and more crit- Chairman, IKE SKELTON, has so ably de- weapons systems, stating, ‘‘Unfortunately, the ical points and independent oversight scribed, this bill, which was unanimously House version, to be voted on later, applies earlier in the process. A focus on early adopted by the House Armed Services Com- only to about 20 percent of acquisitions.’’ stage acquisition is vital. As we know, mittee, takes aim at reforming the process Maybe $296 billion doesn’t sound like a lot of as we heard from my chairman, the used by the Department of Defense to acquire money to the New York Times, but as I’ve sins which cause most cost overruns major weapons systems. previously noted—that’s just the cost overruns are generally created in the initial We consider this matter to be of the upmost on those 96 programs. The total planned out- stages of the acquisition process. importance. The United States taxpayers de- lay for those 96 programs is $1.6 trillion. I

VerDate Nov 24 2008 02:40 May 14, 2009 Jkt 079060 PO 00000 Frm 00037 Fmt 7634 Sfmt 9920 E:\CR\FM\K13MY7.097 H13MYPT1 rfrederick on PROD1PC67 with HOUSE H5526 CONGRESSIONAL RECORD — HOUSE May 13, 2009 have to say that I’m fairly comfortable with tak- (Mr. ANDREWS asked and was given of thousands of workers, thousands of ing on reforms to $1.6 trillion in Government permission to revise and extend his re- contractors, political constituencies spending, as a first step this year. marks.) around the country, who understand- In addition, we deliberately narrowed the Mr. ANDREWS. I thank the chair- ably advocate for these programs as if scope of our bill in order to keep our bill man for yielding. they were a public works project. Well, aligned with the Senate bill and to send this Mr. Speaker, my colleagues, there is they are not. The idea behind these legislation to the President as soon as pos- an understandable frustration and cyn- programs is to provide the very best sible. The remaining 80 percent of DoD acqui- icism in our country about our polit- tools to those who wear the uniform of sition programs will not go unaddressed. If ical system. There are people who be- this country at the appropriate price truth be told, acquisition workforce issues and lieve that all we do is argue, that the for the taxpayer. acquisition of services have been addressed two parties never agree on anything. By getting involved earlier in the in prior year bills. But we will not be satisfied And when we do agree on something, process, we make it far more likely with resting on our laurels. These issues will it’s on something symbolic or incon- that when a bad judgment has been continue to be considered by the Defense Ac- sequential. made, when we set off on the wrong quisition Reform Panel—which will carry on I think beyond the value of the sub- course, that course can be reversed or with its mandate to consider initiatives that stance of this legislation is the value of terminated, as it should be. could be addressed by the Committee as part showing how those caricatures of the The third principle in this bill is to of the FY2011 National Defense Authorization American political process are not al- give intensive attention, intensive Act. ways true. This has been a very sub- care, to weapons systems that have Ironically, others have suggested that addi- stantive and very significant process, been permitted to go forward even tional legislation is not warranted. The out- and it was led by outstanding bipar- though they have not yet met all of the going Under Secretary of Defense for Acquisi- tisan leadership from Mr. SKELTON, the criteria to go forward. tion, Technology, and Logistics recently told chairman of the Armed Services Com- If there is a true national security reporters, ‘‘I just do not think you can mandate mittee, who had the foresight to put reason that those weapons systems a process that will ensure successful defense together this panel and empower us should go forward beyond that mile- acquisition . . . The bottom line is people run with the staff, resources, and time to stone, it is very important that they be programs, not documents [or] processes.’’ I do the job well; and Mr. MCHUGH, who looked at carefully and on an ongoing think few can argue with this assessment. In loaned both his expertise and his per- basis. That is what this bill provides. the end, implementation of sound acquisition sonal credibility to this effort, both of And in those, unfortunately, many policies and maintaining a skilled workforce is which are in significant supply. instances where the programs far ex- more important than passing new reforms. I would also like to thank Mr. ceed the cost that’s originally esti- Nevertheless, we continue to see poor out- CONAWAY from Texas, the ranking mated, by 25 percent, by 50 percent, comes that could have been avoided if there member of the panel, for his out- this legislation says that if the pro- had been a stronger independent voice, earlier standing contributions; each member grams are not terminated, and if they in the program and the warfighters had a clear of the panel, both Republican and are not terminated because there is a role in establishing the requirements up front. Democratic, for their diligence in this strong national security reason not to Moreover, we have repeatedly heard testi- effort; and most assuredly, the hard- terminate them or a strong economic mony before the Armed Services Committee working staff people who made the reason not to terminate them, they that the reforms contained in this bill are prac- product possible: Erin Conaton and An- must be watched with great intensive tical, necessary, and can be implemented. We drew Hunter, Jenness Simler, Nat Bell attention. heard testimony from a panel of outside ex- from my office. We appreciate very The SPEAKER pro tempore. The perts, many of them former senior officials much their efforts and many others. time of the gentleman has expired. from DoD, and the new Deputy Secretary of You have heard the chairman and Mr. SKELTON. I yield the gentleman Defense, who were highly complimentary of others say earlier that the Government an additional minute. this legislation. The Department is on-board Accountability Office has identified Mr. ANDREWS. Finally, the product with these changes—many of which they have $296 billion in cost overruns, that’s just before us has a very strong but flexible recently committed to internal policy guidance. overruns, in major weapons systems. provision to prohibit undue conflicts of Therefore, Mr. Speaker, I give my full sup- And as the chairman said, had we not interest. port to this bill. In conclusion, I thank all of the incurred these overruns, that’s enough Frankly, this body does not aspire to members, but especially Chairman SKELTON, money to pay for the salaries of the micromanage the process of who can for collaborating so closely with me, and ROB troops and the health benefits for the participate and contract and who can- ANDREWS and MIKE CONAWAY who lead our troops and their families for nearly 21⁄2 not. What we are committed to is that Defense Acquisition Reform Panel, for their years. That’s the opportunity cost for all of those who are serving the public participation in this process and for helping to the problem that we are facing today. in this process serve only one master, make this the strongest possible product. I The House is encouraged to pass this that they are acting on behalf of the have absolute confidence that the members of bill because we believe it faces that uniformed personnel and the taxpayers the Panel will continue in their endeavors and problem by implementing four very im- and not on behalf of anyone else who provide the Armed Services Committee with a portant changes. The first has to do has an economic interest in the out- number of additional recommendations when with independence. The people who will come of their deliberations. they have fulfilled their mandate. We appre- be doing cost estimates, engineering This is a substantive piece of legisla- ciate their hard work. and conceptual scientific evaluations, tion that happened because the two Mr. Speaker, I urge my colleagues to vote and scheduling analyses will not be parties worked together, because they yes on H.R. 2101. people vested in the success of the listened to the best experts, and be- With that, I reserve the balance of weapons system. They will be people cause we had put aside the squabbling my time. vested in protection of the taxpayer in which we sometimes all engage to do Mr. SKELTON. First I want to again dollar and providing the very best what is right with our country. thank the ranking member, my good value for those who wear the uniform. It’s an honor to work with my friends friend, JOHN MCHUGH, for the good The second principle is looking very on this. I would urge my Members to work on this excellent legislation, as critically at the development of these vote ‘‘yes’’ and move this process for- well as his hard work on the Armed weapons systems as early as possible in ward. Services Committee. It is very much the process. By the time 10 percent of appreciated. the money is spent on these weapons b 1545 I yield 5 minutes to my friend, the systems, 70 percent of the money is ob- Mr. MCHUGH. I want to again thank kind colleague and the chairman of the ligated. That is to say, on or before the the gentleman from New Jersey for his Armed Services Committee on the Spe- time that we decide to build or not great effort and leadership and clearly cial Oversight Panel on Defense Acqui- build a weapons system, we are already associate myself with his comments sition Reform, the gentleman from far into the process, whereby a polit- about the staff, some of whom are be- New Jersey, Mr. ROB ANDREWS. ical constituency builds up, hundreds side and behind me here, as they are

VerDate Nov 24 2008 02:40 May 14, 2009 Jkt 079060 PO 00000 Frm 00038 Fmt 7634 Sfmt 0634 E:\CR\FM\A13MY7.027 H13MYPT1 rfrederick on PROD1PC67 with HOUSE May 13, 2009 CONGRESSIONAL RECORD — HOUSE H5527 behind the chairman and others on the prepare for the future, our warfighters Finally, this legislation creates a other side. Everything good that we will be better equipped, and we will be better system to track cost growth achieve comes from their efforts. Ev- better stewards of the limited re- during early contract development. By erything that is not so good is cer- sources entrusted us by the taxpayers. the time system development begins, 75 tainly because we fail to listen to It is our responsibility to ensure the percent of the costs are already in them. Certainly, in this bill, we lis- warfighter receives the best weapon place. By regulating cost growth in the tened to them very carefully. That, in systems to perform their mission, early development, we will have true large measure, is why it’s such a great while at the same time ensuring that cost estimates and we can seek alter- product. the taxpayers get the most bang for native solutions if it’s necessary. With that, I’m proud to yield 4 min- their buck. This legislation puts in place essen- utes to our leader on our side of the The WASTE TKO Act addresses how tial internal controls to the defense ac- aisle, a man whom I asked if he would we procure major weapon systems and quisition process. I will continue to ad- not think about leading our efforts provides much promise in resolving the vocate for fiscally responsible pro- from the minority side, and was anx- enormous cost overruns that embarrass grams that provide optimal equipment ious to go forward and really under- the government and infuriate the pub- for our Nation’s military. scored why he was the only choice, the lic. I thank the chairman and all those gentleman from Texas (Mr. CONAWAY). Our bill is a step in the right direc- who worked on this bill. Mr. CONAWAY. I thank the gen- tion, but we all know there is much Mr. MCHUGH. At this time I’d be tleman from New York for yielding more to be done to refocus the acquisi- happy to yield such time as he may time on this issue. I rise today to lend tions process on supporting the consume to our ranking member on the another bipartisan voice to support for warfighter first. Air and Land Subcommittee, the gen- Mr. Chairman, I look forward to con- the Weapons Acquisition System Re- tleman from Maryland (Mr. BARTLETT). tinuing to work with you and Chair- form Through Enhancing Technical Mr. BARTLETT. I strongly encour- man MCHUGH and ROB ANDREWS and Knowledge and Oversight Act, giving age my colleagues to pass H.R. 2101, a the members of the committee and Ac- rise to the best acronym yet in this much needed acquisition reform bill. quisition Reform Panel as we complete Congress—the WASTE TKO Act. This bill will help facilitate a strong As a member of the HASC Defense this important task. national defense, while reining in out- I want to thank our staff—both those Acquisition Reform Panel, I feel a deep of-control cost growth in the develop- of the committee and personal offices— sense of obligation to both our men and ment of major weapons systems. who have done such great work on this This bill is a result of an intensive, women in uniform and my constituents bill. I encourage my colleagues to sup- cooperative, and collaborative bipar- back home to get this right and to give port this important legislation. the Defense Department the tools and Mr. SKELTON. May I inquire as to tisan and bicameral effort to improve the manpower it needs to get the ac- the number of minutes I have left? and modernize the procurement and ac- quisition process right. The SPEAKER pro tempore. The gen- quisition process for our Armed Forces. As with almost all work on the tleman has 9 minutes. I want to recognize in particular the Armed Services Committee, I am Mr. SKELTON. Before I yield to the efforts of Chairman IKE SKELTON, pleased that we are able to work in a next speaker, I wish to add to what my Ranking Member JOHN MCHUGH, and bipartisan manner, and I thank Chair- colleagues on the other side have said. the members of the Defense Acquisi- man SKELTON, Ranking Member What outstanding work our staff has tion Reform Panel led by Chairman MCHUGH, and Chairman ANDREWS for done on this legislation—complicated. ROBERT ANDREWS and Ranking Member their leadership throughout this proc- And they glued it together and the jig- MIKE CONAWAY. ess. saw puzzle has an absolute clear pic- Additionally, I would like to thank Last month, the GAO reported that ture as to acquisition reform. We hope the unusually talented staff for their the ‘‘major weapons programs continue to go from here to conference with the tireless work and contributions to this to cost more, take longer, and deliver Senate with a successful outline. legislation. fewer quantities and capabilities than I yield 2 minutes to my friend and H.R. 2101 is a much needed response originally planned.’’ The GAO goes on colleague, a member of the Armed to help minimize cost overruns and in- to find fault in the ‘‘planning, execu- Services Committee, the gentlelady crease oversight and transparency in tion, and oversight,’’ of major weapon from New Hampshire (Ms. SHEA-POR- the way the Defense Department buys programs. Congress’ inability to real- TER). big-ticket weapons programs. I’m con- istically plan for the future is slowly Ms. SHEA-PORTER. Thank you, Mr. fident this legislation will provide a strangling our ability to govern, and in Chairman. Mr. Speaker, I rise today in positive step forward for our military no place is that more apparent than in support of the Weapons Acquisition that will save taxpayers billions of dol- how we procure military hardware. System Reform Through Enhancing lars. The legislation introduced by Chair- Technical Knowledge and Oversight Moreover, this piece of legislation man SKELTON and Ranking Member Act of 2009. This legislation is an im- strategically addresses many of the MCHUGH represents an important first portant first step in reforming the de- issues I have long raised as concerns, step towards our final goal of creating fense acquisitions process. including requirements creep, delivery an end-to-end acquisition process that We know that due to insufficient delays, overly optimistic cost esti- is most responsive to the needs of the oversight, acquisition programs have mates, and the need for an independent warfighter and responsible to the fi- continued to skyrocket in costs. The broker to advise the military and Con- nancial burdens of the taxpayer. cost growth of weapons systems acqui- gress. The WASTE TKO Act will ensure sition has been a huge drain on tax- Two weeks ago during our HASC full that new major weapons programs payer dollars—with minimal growth es- committee hearing on Reform of Major begin on a solid foundation; with accu- timates of at least $166 billion. A 20 Weapons Systems Acquisition, I posed rate cost estimation and realistic per- percent improvement in these numbers a question before our distinguished formance goals developed before the could save the taxpayers up to $30 bil- panel of experienced acquisition ex- program progresses into the system de- lion. perts regarding how they would weigh velopment and demonstration phase This legislation ensures accuracy in the causes of program cost overruns. marked milestone B. performance assessments by desig- I asked them to record percentages This legislation will institute clear nating an official to conduct perform- based on what I called requirements lines of accountability and authority ance assessments. In addition, it estab- creep, intentional underbidding, and, within the Pentagon, and establish the lishes additional annual reviews from three, optimistic or incompetent cost policies and procedures that are nec- oversight officials for problem con- estimating. essary to create a truly knowledge- tracts. These reviews, coupled with ad- In short, what I took away from our based assessment of weapons programs. ditional congressional oversight of the expert panelists’ answers was that fix- By doing our homework upfront, our ailing programs, will help keep pro- ing a broken defense acquisition sys- armed services will be better able to grams on track. tem heavily lies with the requirements

VerDate Nov 24 2008 02:40 May 14, 2009 Jkt 079060 PO 00000 Frm 00039 Fmt 7634 Sfmt 0634 E:\CR\FM\K13MY7.099 H13MYPT1 rfrederick on PROD1PC67 with HOUSE H5528 CONGRESSIONAL RECORD — HOUSE May 13, 2009 process. I believe H.R. 2101 will help de- Mr. KRATOVIL. Mr. Speaker, I rise Mr. COFFMAN of Colorado. I rise in fine requirements better upfront and in support of H.R. 2101 because it will support of H.R. 2101. This legislation establish a managed process for our save taxpayers billions of dollars while respects the needs of those who serve military and defense contractors. maintaining a strong national defense in defense of our freedom, as well as This bill will also address cost and through improved oversight of the ac- the taxpayers who are asked to burden schedule delays on programs early on. quisition of major weapons systems. the cost. This bill will force the DOD to assess Cost overruns, schedule slips, and Mr. Speaker, I am a combat veteran, alternatives as soon as any major pro- performance shortfalls have plagued with service in both the United States gram starts going off track. Currently, large weapon system acquisition pro- Army and the United States Marine this assessment is not required unless grams since World War II. Current Corps. One aspect of this legislation the program incurs a Nunn-McCurdy major defense acquisition programs that is extremely important to me is a breach, which usually doesn’t happen continue to experience these problems provision that formally requires the until a program is close to production. despite mandates from Congress and input of our combatant commanders on Nunn-McCurdy has been a useful the Department of Defense. This legis- the acquisition decisions for weapon tool. It requires notification of Con- lation is an essential step to getting systems and equipment. gress for programs that exceed cost es- back our financial house in order. b 1600 timates by 15 percent and termination As a Member of the House Armed of programs that exceed cost estimates Services Committee, I recognize that This will require the views of the end by 25 percent unless certified by the we must continue to provide a strong users that are deployed soldiers, ma- Secretary of Defense that it’s in our national defense. However, taxpayers rines, sailors and airmen in making national security interest. H.R. 2101 deserve a smart national defense as their voices heard so that they can bet- provides tools and teeth to better man- well—especially at a time when they ter perform their missions at the least age and control costs of major pro- are being compelled to tighten their cost in lives. grams from the very beginning. belts and make difficult financial deci- Madam Speaker, I stand before you today Additionally, this bill elevates the sions about how to reduce their own to express my strong support for this important importance and role of the independent personal experiences expenses. piece of legislation. As a Member of the cost estimator. This person gets to se- In light of current economic condi- House Armed Services Committee, and a new lect the confidence level that all cost tions and the sacrifices by average Member of Congress, I was honored to be ap- estimates will be developed to and also Americans across the country, Con- pointed to the Acquisition Reform Panel. gets to develop his or her own cost esti- gress and the Department of Defense As an active participant on the panel, I ap- mate. must also make a real effort to estab- preciate this opportunity to help ‘‘fix’’ an obvi- Further, the individual has to concur lish the necessary financial discipline, ously flawed defense acquisition system. My with the choice of the cost estimate accountability, and oversight of major emphasis on the Panel has been how to made by the Under Secretary of De- defense acquisition programs. achieve the best use of taxpayer dollars to The GAO found that as of 2009, the fense for Acquisition Technology and provide the right equipment, at the right time Department of Defense had at least Logistics, AT&L, in creating a baseline for our Marines, soldiers, sailors, and airmen. $166 billion of cost growth on 96 major budget for the program. As a combat veteran with two tours in Iraq, weapons systems. A 20 percent im- Lastly, I have been a longtime advo- I realize from personal experience just how provement could save the taxpayer as cate of independent ‘‘brokers’’ to ad- critical a well-functioning acquisition system is much as $30 billion. to our nation’s servicemembers—especially vise our talented military and the Con- The WASTE TKO Act seeks to cut our warfighters in the field. gress. Under this bill, independent offi- the cost growth in major defense acqui- We must always fully take the ‘‘end user’’ cials would be hired to assess defense sition programs in three major ways. into account whenever we address the acqui- acquisition performance. The idea First, it requires the Secretary of De- sition process and to this end, I was pleased would be that this individual does not fense to designate an official expert on my amendment giving the Combatant Com- report to the services or to AT&L. cost estimation, systems engineering, They would report to the Secretary and performance assessment. This new manders (COCOMs) a more defined role and and to Congress about whether the tax- internal oversight function will provide input into the process was included. This bill payers are really getting value for us with independent assessments of ac- institutes a much needed level of focus and their money under a program, or if quisition programs. precision regarding the input sought from there are other alternatives or require- Second, the bill creates an ‘‘intensive Combatant Commanders to best inform the ment trades we should make. care unit’’ for sick programs. Programs Joint Requirements Oversight Council as to This bill is very similar but not iden- that are not meeting the standards for whether a new program is truly needed and tical to legislation already passed by system deployment or that have had what its fungible benefit will be in the current the Senate, S. 545, under the leadership critical Nunn-McCurdy cost breaches and future battlefield. Such precise input aims of Senators CARL LEVIN and JOHN will get additional scrutiny. to prevent the DOD from going down the road MCCAIN. There are some differences be- Finally, it increases oversight of pro- of spending billions of dollars on unnecessary tween the House and Senate bills. grams in the early stages of acquisi- programs of no real value to the warfighter. There is unified, bipartisan support for tion. It requires the DOD to set up a Our legislation addresses acquisition organi- this House bill, H.R. 2101. new system to track the cost growth zation, oversight of cost estimation, perform- It was approved unanimously, and I and schedule changes that happen prior ance assessment, and weapons acquisition encourage my colleagues to ratify the to milestone B—the decision point oversight, and fully takes into account the cur- recommendations of the House Armed where system development begins. rent problems within the Department of De- Services Committee with the strongest The SPEAKER pro tempore. The fense Acquisition process. show of support for this bill as we go time of the gentleman has expired. I urge my colleagues to vote in favor of this forward in conference with the other Mr. SKELTON. I yield an additional well-crafted and critical piece of legislation. body. 15 seconds. Mr. SKELTON. Madam Speaker, I In conclusion, I believe H.R. 2101 is a Mr. KRATOVIL. This Congress needs yield 2 minutes to my friend and col- long overdue piece of legislation that to control spending across the board— league, a member of the Armed Serv- will greatly benefit the honorable men and this bill is a necessary step in the ices Committee’s special oversight and women who volunteer to serve in area of major defense acquisition pro- panel on defense acquisition reform, our Armed Forces. grams. I strongly support H.R. 2101, the gentleman from Indiana (Mr. ELLS- Mr. Speaker, I ask my colleagues to and urge my colleagues to do the same. WORTH). support this bill. Mr. MCHUGH. At this time I’d like to Mr. ELLSWORTH. Madam Speaker, I Mr. SKELTON. Mr. Speaker, I yield 2 yield 2 minutes to a very able member thank the chairman for giving me this minutes to my friend and colleague, a of the Acquisition Reform panel and a time. member of the House Armed Services proud veteran of our United States We hear a lot about waste, fraud and Committee, the gentleman from Mary- military, the gentleman from Colorado abuse in Federal Government, and this land (Mr. KRATOVIL). (Mr. COFFMAN). bill that I support, H.R. 2101, answers

VerDate Nov 24 2008 02:40 May 14, 2009 Jkt 079060 PO 00000 Frm 00040 Fmt 7634 Sfmt 0634 E:\CR\FM\K13MY7.100 H13MYPT1 rfrederick on PROD1PC67 with HOUSE May 13, 2009 CONGRESSIONAL RECORD — HOUSE H5529 just that. I think it is critically impor- stages of development. By the time a economic climate. Cost overruns in major de- tant legislation to reform the Penta- program reaches milestone B, 75 per- fense programs are a drain on our limited re- gon’s major weapons acquisitions sys- cent of its costs are already locked in. sources and jeopardize our national security. tems. Currently, there is no process to review As of 2009 the Government Accountability Of- By now we have all heard the alarm- alternative solutions when cost or fice found $296 billion in cost growth across ing reports from the GAO, the statis- schedule growth occurs during this pe- 96 major weapons systems. We must ensure tics that show that 96 of the Depart- riod. that money we use to protect our Nation is ment of Defense’s major weapons sys- Now, there is a companion bill in the used wisely and efficiently so that taxpayer tems experienced $296 billion in cost Senate we have already discussed, the dollars get the most bang for their buck. growth and an average of 22 months’ Levin-McCain legislation. And mem- The WASTE TKO Act helps tackle cost delay in delivering these weapons to bers on the House Armed Services growth through ensuring accurate performance our warfighters. At a time when so Committee share the concerns ad- assessments, providing intensive care to ‘sick’ much has been asked of the American dressed in the Senate bill. By compari- programs, and fighting cost growth in the early taxpayer, we can do better, and we son, about 25 percent of the two bills stages of development. must do better. Runaway cost growth are the same, about 50 percent of the Specifically, this bill will bring oversight to for many of these major weapons sys- provisions are overlapping, and about the muddled process of performance assess- tems threatens other vital defense pri- 25 percent of our solutions on the ments by requiring the Secretary of Defense orities at a time when our men and House side are in addition. H.R. 2101 to designate a principal official to provide unbi- women in uniform are involved in ac- takes a different approach from the ased evaluations on the success of our acqui- tive combat both in Iraq and Afghani- Levin-McCain legislation bill in how it sitions programs. The bill will also mandate stan. addresses issues of systems engineering additional reviews for programs that fail to Chairman SKELTON and Ranking and other matters. meet development requirements or have ex- Member MCHUGH and my colleagues on In summary, Madam Speaker, I sup- treme cost growth problems. This gives Con- the House Armed Services Committee port H.R. 2101, and I ask that my fellow gress the power to get an honest assessment recognize the Pentagon’s acquisition Members support it as well. of a ‘sick’ program’s condition and decide process is on an unsustainable path. Mr. MCHUGH. I reserve the balance whether it merits the risks of proceeding with The most important element to this of my time. development. Finally, the bill requires DOD to legislation, in my view, is the strict Mr. SKELTON. I reserve the balance track cost growth and scheduling changes that oversight and accountability applied to of my time. take place before the program reaches mile- the early development stage of major Mr. MCHUGH. Madam Speaker, I stone B, where 75% of its costs are already weapons acquisitions. would yield myself the balance of our locked in place. This allows Congress to re- This legislation requires the Depart- time. view alternative solutions to fight cost growth ment of Defense to track cost growth Madam Speaker, as you have heard before it becomes a permanent drain on a and schedule changes that happen prior here today through very eloquent and program. to milestone B, the point in the process insightful comments of Members on When cost overruns and schedule delays when the systems and development both sides of the aisle, this is a piece of continue to haunt a program, it threatens the start. This is critical because 75 per- legislation that we believe very strong- ability to provide our men and women in uni- cent of the systems costs are locked in ly deserves the full and enthusiastic form with the best equipment possible to pro- as systems emerge from the develop- support of every Member of this House. tect our Nation. This bill goes a long way to- ment stage. And I want to close how I opened, and wards increasing effective Congressional over- Madam Speaker, H.R. 2101 represents that is a word of thanks to our distin- sight and will help us continue to be respon- a strong bipartisan approach to reform- guished chairman and to the Chair and sible stewards of U.S. taxpayer dollars. I urge ing major weapons systems acquisi- ranking member of our special panel, my colleagues to join me in supporting this tion. But it is only a start. As a mem- Messrs. CONAWAY and ANDREWS for much-needed legislation. ber of the Armed Services Committee’s their great efforts. And I know today Mr. VAN HOLLEN. Madam Speaker, today Defense Acquisition Panel, I will con- that the House will take an important I rise in support of H.R. 2101, a bill to address tinue to work with Chairman ROB AN- step forward in both serving our men waste, fraud and abuse in the government’s DREWS and Ranking Member MIKE and women in uniform better through procurement process. This bipartisan measure CONAWAY to review where action is acquisition reform and equally serving is an important step in the Congressional ef- needed to ensure greater return on our the interests of the United States tax- fort to increase oversight of DoD’s procure- investment. payer. ment process and to limit overall defense cost Mr. MCHUGH. Madam Speaker, at With that, I yield back the balance of growth. this time I am proud to yield 2 minutes my time. For years the American people have to the gentleman from Louisiana (Mr. Mr. SKELTON. I wish to mention, watched with frustration as exploding contract FLEMING), a 6-year member of the Navy Madam Speaker, that this is landmark and procurement costs drive up the cost of and a military family physician. legislation. It will go a long, long way government. We all remember the $200 toilet Mr. FLEMING. Madam Speaker, I in making sure we get the best weap- seat. This bill is an attempt to get such cost thank Ranking Member MCHUGH and ons systems possible for our men and overruns and bloat under control at the largest also Chairman SKELTON. I rise to speak women who wear the uniform, and also agency in the federal government—the DoD. about and to support H.R. 2101. more in budget, and it is extremely im- The Weapons Acquisition System Reform We must continue providing a strong portant. A special thanks to Mr. Act will help fight abuse in defense contracting national defense while reining in out- MCHUGH, to the panel, Mr. ANDREWS and procurement by establishing a principal of-control cost growth in the develop- and Mr. CONAWAY. A special thanks to acquisitions adviser who will monitor costs, ment of major weapons systems. Tax- the staff members, Andrew Hunter, es- oversee performance assessments and track payers deserve to get the most bang for pecially, and Erin Conaton. And we cost growth for major DoD programs at the their buck, especially when national urge a solid vote on this piece of legis- beginning of the decision making process, be- security matters are involved. Cost lation. fore the final go ahead is given. overruns in major defense weapons sys- Mr. LANGEVIN. Madam Speaker, I rise to The President has proposed a broad and tems are a huge drain on the defense urge passage of the Weapons Acquisition ambitious agenda that will require all us to budget. Systems Reform Through Enhancing Tech- help identify ways to save money and bring This bill accomplishes this in three nical Knowledge and Oversight Act of 2009, or down the costs of government. This bill is an ways, number one, by ensuring accu- the WASTE TKO Act. I want to thank Chair- important step in that direction. racy of information for performance man SKELTON for his leadership in addressing Mr. SKELTON. With that, I yield assessment; number two, providing in- this critical issue and bringing this bill to the back. tensive care to sick programs, some- floor so quickly and with such strong support. The SPEAKER pro tempore (Ms. times they need just a little nudge to In today’s world, we face a difficult balance BALDWIN). The question is on the mo- get back on track; and, number three, between keeping our Nation safe and oper- tion offered by the gentleman from tracking cost growth in the early ating within the fiscal constraints of our current Missouri (Mr. SKELTON) that the House

VerDate Nov 24 2008 02:40 May 14, 2009 Jkt 079060 PO 00000 Frm 00041 Fmt 7634 Sfmt 0634 E:\CR\FM\K13MY7.103 H13MYPT1 rfrederick on PROD1PC67 with HOUSE H5530 CONGRESSIONAL RECORD — HOUSE May 13, 2009 suspend the rules and agree to the reso- extend their remarks on the resolution as members of the National Guard and lution, H. Res. 432. under consideration. the other Reserve components. Their The question was taken. The SPEAKER pro tempore. Is there commitment to this Nation and to The SPEAKER pro tempore. In the objection to the request of the gen- their services can be measured in many opinion of the Chair, two-thirds being tleman from New York? ways. But I believe there is no better in the affirmative, the ayes have it. There was no objection. evidence of their patriotism and com- Mr. SKELTON. Madam Speaker, on Mr. MASSA. I yield myself as much mitment to the defense of America that I demand the yeas and nays. time as I might consume. Madam than their astounding willingness to The yeas and nays were ordered. Speaker, Armed Forces Day was estab- re-enlist and continue serving. Today, The SPEAKER pro tempore. Pursu- lished to recognize the men and women such re-enlistment decisions are made ant to clause 8 of rule XX and the serving in the Army, Navy, Marine with the knowledge that it will mean Chair’s prior announcement, further Corps, Air Force and Coast Guard. I repeat tours of duty in war zones where proceedings on this motion will be rise today to urge my colleagues to death and injury are potential out- postponed. support House Resolution 377, honoring comes. f the exemplary service of the men and Nevertheless, the most re-enlistment women of the United States Armed data continues a trend that has existed RECOGNIZING ARMED FORCES DAY Forces. since September 11, 2001. For example, Mr. MASSA. Madam Speaker, I move The armed services have performed as of the end of March this year, Army to suspend the rules and agree to the with dedication and bravery on behalf re-enlistments for this year ranged resolution (H. Res. 377) recognizing of the United States of America, and from 111 percent to 114 percent of goal. Armed Forces Day and the exemplary they have been killed or injured in con- Marine Corps and re-enlistments range service of the members of the United flicts and operations around the world from 197 percent to 204 percent of goal. States Armed Forces. in order to bring peace and stability in When Armed Forces Day was created The Clerk read the title of the resolu- the name of democracy. Armed Forces in 1949, its purpose was to establish a tion. Day recognizes the sacrifices that the time when all Americans could reflect The text of the resolution is as fol- Armed Forces and their families have on and honor the service of the men lows: given and continue to give to the and women of the Armed Forces. This H. RES. 377 United States of America. week, Armed Forces Day will be cele- Whereas Armed Forces Day was created in This resolution shows that the House brated on May 16. On that day, I would 1949 in connection with the consolidation of of Representatives remains committed urge my colleagues to reflect on the ex- the military services in the Department of to supporting the members of the traordinary service rendered not only Defense; Armed Forces and their families. It en- by those who have previously served, Whereas the purpose of Armed Forces Day courages all Americans to show their but also of those who now are com- is to honor the men and women who are serv- support and appreciation for the brave mitted to making this Nation safe. On ing in the Army, Navy, Marine Corps, Air that day and every day, I would also Force, and Coast Guard, including the Na- Americans and their families. We also commend those citizens whose organi- urge my colleagues to take the time to tional Guard and Reserve components; individually thank every previous and Whereas Armed Forces Day is celebrated zations volunteer to support our serv- on the third Saturday in May, which this icemembers and their families at home current member of the armed services year is May 16, 2009; and abroad. they encounter for their service. Whereas members of the Armed Forces Those who wear the uniform of our I heartily recommended that all my have performed tremendous service on behalf military services deserve our honor and colleagues vote ‘‘yes’’ on this resolu- of the United States; great respect. Armed Forces Day is an tion. Whereas members of the Armed Forces Mr. MASSA. I continue to reserve opportunity for all other Americans to have been killed and injured in operations to the balance of my time. display their pride and appreciation for bring peace and stability in the name of de- Mr. FLEMING. Madam Speaker, I this noble and selfless service. So I now mocracy; and would like to recognize Mr. CALVERT of call upon Members of this great House Whereas all Americans express their rec- California for such time as he may con- ognition and gratitude for members of the to join me in supporting this resolu- sume. Armed Forces at home and abroad: Now, tion, thereby expressing our common therefore, be it Mr. CALVERT. Madam Speaker, I pride and regard for our military on be- rise today in support of H. Res. 377, Resolved, That the House of Representa- half of a grateful Nation. tives, on the occasion of Armed Forces Day which honors and recognizes Armed I reserve the balance of my time. 2009— Forces Day on May 16. Over the course Mr. FLEMING. Madam Speaker, I (1) honors and recognizes the service and of our Nation’s history, generations of yield myself such time as I might con- sacrifice that members of the Armed Forces Americans have made tremendous sac- sume. and their families gave, and continue to give, rifices to protect the freedoms we hold Madam Speaker, I rise in support of to the United States; dear. And we honor these courageous (2) remains committed to supporting the House Resolution 377, which recognizes Americans on Armed Forces Day and members of the Armed Forces and their fam- Armed Forces Day, May 16, and the ex- ilies; throughout the month of May. emplary service of the members of the Armed Forces Day is an opportunity (3) encourages Americans to show their armed services. I want to commend my support and appreciation for members of the to recognize our troops and their fami- Armed Forces on Armed Forces Day; colleagues, Congressmen KEN CALVERT lies, as well as rededicate ourselves to (4) commends the actions of private citi- and NEIL ABERCROMBIE, for sponsoring the promises our Nation has made to zens and organizations who volunteer to sup- it. repay their service and sacrifice. When port America’s wounded warriors; and Today we are a Nation at war, with we make our promises to our troops, (5) expresses the gratitude of the American more than 2,750,000 men and women in people to the members of the Armed Forces we must keep them, for they most cer- uniform and more than 270,000 deployed tainly have kept their commitment to for their service on behalf of the United worldwide. The men and women of to- States. the American people. day’s armed services are all volunteers Madam Speaker, I urge all my col- The SPEAKER pro tempore. Pursu- and have willingly, professionally, leagues to support H. Res. 377 and to ant to the rule, the gentleman from competently and unselfishly met every declare to all U.S. servicemembers that New York (Mr. MASSA) and the gen- challenge this Nation has presented to we stand with them. When the call of tleman from Louisiana (Mr. FLEMING), them. In meeting those challenges, duty sounded, they did not hesitate to each will control 20 minutes. many have died and more have been answer. Let us not hesitate in our sup- The Chair recognizes the gentleman wounded and injured. from New York. port of all those brave men and women These magnificent men and women of the United States Armed Forces. GENERAL LEAVE come not only from the active compo- Mr. MASSA. I ask unanimous con- nents of the Army, Navy, Marine b 1615 sent that all Members have 5 legisla- Corps, Air Force and Coast Guard, but Mr. FLEMING. Madam Speaker, I tive days within which to revise and also from our hometown communities yield back the balance of my time.

VerDate Nov 24 2008 02:40 May 14, 2009 Jkt 079060 PO 00000 Frm 00042 Fmt 7634 Sfmt 0634 E:\CR\FM\K13MY7.105 H13MYPT1 rfrederick on PROD1PC67 with HOUSE May 13, 2009 CONGRESSIONAL RECORD — HOUSE H5531 Mr. MASSA. Madam Speaker, I yield Shakespeare penned this quote in Henry V. flict with an opposing foreign force; or while myself such time as I may consume. It represents the unfailing commitment and serving with friendly foreign forces engaged Madam Speaker, it is with a par- spirit of unity a military member has with his in an armed conflict against an opposing ticular honor that I have been asked to armed force in which the United States is fellow warriors. not a belligerent party. rise to introduce this legislation, re- I am a very proud cosponsor of this meas- (3) The deed performed must have been one membering in my own life story the ex- ure and urge all Americans to offer their of personal bravery or self-sacrifice so con- citement of a 17-year-old young man as thanks to our military members who boldly de- spicuous as to clearly distinguish the indi- that individual entered the United fend our democratic freedoms at home and vidual above his or her comrades and must States Naval Academy; and reflecting abroad. have involved risk of life. upon a, frankly, long, 30-year journey And that’s just the way it is. (4) Incontestable proof of the performance that has brought me here today in this Mr. MASSA. I yield back the balance of the service will be exacted and each rec- great House to call upon my fellow col- ommendation for the award of this decora- of my time. tion will be considered on the standard of ex- leagues to join me in recognizing the The SPEAKER pro tempore. The traordinary merit. millions of Americans who have now question is on the motion offered by (5) Fewer than 3,500 Medals of Honor have followed the veterans who have joined the gentleman from New York (Mr. been awarded to members of the United me now out of the armed services. It is MASSA) that the House suspend the States Armed Forces. right and just as a son of a military rules and agree to the resolution, H. (6) The Congressional Medal of Honor Soci- member, as the brother of a military Res. 377. ety is a not-for-profit organization chartered member, as the colleague of so many The question was taken. by the 85th Congress under a legislative act veterans of this great body, it fills me signed into law by President Dwight D. Ei- The SPEAKER pro tempore. In the senhower on August 14, 1958, and membership with emotion and clarity of eye and opinion of the Chair, two-thirds being in the Society is restricted to recipients of thought to imagine that that 17-year- in the affirmative, the ayes have it. the Medal of Honor. old young man could journey so far as Mr. FLEMING. Madam Speaker, on (7) Society members are joined together to be here today to call upon all Ameri- that I demand the yeas and nays. for the purpose of forming and maintaining cans to honor all those in service and The yeas and nays were ordered. friendship among all living recipients of the in uniform around the world. It is a The SPEAKER pro tempore. Pursu- Medal of Honor and remembrance of post- tremendous honor to bring this resolu- ant to clause 8 of rule XX and the humous and deceased recipients.; they are tion to the floor of the House of Rep- dedicated to the protection and preservation Chair’s prior announcement, further of the dignity, honor and name of the Medal resentatives. I close my remarks on proceedings on this motion will be of Honor; service to others; service to Na- that note. postponed. tion; and the promotion of allegiance to the Mr. POE of Texas. Madam Speaker, the f Constitution and the Government of the 34th President of the United States, Dwight Ei- United States. senhower, said that ‘‘it is fitting and proper MEDAL OF HONOR COMMEMORA- (8) Members of the Society act to foster pa- that we devote one day each year to pay spe- TIVE COIN ACT OF 2009 triotism and to inspire and encourage the cial tribute to those whose constancy and Mr. WATT. Madam Speaker, I move youth of America to become worthy citizens. courage constitute one of the bulwarks guard- (9) The Congressional Medal of Honor to suspend the rules and pass the bill Foundation, a 501(c)(3) not-for-profit organi- ing the freedom of this nation and the peace (H.R. 1209) to require the Secretary of zation founded by the Society in 1999, is dedi- of the free world.’’ the Treasury to mint coins in recogni- cated to— I agree, Madam Speaker, and I am proud to tion and celebration of the establish- (A) perpetuating the Medal of Honor’s leg- be a cosponsor of this resolution. ment of the Medal of Honor in 1861, acy through outreach and collaborative ef- Fifty-nine years ago we began the tradition America’s highest award for valor in forts; of honoring the Armed Forces on the third action against an enemy force which (B) raising funds for initiatives that pro- Saturday of May as the national Armed Forces can be bestowed upon an individual mote what the Medal of Honor represents, Day. operation of the Congressional Medal of serving in the Armed Services of the Honor Society headquarters, and the public Before 1950 there were individual holidays United States, to honor the American in honor of each of the five branches of the outreach activities of the Medal of Honor So- military men and women who have ciety’s membership; and military—Army, Navy, Marine Corps, Air been recipients of the Medal of Honor, (C) promoting American values and the Force, and Coast Guard. and to promote awareness of what the qualities of courage, sacrifice and patriotism President Truman established this single Medal of Honor represents and how or- through increased awareness, education, holiday to honor the servicemembers of all dinary Americans, through courage, scholarships, behavior and example. branches as an act of unity after the Depart- sacrifice, selfless service and patriot- (10) Through its educational and outreach programs, the Congressional Medal of Honor ment of Defense was created. ism, can challenge fate and change the There are several purposes for celebrating Foundation promotes heroism, selflessness course of history. Armed Forces Day—educating the public on and distinguished citizenship among Amer- The Clerk read the title of the bill. ican youth and brings public awareness to the jobs and role of the military, exhibiting the The text of the bill is as follows: military’s state of the art equipment, and most the actions of ordinary Americans who have made and are making a profound difference importantly for acknowledging the people who H.R. 1209 Be it enacted by the Senate and House of Rep- in preserving our freedoms. serve our country in the Armed Forces. SEC. 3. COIN SPECIFICATIONS. Today 1.5 million people are on active duty resentatives of the United States of America in Congress assembled, (a) DENOMINATIONS.—In recognition and in the U.S. military. In addition, 850,000 men celebration of the founding of the Medal of SECTION 1. SHORT TITLE. and women serve in the seven reserve and Honor in 1861, and notwithstanding any This Act may be cited as the ‘‘Medal of guard divisions—Army National Guard, Army other provision of law, the Secretary of the Honor Commemorative Coin Act of 2009’’. Treasury (hereafter in this Act referred to as Reserve, Marine Forces Reserve, Navy Re- SEC. 2. FINDINGS. serve, Air National Guard, Air Force Reserve, the ‘‘Secretary’’) shall mint and issue the The Congress finds as follows: following coins: and Coast Guard Reserve. (1) The Medal of Honor, first authorized by (1) $5 GOLD COINS.—Not more than 100,000 $5 These brave folks serve our country all over the Congress in 1861 as the United States gold coins, which shall— the world at 820 different military installations. Navy’s highest personal decoration, the (A) weigh 8.359 grams; About 140,000 servicemembers are sta- Army Medal of Honor was authorized by the (B) have a diameter of 0.850 inches; and tioned in Iraq and 56,000 are in Afghanistan. Congress in 1862, and the Air Force Medal of (C) contain 90 percent gold and 10 percent This special day is celebrated every year Honor was authorized by Congress in 1956. alloy. with parades, military reenactments, air (2) The Medal of Honor is presented by the (2) $1 SILVER COINS.—Not more than 500,000 shows, and open houses at military bases. President of the United States in the name $1 coins , which shall— The theme for this year’s Armed Forces Day of the Congress, to a person who, while a (A) weigh 26.73 grams; is ‘‘United in Strength.’’ member of the United States Armed Forces, (B) have a diameter of 1.500 inches; and distinguishes himself or herself conspicu- (C) contain 90 percent silver and 10 percent United indeed, Madam Speaker. ‘‘From this ously by gallantry and intrepidity at the day to the ending of the world, we in it shall copper. risk of his or her life above and beyond the (b) LEGAL TENDER.—The coins minted be remembered. We few, we happy few, we call of duty while engaged in action against under this Act shall be legal tender, as pro- band of brothers; for he today that sheds his an enemy of the United States; while en- vided in section 5103 of title 31, United States blood with me shall be my brother.’’ gaged in military operations involving con- Code.

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(c) NUMISMATIC ITEMS.—For purposes of gressional Medal of Honor Foundation to the bill, and thus falls within the jurisdic- sections 5134 and 5136 of title 31, United help finance the educational, scholarship and tion of the Committee on Ways and Means. States Code, all coins minted under this Act outreach programs of the Foundation. However, as part of our ongoing under- shall be considered to be numismatic items. (c) AUDITS.—The Congressional Medal of standing regarding commemorative coin SEC. 4. DESIGN OF COINS. Honor Foundation shall be subject to the bills and in order to expedite this bill for (a) DESIGN REQUIREMENTS.— audit requirements of section 5134(f)(2) of Floor consideration, the Committee will (1) IN GENERAL.—The design of the coins title 31, United States Code, with regard to forgo action. This is being done with the un- minted under this Act shall be emblematic the amounts received under subsection (b). derstanding that it does not in any way prej- of the traditions, legacy, and heritage of the (d) LIMITATION.—Notwithstanding sub- udice the Committee with respect to the ap- Medal of Honor, and the distinguished serv- section (a), no surcharge may be included pointment of conferees or its jurisdictional ice of its recipients in the Nation’s history. with respect to the issuance under this Act prerogatives on this bill or similar legisla- (2) DESIGNATION AND INSCRIPTIONS.—On of any coin during a calendar year if, as of tion in the future. each coin minted under this Act, there shall the time of such issuance, the issuance of I would appreciate your response to this be— such coin would result in the number of com- letter, confirming this understanding with (A) a designation of the value of the coin; memorative coin programs issued during respect to H.R. 1209, and would ask that a (B) an inscription of the year ‘‘2011’’; and such year to exceed the annual 2 commemo- copy of our exchange of letters on this mat- (C) inscriptions of the words ‘‘Liberty’’, rative coin program issuance limitation ter be included in the RECORD. ‘‘In God We Trust’’, ‘‘United States of Amer- under section 5112(m)(1) of title 31, United Sincerely, ica’’, and ‘‘E Pluribus Unum’’. States Code (as in effect on the date of the CHARLES B. RANGEL, (b) SELECTION.—The design for the coins enactment of this Act). The Secretary may Chairman. minted under this Act shall— issue guidance to carry out this subsection. (1) contain motifs that represent the 3 The SPEAKER pro tempore. Pursu- HOUSE OF REPRESENTATIVES, Medal of Honor designs (Army, Navy, and ant to the rule, the gentleman from COMMITTEE ON FINANCIAL SERVICES, Air Force) and specifically honor the Medal North Carolina (Mr. WATT) and the Washington, DC, May 12, 2009. of Honor recipients of both today and yester- gentleman from Minnesota (Mr. Hon. CHARLES B. RANGEL, day, such designs to be consistent with the Chairman, Committee on Ways and Means, PAULSEN) each will control 20 minutes. traditions and heritage of the United States House of Representatives, Washington, DC. Armed Services, the mission and goals of the The Chair recognizes the gentleman DEAR CHARLIE: I am writing in response to Congressional Medal of Honor Society, and from North Carolina. your letter regarding H.R. 1209, the ‘‘Medal the mission and goals of the Congressional GENERAL LEAVE of Honor Commemorative Coin Act of 2009,’’ Medal of Honor Foundation; Mr. WATT. Madam Speaker, I ask which was introduced in the House and re- (2) be selected by the Secretary, after con- unanimous consent that all Members ferred to the Committee on Financial Serv- ices on February 26, 2009. It is my under- sultation with the Boards of the Congres- may have 5 legislative days within sional Medal of Honor Society and Congres- standing that this bill will be scheduled for sional Medal of Honor Foundation and the which to revise and extend their re- floor consideration shortly. Commission of Fine Arts; and marks on this legislation and to insert I wish to confirm our mutual under- (3) be reviewed by the Citizens Coin Advi- extraneous material thereon. standing on this bill. As you know, section 7 sory Committee. The SPEAKER pro tempore. Is there of the bill establishes a surcharge for the SEC. 5. ISSUANCE. objection to the request of the gen- sale of commemorative coins that are mint- (a) QUALITY OF COINS.—Coins minted under tleman from North Carolina? ed under the bill. I acknowledge your com- this Act shall be issued in uncirculated and There was no objection. mittee’s jurisdictional interest in such sur- proof qualities. charges as revenue matters. However, I ap- Mr. WATT. Madam Speaker, I yield preciate your willingness to forego com- (b) MINT FACILITY.—For each of the 2 de- myself such time as I may consume. nomination of coins minted under this Act, mittee action on H.R. 1209 in order to allow at least 1 facility of the United States Mint Madam Speaker, I rise in support of the bill to come to the floor expeditiously. I shall be used to strike proof quality coins, H.R. 1209, the Medal of Honor Com- agree that your decision to forego further ac- while at least 1 other such facility shall be memorative Coin Act of 2009. The tion on this bill will not prejudice the Com- used to strike the uncirculated quality coins. Medal of Honor was first authorized by mittee on Ways and Means with respect to (c) PERIOD FOR ISSUANCE.—The Secretary of Congress in 1861 as the U.S. Navy’s its jurisdictional prerogatives on this or the Treasury may issue coins minted under highest personal decoration, and other similar legislation. I would support your re- quest for conferees on those provisions with- this Act only during the 1-year period begin- branches of the military followed suit ning on January 1, 2011. in your jurisdiction should this bill be the with their own Medals of Honor. subject of a House-Senate conference. SEC. 6. SALE OF COINS. The Medal of Honor is bestowed upon (a) SALE PRICE.—The coins issued under I will include this exchange of letters in this Act shall be sold by the Secretary at a a member of the Armed Forces that the Congressional Record when this bill is price equal to the sum of— conspicuously distinguishes him or considered by the House. Thank you again (1) the face value of the coins; herself at the risk of his or her own life for your assistance. (2) the surcharge provided in section 7(a) above and beyond the call of duty while BARNEY FRANK, with respect to such coins; and defending this country against an Chairman. (3) the cost of designing and issuing the enemy force. I reserve the balance of my time. coins (including labor, materials, dies, use of Fewer than 3,500 Medals of Honor Mr. PAULSEN. Madam Speaker, I machinery, overhead expenses, marketing, have been awarded to members of the rise today in strong support of H.R. and shipping). 1209, the Medal of Honor Commemora- (b) BULK SALES.—The Secretary shall United States Armed Forces, and I make bulk sales of the coins issued under commend the bill’s sponsor, Represent- tive Coin Act of 2009, introduced by the this Act at a reasonable discount. ative CHRIS CARNEY of Pennsylvania, gentleman from Pennsylvania (Mr. (c) PREPAID ORDERS.— for honoring some of America’s bravest CARNEY) as well as my colleague, the (1) IN GENERAL.—The Secretary shall ac- soldiers and most outstanding citizens gentleman from Illinois (Mr. KIRK). cept prepaid orders for the coins minted by introduction of this bill. This bill would authorize the minting under this Act before the issuance of such and issuance of up to 500,000 silver $1 Madam Speaker, I submit the following cor- coins. coins and up to 1,000 gold $5 coins at no respondence: (2) DISCOUNT.—Sale prices with respect to cost to the taxpayer. These coins will prepaid orders under paragraph (1) shall be HOUSE OF REPRESENTATIVES, help raise up to $8.5 million that can be at a reasonable discount. COMMITTEE ON WAYS AND MEANS, SEC. 7. SURCHARGES. Washington, DC, May 11, 2009. used to help the Congressional Medal of (a) IN GENERAL.—All sales of coins minted Hon. BARNEY FRANK, Honor Foundation finance its edu- under this Act shall include a surcharge as Chairman, Financial Services Committee, cational, scholarship, and outreach follows: Rayburn House Office Building, Washington, programs. (1) A surcharge of $35 per coin for the $5 DC. Madam Speaker, the Medal of Honor coin. DEAR BARNEY: I am writing regarding H.R. was created during the Civil War to (2) A surcharge of $10 per coin for the $1 1209, the ‘‘Medal of Honor Commemorative honor individual acts of extreme brav- coin. Coin Act of 2009.’’ ery and replaced a series of other U.S. (b) DISTRIBUTION.—Subject to section As you know, the Committee on Ways and 5134(f) of title 31, United States Code, all sur- Means maintains jurisdiction over bills that military medals that had been awarded charges received by the Secretary from the raise revenue. H.R. 1209 contains a provision all the way back to General George sale of coins issued under this Act shall be that establishes a surcharge for the sale of Washington during the Revolutionary promptly paid by the Secretary to the Con- commemorative coins that are minted under War. The medal is often known as the

VerDate Nov 24 2008 03:58 May 14, 2009 Jkt 079060 PO 00000 Frm 00044 Fmt 7634 Sfmt 0634 E:\CR\FM\A13MY7.038 H13MYPT1 rfrederick on PROD1PC67 with HOUSE May 13, 2009 CONGRESSIONAL RECORD — HOUSE H5533 Congressional Medal of Honor because the call of duty in defense of our Na- for the iconic movie ‘‘Forrest Gump,’’ it is awarded often by the President in tion. which was largely based on his experi- the name of Congress. It is our Na- Today I am wearing a Navy Com- ence. Footage from the Medal of Honor tion’s highest military medal. mendation Medal, which in my view is presentation to Sergeant Davis was ac- Madam Speaker, recounting the acts about 17 ranks below what is given in tually used in the movie, with Tom that have earned the Medal of Honor is the Medal of Honor. There have been Hanks’ head superimposed on the body a window into the acts of courage that 3,400 medals awarded to date, but we of Sammy Davis. strike awe in all Americans: hand-to- are focusing our effort on the 97 living On July 11, 1969, Captain—then First hand combat, climbing the walls of a recipients who are among us. Lieutenant—Hal Fritz from Peoria, fort into enemy fire, leaping onto a They are people like Al Lynch of was seriously wounded when he was grenade to save the lives of comrades. Gurnee, Illinois, a man who serves on suddenly ambushed escorting a truck Each recipient is a hero to whom we my Veterans Advisory Board and who I convoy in a seven-vehicle armored col- owe our freedom. know and respect. Like many of us vet- umn near Quan Loi in Vietnam. Since the first medals were awarded, erans, when one of the Medal of Honor After realizing his platoon was com- more than 3,400 Medals of Honor have recipients walks into a room wearing pletely surrounded, he ran from vehicle been awarded to a total of 3,400-and- that very unique insignia, everyone to vehicle in order to reposition his some individuals. And those are good, goes silent. I will say, at least from my men, assist the wounded, and provide correct figures. Extraordinarily, 19 peo- experience and I think from other vet- encouragement. When the enemy at- ple have received two Medals of Honor. erans, we all know where a Medal of tempted to overrun the platoon, Cap- Madam Speaker, the Medal of Honor Honor recipient is in the room for as tain Fritz manned the machine gun Foundation, which this legislation will long as he is in the room. and inspired his comrades to break the Al grew up in our area, went to high help fund, seeks to educate the public assault. Moments later, a second school, enlisted in the Army, and in on the values of courage, the values of enemy force advanced, and only with a 1966 volunteered for service in Vietnam sacrifice, patriotism, citizenship, in- pistol and a bayonet, Captain Fritz led as a rifleman and a platoon radio oper- tegrity and commitment. These are his small group of men in a daring ator. In December 1967, his company values that are embodied by the med- charge that routed the attackers. was deployed to the Bong Son area of als’ winners and are truly American When relief arrived, Captain Fritz the central highlands. And after a values we can all be proud of. Passage stayed to manage the troops. And when month of almost daily fighting with of this bill will help fund the founda- he saw they were not being deployed ef- the enemy, his unit was ordered to the tion’s activities and encourage others fectively, despite his wounds, refused rear for rest and recuperation; but that to follow in these brave recipients’ medical attention and organized every- rest was short-lived, because the com- footsteps. I urge my colleagues to sup- pany which relieved his unit was am- thing until his wounded comrades were port the legislation. bushed. treated and evacuated. I reserve the balance of my time. As Al’s platoon mobilized the next 1630 Mr. WATT. Madam Speaker, I am b morning, he saw three wounded men. told that Mr. CARNEY, the original Maybe the most dramatic story that Not thinking of himself, he dashed sponsor of this bill, is on his way to the we have in Illinois comes on the day of across 50 meters of open ground, floor, so I reserve the balance of my January 8, 1945. During a battle near through a hail of enemy fire, and car- Kaysersberg, France, Sergeant Russell time. ried them one by one to safety. When Mr. PAULSEN. Madam Speaker, I Dunham of Jerseyville, Illinois, single- his company was forced to withdraw, it yield such time as he may consume to handedly assaulted three enemy ma- was Al who remained to aid his com- the gentleman from Illinois (Mr. KIRK), chine guns using a white robe made of rades rather than abandoning them. mattress cover as camouflage. Ser- who is the principal Republican spon- For 2 hours, he defended their position geant Dunham crawled 75 yards under sor of this bill. against an advancing enemy. heavy fire, and as he jumped to his feet Before doing that, however, I want to Following this heroic action, he lo- note that Mr. KIRK was also a principal cated the counterattacking friendly 10 yards from the gun, a rifle bullet hit sponsor of a commemorative coin hon- company to assist the attack and to him, creating a 10-inch gash across his oring disabled American veterans that evacuate the three casualties. He suc- back and sending him spinning 15 yards will help fund a memorial to them that cessfully completed his tour in Viet- down the hill into snow. is scheduled to be built between the nam and was sent to Fort Hood, Texas, In excruciating pain, he got back up Rayburn and the Ford buildings. This where he was discharged from the and renewed a one-man assault. After Chamber owes him a round of apprecia- Army in 1969. A year later, just before kicking aside a German egg grenade, tion for all of his hard work on those he was to be married, he learned that Sergeant Dunham shot and killed the important issues. for these actions he would receive the German machine gunner and assistant Mr. KIRK. Madam Speaker, I thank Medal of Honor, and on May 14, 1970, gunner. Sergeant Dunham then pro- the chairman and thank the ranking President Nixon presented it to him. ceeded 50 yards through a storm of member for this opportunity to speak We also commend men like Sammy enemy fire to destroy the second ma- in praise of CHRIS CARNEY. It is no acci- Davis of Flat Rock, Illinois. On Novem- chine gun by throwing two grenades dent that CHRIS and I work on a num- ber 18, 1967, while serving as a can- into the emplacement. Under heavy ber of pieces of legislation. The bond noneer at a remote fire support base fire from both machine guns and gre- between us, forged in the United States just west of Cai Lay, Vietnam, he came nades, Dunham again advanced by Navy, is stronger than any partisan under heavy mortar attack. Sergeant crawling farther up the hill. At a range bond, and he has become a real hero to Davis single-handedly fired his how- of 15 yards, he jumped to his feet and me in building these bipartisan efforts itzer several times at the enemy. Un- killed the crew of a timbered machine to commemorate our men and women daunted by an enemy mortar blast gun emplacement with hand grenades. in uniform. which landed 20 meters from his posi- Despite a painful wound, Sergeant We put forward H.R. 1209, the Medal tion wounding him, he continued to Dunham spearheaded a spectacular at- of Honor Commemorative Coin Act, fight. Disregarding his extensive inju- tack that saved many of his men, and and it is bipartisan legislation. Under ries and his inability to swim, Sergeant he just passed away a month ago. the rules of the House, it had to get Davis used an air mattress to rescue The stories of these four Illinois resi- over 290 cosponsors. We think it will three wounded comrades trapped on dents are just a few of the many ex- help the Foundation raise over $5 mil- the other side of the river with the traordinary acts of heroism by soldiers, lion for their benefit. Vietcong. Upon reaching the wounded sailors, and airmen who went beyond As everyone knows, the Medal of men, he stood and fired into the dense the call of duty in the face of grave Honor is the Nation’s highest award for vegetation to prevent the enemy from danger. valor in action against an enemy force, advancing. The legislation authored by Con- and it symbolizes how uniformed You may slightly recognize Sergeant gressman CARNEY before us, H.R. 1209, Americans have gone above and beyond Davis’ story because it was the model is important because it will serve as a

VerDate Nov 24 2008 02:40 May 14, 2009 Jkt 079060 PO 00000 Frm 00045 Fmt 7634 Sfmt 0634 E:\CR\FM\K13MY7.110 H13MYPT1 rfrederick on PROD1PC67 with HOUSE H5534 CONGRESSIONAL RECORD — HOUSE May 13, 2009 reminder for these brave men and uating the Medal of Honor’s legacy quorum is not present and make the women—still numbering 90 strong—to through outreach and collaborative ef- point of order that a quorum is not promote the qualities the Medal of forts. It also raises funds for initiatives present. Honor embodies. that promote the values that the Medal The SPEAKER pro tempore. Pursu- As the first U.S. Representative to be of Honor represents, which is courage, ant to clause 8 of rule XX and the deployed into an imminent danger area sacrifice, and patriotism. Chair’s prior announcement, further since World War II, I know many of the Some of the examples of the Congres- proceedings on this motion will be sacrifices and challenges that men and sional Medal of Honor Foundation ac- postponed. women in our Armed Forces face. Al- tivities include working with the staff The point of no quorum is considered most every morning I think about the of the Smithsonian National Museum withdrawn. men and women I served with in Af- of American History to establish a f ghanistan when I left there in January. dedicated Medal of Honor exhibit as This legislation helps us recognize part of the larger permanent exhibit GOLD MEDAL FOR JAPANESE the true heroes among that cadre. I called ‘‘The Price of Freedom.’’ They AMERICAN ARMY UNITS think we will have some more heroes also established a Medal of Honor Mr. WATT. Madam Speaker, I move emerge from conflicts in Iraq and Af- scholarship program for outstanding to suspend the rules and pass the bill ghanistan that are award winners. But students enrolled in the Reserve Officer (H.R. 347) to grant the Congressional today, we mark the 97 who are living, Training Corps programs for the Army, Gold Medal, collectively, to the 100th and those 3,400 who all received the the Air Force, the Navy, and the Ma- Infantry Battalion and the 442nd Regi- Medal. rines. Collaborating in the production mental Combat Team, United States This legislation will help us raise of two Medal of Honor documentaries Army, in recognition of their dedicated money for the foundation, will help us released in 2006; one, ‘‘The Medal of service during World War II. advance the values that these awardees Honor,’’ produced by PBS, and two, The Clerk read the title of the bill. embodied, and teach us a very, very ‘‘The Medal,’’ syndicated for television The text of the bill is as follows: painful but important lesson about how across the United States. Established important this country is, how valu- an Above & Beyond Citizen Honors pro- H.R. 347 able it is, and how much it takes to de- gram to recognize ordinary Americans Be it enacted by the Senate and House of Rep- fend her. who have exhibited in their daily lives resentatives of the United States of America in Congress assembled, Mr. WATT. Madam Speaker, I yield the same ideals that the Medal of as much time as he may consume to Honor recipients displayed in combat. SECTION 1. FINDINGS. the gentleman from Pennsylvania (Mr. Congress makes the following findings: The President of the United States (1) On January 19, 1942, 6 weeks after the CARNEY), the primary sponsor of this joined the Medal of Honor recipients in December 7, 1941, attack on Pearl Harbor by bill on our side. the laying of a wreath at the Tomb of the Japanese Navy, the United States Army Mr. CARNEY. I thank the gentleman. the Unknowns this year to initiate the discharged all Japanese-Americans in the I rise, obviously, in support of this Above & Beyond Citizen Honor cere- Reserve Officers Training Corps and changed bill. I do want to thank my good friend monies. their draft status to ‘‘4C’’—the status of and shipmate, MARK KIRK, for working Finally, the foundation distributed ‘‘enemy alien’’ which is ineligible for the so hard across the aisle to get this more than 53,000 copies of the book draft. done. It is always very heartening in ‘‘Medal of Honor: Portraits of Valor (2) On January 23, 1942, Japanese-Ameri- this body when we can do the right cans in the military on the mainland were Beyond the Call of Duty’’ to public and segregated out of their units. thing, and this truly is the right thing private school students in every State. (3) Further, on May 3, 1942, General John to do. It’s a commonsense approach These efforts deserve our support, L. DeWitt issued Civilian Exclusion Order that actually recognizes the members and so do the men and women who No. 346, ordering all people of Japanese an- of the Armed Forces who have earned a have been awarded the Medal of Honor. cestry, whether citizens or noncitizens, to Medal of Honor and provides a chance I urge my fellow Members to support report to assembly centers, where they for the Medal of Honor Foundation to this bill to help ensure that the legacy would live until being moved to permanent fill its coffers and continue to do the of the men and women whose brave relocation centers. good work that it always intended to (4) On June 5, 1942, 1,432 predominantly acts earned them the Medal of Honor Nisei (second generation Americans of Japa- do. will be remembered. nese ancestry) members of the Hawaii Provi- The Medal of Honor was first author- Mr. PAULSEN. Madam Speaker, I sional Infantry Battalion were shipped from ized by Congress in 1861 as the United yield back the balance of my time. the Hawaiian Islands to Oakland, CA, where States Navy’s highest personal decora- Mr. WATT. Madam Speaker, it has the 100th Infantry Battalion was activated tion. At that time, the Army and Air just been a great, great pleasure for me on June 12, 1942, and then shipped to train at Force also created Medals of Honor to to listen to the stories of Mr. KIRK and Camp McCoy, Wisconsin. award their members. Mr. CARNEY honoring the brave men (5) The excellent training record of the There have been a total of 3,447 re- and women who have received Medals 100th Infantry Battalion and petitions from cipients of the Medal of Honor. And as prominent civilian and military personnel of Honor. I want to thank them for in- helped convince President Roosevelt and the my good friend, Mr. KIRK, said, only 97 troducing this bill to provide funding War Department to re-open military service are living today. to the foundation that is doing, obvi- to Nisei volunteers who were incorporated I am proud to represent a district in ously, a great deal of wonderful work into the 442nd Regimental Combat Team Pennsylvania. And I will have you in our Nation to honor men and women after it was activated in February of 1943. know that Pennsylvania is second only who have served in the military and (6) In that same month, the 100th Infantry to New York State in Medal of Honor those out in the public who have not Battalion was transferred to Camp Shelby, recipients. served in the military. So I commend Mississippi, where it continued to train and It is my hope that these coins issued even though the battalion was ready to de- them. ploy shortly thereafter, the battalion was re- under this act will serve as a reminder Madam Speaker, I yield back the bal- fused by General Eisenhower, due to con- of the importance of this medal and of ance of my time. cerns over the loyalty and patriotism of the the acts these brave men and women The SPEAKER pro tempore. The Nisei. performed. question is on the motion offered by (7) The 442nd Regimental Combat Team The surplus of funds raised from the gentleman from North Carolina later trained with the 100th Infantry Bat- these coins will benefit the Congres- (Mr. WATT) that the House suspend the talion at Camp Shelby in May of 1943. sional Medal of Honor Foundation, a rules and pass the bill, H.R. 1209. (8) Eventually, the 100th Infantry Bat- not-for-profit organization chartered The question was taken. talion was deployed to the Mediterranean by the 85th Congress under legislation The SPEAKER pro tempore. In the and entered combat in Italy on September 26, 1943. signed into law by Dwight Eisenhower opinion of the Chair, two-thirds being (9) Due to their bravery and valor, mem- on August 14, 1958. in the affirmative, the ayes have it. bers of the Battalion were honored with 6 The Congressional Medal of Honor Mr. WATT. Madam Speaker, I object awards of the Distinguished Service Cross in Foundation is dedicated to perpet- to the vote on the ground that a the first 8 weeks of combat.

VerDate Nov 24 2008 02:40 May 14, 2009 Jkt 079060 PO 00000 Frm 00046 Fmt 7634 Sfmt 0634 E:\CR\FM\K13MY7.112 H13MYPT1 rfrederick on PROD1PC67 with HOUSE May 13, 2009 CONGRESSIONAL RECORD — HOUSE H5535 (10) The 100th Battalion fought at Cassino, the cost of the medal authorized under sec- branches of the United States Armed Italy in January, 1944, and later accom- tion 2. Forces, but that changed dramatically panied the 34th Infantry Division to Anzio, (b) PROCEEDS OF SALE.—Amounts received after the terrible attack on Pearl Har- Italy. from the sale of duplicate bronze medals bor on December 7, 1941. Immediately, (11) The 442nd Regimental Combat Team under section 3 shall be deposited in the arrived in Civitavecchia, Italy on June 7, United States Mint Public Enterprise Fund. many Japanese Americans were classi- fied unfit for military service or as 1944, and on June 15 of the following week, The SPEAKER pro tempore. Pursu- enemy aliens, even if they were second the 100th Infantry Battalion was formally ant to the rule, the gentleman from made an integral part of the 442nd Regi- generation Japanese Americans, known North Carolina (Mr. WATT) and the mental Combat Team, and fought for the as ‘‘nisei,’’ born in the United States. gentleman from Minnesota (Mr. last 11 months of the war with distinction in In June of 1942, the 1,400 members of PAULSEN) each will control 20 minutes. Italy, southern France, and Germany. the Hawaii Provisional Infantry Bat- The Chair recognizes the gentleman (12) The battalion was awarded the Presi- talion were shipped from the islands to dential Unit Citation for its actions in battle from North Carolina. on June 26–27, 1944. Oakland, where they formed into the GENERAL LEAVE 100th Infantry Battalion and were sent (13) The 442nd Regimental became the most Mr. WATT. Madam Speaker, I ask decorated unit in United States military his- to Wisconsin for training. Eight tory for its size and length of service. unanimous consent that all Members months later, based on the battalion’s (14) The 100th Battalion and the 442nd Reg- may have 5 legislative days within excellent training record, President imental Combat Team, received 7 Presi- which to revise and extend their re- Roosevelt and the War Department dential Unit Citations, 21 Medals of Honor, 29 marks on this legislation and to insert agreed to let the other nisei into the Distinguished Service Crosses, 560 Silver extraneous material thereon. service, which led to the formation of Stars, 4,000 Bronze Stars, 22 Legion of Merit The SPEAKER pro tempore. Is there Medals, 15 Soldier’s Medals, and over 4,000 the 442nd. objection to the request of the gen- Madam Speaker, the 100th Infantry Purple Hearts, among numerous additional tleman from North Carolina? distinctions. Battalion was deployed to the Italian (15) The United States remains forever in- There was no objection. front in late September of 1943 and, debted to the bravery, valor, and dedication Mr. WATT. Madam Speaker, I yield while it encountered heavy fighting, to country these men faced while fighting a myself as much time as I may con- acquitted itself so well its members 2-fronted battle of discrimination at home sume. earned six Distinguished Service and fascism abroad. Madam Speaker, I rise in support of Crosses in their first 2 months of ac- (16) Their commitment and sacrifice dem- H.R. 347, a bill to award the Congres- tion. The 442nd arrived in the Italian onstrates a highly uncommon and commend- sional Gold Medal collectively to the able sense of patriotism and honor. theater 6 months later, and the two 100th Infantry Battalion and the 442nd units joined together, fighting with SEC. 2. CONGRESSIONAL GOLD MEDAL. Regimental Combat Team, United (a) AWARD AUTHORIZED.—The Speaker of distinction in Italy, France and Ger- the House of Representatives and the Presi- States Army. many for the remainder of the war. dent pro tempore of the Senate shall make The 100th Infantry Battalion fought Together, it is important to note appropriate arrangements for the award, on valiantly in World War II in the that they received seven Presidential behalf of the Congress, of a single gold medal Italian, French and German theaters. Unit Citations, 21 Medals of Honor, 29 of appropriate design to the 100th Infantry The 100th Infantry Battalion consisted Distinguished Service Crosses, 560 Sil- Battalion and the 442nd Regimental Combat of Americans of Japanese descent that Team, United States Army, collectively, in ver Stars with 28 Oak Leaf Clusters, bravely fought for their country at a 4,000 Bronze Stars with 1,200 Oak Leaf recognition of their dedicated service during time when all people of Japanese an- World War II. Clusters, 22 Legion of Merit Medals, 15 (b) DESIGN AND STRIKING.—For the pur- cestry, whether they were citizens or Soldier’s Medals, 12 French Croix de poses of the award referred to in subsection noncitizens, were sent to interment Guerre with two Palms, two Italian (a), the Secretary of the Treasury (hereafter camps. Crosses for Military Valor, two Italian in this Act referred to as the ‘‘Secretary’’) Members of the 100th Infantry Bat- Medals for Military Valor, and more shall strike the gold medal with suitable em- talion were honored with six awards of than 9,000 Purple Hearts. It is these blems, devices, and inscriptions, to be deter- the Distinguished Service Cross in the Purple Hearts that gave the 100th Bat- mined by the Secretary. first 8 weeks of combat. And the bat- (c) SMITHSONIAN INSTITUTION.— talion the nickname ‘‘the Purple Heart talion was awarded the Presidential (1) IN GENERAL.—Following the award of Battalion.’’ the gold medal in honor of the 100th Infantry Unit Citation for its actions in battle Madam Speaker, in a war that was Battalion and the 442nd Regimental Combat on June 26 and 27, 1944. filled with heroes, a war that gave us Team, United States Army, under subsection The United States remains forever the Greatest Generation, the 100th In- (a), the gold medal shall be given to the indebted to the bravery, valor and pa- fantry Battalion and the 442nd Regi- Smithsonian Institution, where it will be triotism of these men who fought fas- mental Combat Team clearly stand displayed as appropriate and made available cism abroad and racism at home. They out. They truly lived up to their for research. are true American heroes. And I am (2) SENSE.—It is the sense of the Congress motto, ‘‘go for broke,’’ and set a stand- that the Smithsonian Institution should honored to support legislation award- ard for bravery and valor. This bill pro- make the gold medal received under para- ing members of the 100th Battalion, vides for the awarding of a Congres- graph (1) available for display elsewhere, 442nd Regimental Combat Team the sional Gold Medal in recognition of particularly at other appropriate locations Congressional Gold Medal. their service and their bravery. The associated with the 100th Infantry Battalion Madam Speaker, I reserve the bal- medal will be given to the Smithsonian and the 442nd Regimental Combat Team, ance of my time. for display and research purposes. United States Army. Mr. PAULSEN. Madam Speaker, I Madam Speaker, this award is long SEC. 3. DUPLICATE MEDALS. yield myself such time as I may con- Under such regulations as the Secretary past due. I want to thank the gen- sume. tleman from California (Mr. SCHIFF) for may prescribe, the Secretary may strike and Madam Speaker, I also rise today in sell duplicates in bronze of the gold medal taking the lead on this important leg- struck under section 2, at a price sufficient strong support of H.R. 347, introduced islation. I urge its immediate passage. to cover the costs of the medals, including by the gentleman from California (Mr. I reserve the balance of my time. labor, materials, dies, use of machinery, and SCHIFF), and I seek its immediate pas- overhead expenses. sage. b 1645 SEC. 4. NATIONAL MEDALS. This bill, cosponsored by 295 Mem- Mr. WATT. Madam Speaker, I yield Medals struck pursuant to this Act are na- bers, would award a Congressional Gold as much time as he may consume to tional medals for purposes of chapter 51 of Medal collectively to the United States the lead sponsor of this bill, the gen- title 31, United States Code. Army’s 100th Infantry Battalion and tleman from California (Mr. SCHIFF). SEC. 5. AUTHORIZATION OF APPROPRIATIONS; the 442nd Regimental Combat Team in Mr. SCHIFF. I thank the gentleman PROCEEDS OF SALE. (a) AUTHORIZATION OF APPROPRIATIONS.— recognition of their exemplary service for yielding. There is authorized to be charged against the during the Second World War. Madam Speaker, I rise today to United States Mint Public Enterprise Fund, In 1941, more than 5,000 Japanese speak in support of this legislation an amount not to exceed $30,000 to pay for Americans served in the various granting the Congressional Gold Medal

VerDate Nov 24 2008 02:40 May 14, 2009 Jkt 079060 PO 00000 Frm 00047 Fmt 7634 Sfmt 0634 E:\CR\FM\A13MY7.039 H13MYPT1 rfrederick on PROD1PC67 with HOUSE H5536 CONGRESSIONAL RECORD — HOUSE May 13, 2009 to the Japanese American 100th Infan- Islands to Oakland, California, where who have served deserve our continual try Battalion and the 442nd Regimental the 100th Infantry Battalion was acti- rededication and appreciation. The Combat Team, commonly known as the vated on June 12, 1942, and then shipped debt we owe them is immeasurable. Go For Broke regiments, for their dedi- to Camp McCoy in Wisconsin for train- Without their service, our country cated service to our Nation during ing. would surely not shine so brightly, World War II. Thanks to the excellent training stand so boldly or live so freely. It is an honor and a pleasure to offer record of the 100th Infantry Battalion, As our Nation endures these trying a humble contribution to this storied petitions from prominent civilian and times, we can look to the example of and inspirational group of men who an- military personnel helped convince the Go For Broke regiments to provide swered their country’s call in the face President Roosevelt and the war de- us with courage in the future. These of tremendous adversity. partment to reopen military service to men left the segregated country to Today we pay tribute to these regi- Nisei volunteers. fight, and unfortunately they returned ments who served our Nation at great In early 1943 the 100th Infantry Bat- to one. They defended America with no risk and to those who sacrificed all for talion was transferred to Camp Shelby, guarantee that their own freedom our freedom. These men served the Na- Mississippi, where it trained with the would be defended in return. Their true tion at a pivotal moment in our his- 442nd Regimental Combat Team. heroism lies in how they fought for the tory, displaying their heroism and Though the combat team was ready to values of America, equality, justice, courage on two fronts, abroad in the deploy shortly thereafter, the battalion and opportunity, even when those val- fight against fascism and at home was refused by General Eisenhower due ues were not fully extended to them. against the intolerance of racial injus- to lingering concerns over the loyalty We will continue to look towards tice. and patriotism of the Nisei. their example to provide hope to our The bombing of Pearl Harbor incited Eventually their exemplary training communities, to look past our dif- doubts in many Americans about the record convinced the naysayers, and ferences and to unite around our com- loyalty of Japanese Americans. These the 100th Infantry Battalion was de- mon bonds. men who enlisted to protect our Nation ployed to the Mediterranean where Men and women are able to serve were faced with segregated training they entered combat in Italy on Sep- their country today without regard to conditions, families and friends relo- tember 26, 1943. ethnicity, race or nationality because Due to their bravery and valor, mem- cated to internment camps, and re- of what these men endured and accom- bers of the battalion were honored with peated questions about their combat plished. six awards of the Distinguished Service ability. Please join me in honoring these cou- To answer the call of duty requires Cross in the first 8 weeks of combat. The 442nd Regimental Combat Team rageous men by supporting the grant- exceptional courage and sacrifice. To arrived in Italy in June of 1944 where ing of a Congressional Gold Medal col- respond with a vigor and persistence the 100th Infantry Battalion was for- lectively to the U.S. Army’s 100th In- unaffected by those who sought to ma- mally integrated as a part of the 442nd fantry Battalion and the 442nd Regi- lign and impede their every achieve- Regimental Combat Team. As a unit, mental Combat Team. ment reveals an incredible spirit and these regiments fought for the last 11 Mr. PAULSEN. Madam Speaker, at admirable will. At a time when they months of the war with selfless distinc- this time I have no other speakers. could have easily turned their backs on tion in Italy, southern France and Ger- I would like to reserve the balance of the country that had sent their fami- many, earning the nickname the Go my time. lies to internment camps, these men For Broke regiments. These regiments Mr. WATT. Madam Speaker, I yield chose instead to serve and to inspire, went on to earn several awards for as much time as he may consume, up carrying the burden of knowing that at their distinctive service in combat in- to the balance of our time, to the gen- every step through successful missions cluding, as we have heard from my col- tleman from American Samoa (Mr. and failures they would be judged not league, seven Presidential Unit Cita- FALEOMAVAEGA). simply on effort or ability but also by tions, 21 Medals of Honor, 29 Distin- (Mr. FALEOMAVAEGA asked and the color of their skin. These men cre- guished Service Crosses, 560 Silver was given permission to revise and ex- ated a shining example of patriotism, Stars, 4,000 Bronze Stars, 22 Legion of tend his remarks.) courage and skill. Merit Medals, 15 Soldier’s Medals and Mr. FALEOMAVAEGA. I do want to The story of the Japanese American over 4,000 Purple Hearts, among numer- thank my good friend, the gentleman regiments begins 6 weeks after Decem- ous additional distinctions. from North Carolina, for giving me ber 7, 1941, the attack on Pearl Harbor For their size and their length of time to speak, and especially also to by the Japanese Navy. Inspired by a service, the 100th Infantry Battalion commend my good friend from Cali- growing hysteria and xenophobia in and the 442nd Regimental Combat fornia (Mr. SCHIFF) for his sponsorship late January 1942, the U.S. Army dis- Team were the most decorated U.S. of this important bill. charged all Japanese Americans in the military units of the war. Their per- Madam Speaker, I rise today in Reserve Officer Training Corps and formance in combat revealed their strong support of H.R. 347, to grant the made them ineligible for the draft. ability as remarkable soldiers. But Congressional Gold Medal collectively Similarly, Japanese Americans in the their poise, courage and patriotism to the 100th Infantry Battalion and the military on the mainland were seg- showed also they were very remarkable 442nd Regimental Combat Team, regated out of their units. men. They looked to support from United States Army, in recognition of Following President Roosevelt’s their interned family, friends and com- their dedicated service during World issuance of Executive Order 9066, which munities. And in turn, their service War II. authorized the internment of tens of and commitment inspired those sup- I want to also thank my colleagues thousands of American citizens of Jap- porters back home to pursue new-found from the State of Hawaii. I am sure anese ancestry and resident aliens from aspirations of their own. they will be here later hopefully, my Japan, on May 3, 1942, General John L. The Go For Broke regiments were good friends and colleagues, Congress- DeWitt issued Civilian Exclusion Order not the only servicemen of Asian Pa- man ABERCROMBIE and Ms. HIRONO. No. 346, ordering all people of Japanese cific-Islander dissent to serve in World As a former member of the 100th Bat- ancestry, whether citizens or nonciti- War II. Today we also recognize those talion 442nd Infantry Group, Madam zens, to report to assembly centers groups who faced similarly daunting Speaker, I would like to share with you where they would live until being conditions at home and abroad. The the contributions of tens of thousands moved to permanent relocation cen- Military Intelligence Service, the 522nd of Japanese American soldiers who vol- ters. Field Artillery Battalion, the 1399th unteered to fight our Nation’s enemies In June of 1942, 1,432 predominantly Combat Engineer Company, the Wom- in Europe during World War II. Nisei, that is second-generation Ameri- en’s Army Corps, the Filipino Scouts After the surprise attack on Pearl cans of Japanese ancestry, members of and other heralded units. Harbor on December 7, 1941, by the Im- the Hawaii Provisional Infantry Bat- The Go For Broke and other Japa- perial Armed Forces of Japan, there talion were shipped from the Hawaiian nese American brave men and women was such an outrage and public outcry

VerDate Nov 24 2008 02:40 May 14, 2009 Jkt 079060 PO 00000 Frm 00048 Fmt 7634 Sfmt 0634 E:\CR\FM\K13MY7.116 H13MYPT1 rfrederick on PROD1PC67 with HOUSE May 13, 2009 CONGRESSIONAL RECORD — HOUSE H5537 for an all-out war against Japan. Days dential Unit Citations, the Nation’s top the floor of the body today that we after we were attacked, President Roo- award for combat units, were all award the Congressional Gold Medal in sevelt and the Congress immediately awarded to these Japanese American recognition of courage, skill, service formally declared war against Japan. units. and bravery to the 100th Infantry Bat- Out of this retaliation against Japan, I find it unusual, however, at the talion and the 442nd Regimental Com- hundreds and thousands of Americans time that only one Medal of Honor was bat Team. were caught in this crossfire. These awarded. Nonetheless, the 442nd Com- I would urge my colleagues to sup- Americans just happened to be of Japa- bat Group emerged as the most deco- port H.R. 347. nese ancestry. rated combat unit of its size in the his- I yield back the balance of my time. Our national government imme- tory of the United States Army. Mr. WATT. Madam Speaker, once diately implemented a policy, whereby A sad commentary, Madam Speaker, again, I have been privileged to be con- over 100,000 Japanese Americans were when these Japanese soldiers, full of trolling the time and have the oppor- forced to live in what were then called decorations, coming back wounded tunity to listen to these wonderful sto- relocation camps but were actually couldn’t even get a haircut in San ries that are both sad on the one hand more like prisoner concentration Francisco simply because they were because of the experiences that these camps. Japanese Americans. brave people were experiencing at that Their lands, their homes and their President Truman was so moved by time and exhilarating and deserve so properties were confiscated by the their bravery in the field of battle as much honor and respect on the other military without any due process of well as the sacrifices of our African hand. law. One of our former colleagues and American soldiers during World War II b 1700 former Secretary of Transportation, that he issued an Executive Order to fi- Congressman Norm Mineta, and the nally, finally desegregate all the So I want to again thank my good late Congressman Bob Matsui from branches of the armed services in our friend from California (Mr. SCHIFF) for Sacramento spent the early years of Nation. bringing the bill forward and thank the their lives in these concentration I am proud to say that we must rec- gentleman from American Samoa for camps. ognize Senator DANIEL INOUYE and the his touching personalization of the Secretary Mineta shared one of the late highly respected Senator Spark story so that we can all be more edi- interesting features of these concentra- Matsunaga, both from Hawaii, who dis- fied. tion camps, where there were many tinguished themselves in battle as sol- With that, I urge my colleagues to machine gun nests posted all over the diers of the 100th Battalion and 442nd support this important bill. camps. Everyone in the camp was told Infantry. Ms. HIRONO. Madam Speaker, I rise in that these machine guns were nec- It was while fighting in Europe that support of H.R. 347. essary to protect them against rioters Senator INOUYE lost his arm while en- This legislation appropriately awards a Con- or others who wanted to harm them. gaged in personal combat with two gressional Gold Medal to the 100th Infantry But then Secretary Mineta observed, if German machine gun posts. For his Battalion and the 442nd Regimental Combat these machine guns were to posted to heroism, he was awarded a Distin- Team in honor of their dedicated service dur- guard us and to protect us, why is it guished Service Cross. ing World War II. that they are all directed, aimed inside As a result of a congressional man- Comprised predominantly of Nisei, the the prison camp and not outside? It date that was passed in 1999 to review American-born sons of Japanese immigrants, was a time in our Nation’s history again the military records of these two members of University of Hawaii’s Reserve when there was so much hatred and combat units, President Clinton then Officers’ Training Corps (ROTC) aided the bigotry and racism displayed against presented 19 additional Congressional wounded, buried the fallen, and helped defend our Japanese American community. Medals of Honor to these Japanese vulnerable areas in Hawaii after the attack at Despite all this, the White House at American soldiers who were numbered Pearl Harbor. In spite of these acts of cour- the time reluctantly accepted the re- in those two combat units. Senator age, the U.S. Army discharged all Nisei in the quest of tens of thousands of Japanese INOUYE was also one of those recipients ROTC unit, changed their draft status to ineli- Americans to volunteer to join the of a Medal of Honor, and I was privi- gible, and segregated all Japanese-Americans Army, thus leaving their wives, their leged to witness this historical event in the military on the mainland out of their parents, their brothers and sisters be- at a White House ceremony. units. In the meantime, more than a 100,000 hind barbed fences at these concentra- It is only proper, Madam Speaker, Japanese-Americans were forcibly relocated tion camps. As a result of such vol- that we honor these soldiers and their from their homes to internment camps. unteerism, two combat units were or- families for their patriotism and cour- Undaunted, members of the Hawaii Provi- ganized. The 100th Battalion and the age by awarding them with the Con- sional Infantry Battalion joined the 100th Infan- 442nd Infantry Combat Group were cre- gressional Gold Medal. I find encour- try Battalion in California to train as soldiers. ated and immediately were sent to Eu- aging that even at times when these The sheer determination and pursuit of excel- rope to fight our enemies there. Japanese Americans were segregated lence displayed by this battalion in training Madam Speaker, in my humble opin- and isolated because of their ethnicity contributed to President Roosevelt’s decision ion, history speaks for itself in docu- or racial background they managed to to allow Nisei volunteers to serve in the U.S. menting that none have shed their find the greatest courage to volunteer military again, leading to their incorporation blood more valiantly for our Nation and fight for our country. And for into the 442nd. than these Japanese American soldiers many other volunteers, they gave the Members of the 100th and the 442nd risked who served in these two units while ultimate sacrifice to fight for some- their lives to fight for our country and allies in fighting enemy forces in Europe and thing they strongly and truly believed Europe. The 442nd ‘‘Go for Broke’’ unit be- World War II. The military records of in, and thus truly, the Go For Broke came the most decorated in U.S. military his- the 100th Battalion and 442nd Infantry spirit. tory for its size and length of service, with its are without equal. These Japanese The Go For Broke slogan, Madam component, the 100th Infantry Battalion, earn- American soldiers suffered an unprece- Speaker, was a pidgin English phrase ing the nickname ‘‘The Purple Heart Bat- dented casualty rate of 314 percent and the boys from Hawaii used meaning, talion’’. The 100th and the 442nd received received over 18,000 individual decora- ‘‘give it all you got,’’ ‘‘don’t give up,’’ seven Presidential Unit Citations, 21 Medals of tions, many awarded posthumously for ‘‘give ’em hell,’’ and ‘‘no retreat, no Honor, 29 Distinguished Service Crosses, 560 bravery and courage in the field of bat- matter what.’’ Silver Stars, 4,000 Bronze Stars, 22 Legion of tle. I urge my colleagues to support this Merit Medals, 15 Soldier’s Medals, and more For your information, these units important bill. Again, I thank the gen- than 4,000 Purple Hearts, among numerous collectively received 53 Distinguished tleman from California for sponsoring additional distinctions. Service Crosses, the second highest this important legislation. I urge my colleagues to support this meas- medal given for heroism in combat, 560 Mr. PAULSEN. Madam Speaker, it is ure. Silver Stars, the third highest in com- very fitting as we have heard from the Mr. HONDA. Madam Speaker, I rise today bat, 9,486 Purple Hearts, and 7 Presi- author of the bill and from others on to express my strong support for H.R 347,

VerDate Nov 24 2008 03:43 May 14, 2009 Jkt 079060 PO 00000 Frm 00049 Fmt 7634 Sfmt 9920 E:\CR\FM\K13MY7.117 H13MYPT1 rfrederick on PROD1PC67 with HOUSE H5538 CONGRESSIONAL RECORD — HOUSE May 13, 2009 which grants the Congressional Gold Medal, The yeas and nays were ordered. DeFazio Kennedy Olson DeGette Kildee Olver collectively, to the 100th Infantry Battalion and The SPEAKER pro tempore. Pursu- Delahunt Kilpatrick (MI) Ortiz the 442nd Regimental Combat Team. ant to clause 8 of rule XX and the DeLauro Kilroy Pallone More than 20,000 Nisei soldiers enlisted in Chair’s prior announcement, further Dent Kind Pascrell the U.S. Army during World War II, collectively proceedings on this motion will be Diaz-Balart, L. King (IA) Pastor (AZ) Diaz-Balart, M. King (NY) Paul earning 21 Medals of Honor, 52 Distinguished postponed. Dicks Kingston Paulsen Service Crosses, 559 Silver Stars, 4,000 f Dingell Kirk Payne Bronze Stars, nine Presidential Unit Citations, Doggett Kirkpatrick (AZ) Pence and 9,486 Purple Hearts. ANNOUNCEMENT BY THE SPEAKER Donnelly (IN) Kissell Perlmutter Doyle Klein (FL) Perriello The 100th Battalion played a pivotal role in PRO TEMPORE Dreier Kline (MN) Peters our nation’s military history. The unit was the The SPEAKER pro tempore. Pursu- Driehaus Kosmas Peterson first all-Japanese American Nisei military unit, ant to clause 8 of rule XX, proceedings Duncan Kratovil Petri and was formed from the Japanese—Ameri- Edwards (MD) Kucinich Pingree (ME) will resume on motions to suspend the Edwards (TX) Lamborn Pitts cans who comprised a large part of the Ha- rules previously postponed. Ehlers Lance Platts waiian National Guard. These Nisei were sent Votes will be taken in the following Ellison Langevin Poe (TX) to Camp McCoy, Wisconsin for combat train- order: Ellsworth Larsen (WA) Polis (CO) ing and later were moved to Camp Shelby, Emerson Larson (CT) Pomeroy H. Res. 432, by the yeas and nays; Engel Latham Posey Mississippi for additional training. H. Res. 204, de novo. Eshoo LaTourette Price (GA) Approximately 14,000 individuals served in The votes on H. Res. 377, H.R. 1209, Etheridge Latta Price (NC) Fallin Lee (CA) Putnam the 442nd Regimental Combat Team, includ- and H.R. 347 will be taken tomorrow. ing the 100th Infantry Battalion, which became Farr Lee (NY) Quigley The first electronic vote will be con- Fattah Levin Radanovich the most decorated unit for its size and length ducted as a 15-minute vote. Remaining Filner Lewis (CA) Rahall of service in American military history. The electronic votes will be conducted as 5- Flake Lewis (GA) Rangel 442nd saw the highest percentage of casual- Fleming Linder Rehberg minute votes. Forbes Lipinski Reichert ties of any unit in the Army, earning it the Fortenberry LoBiondo Reyes f nickname ‘‘Purple Heart Battalion.’’ The 442nd Foster Loebsack Richardson is an example which highlights the stellar per- PROVIDING FOR PASSAGE OF H.R. Foxx Lofgren, Zoe Rodriguez formance of these Nisei soldiers. Frank (MA) Lowey Roe (TN) 2101, WEAPONS ACQUISITION SYS- Franks (AZ) Lucas Rogers (AL) These men fought for the U.S. and its allies TEM REFORM THROUGH EN- Frelinghuysen Luetkemeyer Rogers (KY) across Europe in many key battles. The 442nd HANCING TECHNICAL KNOWL- Fudge Luja´ n Rogers (MI) fought eight major campaigns in France, Ger- EDGE AND OVERSIGHT ACT OF Gallegly Lummis Rohrabacher many, and Italy. Most notably, the 442nd suf- Garrett (NJ) Lungren, Daniel Rooney 2009 Gerlach E. Ros-Lehtinen fered more than 800 casualties to free 211 Giffords Lynch Roskam members of a Texas unit who were trapped by The SPEAKER pro tempore. The un- Gingrey (GA) Mack Ross the Germans in the rescue of the Lost Bat- finished business is the vote on the mo- Gohmert Maffei Rothman (NJ) talion. Additionally, the Japanese American tion to suspend the rules and agree to Gonzalez Maloney Roybal-Allard the resolution, H. Res. 432, on which Goodlatte Manzullo Royce soldiers liberated towns such as Brueyeres, Gordon (TN) Marchant Ruppersberger Biffontaine, and Belvedere. They also were the yeas and nays were ordered. Granger Markey (CO) Rush among the first Allied troops to liberate the The Clerk read the title of the resolu- Graves Markey (MA) Ryan (OH) Dachau concentration camp in Germany. tion. Grayson Marshall Ryan (WI) The SPEAKER pro tempore. The Green, Al Massa Salazar Though many of their families were unjustly Green, Gene Matheson Sanchez, Loretta incarcerated in internment camps after the at- question is on the motion offered by Griffith Matsui Sarbanes tack on Pearl Harbor, Japanese Americans the gentleman from Missouri (Mr. Grijalva McCarthy (CA) Scalise SKELTON) that the House suspend the Guthrie McCarthy (NY) Schakowsky still fought to prove their loyalty to the United Gutierrez McCaul Schauer States of America and helped pave the way rules and agree to the resolution, H. Hall (NY) McClintock Schiff for full racial integration of the Armed Forces. Res. 432. Hall (TX) McCollum Schmidt They adopted the phrase ‘‘Remember Pearl The vote was taken by electronic de- Halvorson McCotter Schock vice, and there were—yeas 428, nays 0, Hare McDermott Schrader Harbor’’ as their motto. Harman McGovern Schwartz This bill will bring long overdue recognition not voting 5, as follows: Harper McHenry Scott (GA) to the unique sacrifice these soldiers made [Roll No. 252] Hastings (FL) McHugh Scott (VA) Hastings (WA) McIntyre Sensenbrenner overcoming racial hatred at home, serving YEAS—428 Heinrich McKeon Serrano honorably overseas, and helping change the Abercrombie Bonner Carter Heller McMahon Sessions course of history with their bravery. The 442nd Ackerman Bono Mack Cassidy Hensarling McMorris Sestak Regimental Combat Team and the 100th Bat- Aderholt Boozman Castle Herger Rodgers Shadegg Adler (NJ) Boren Castor (FL) Herseth Sandlin McNerney Shea-Porter talion have earned the Congressional Gold Akin Boswell Chaffetz Higgins Meek (FL) Sherman Medal. Alexander Boucher Chandler Hill Meeks (NY) Shimkus I am a proud original cosponsor of H.R. 347 Altmire Boustany Childers Himes Melancon Shuler Andrews Boyd Clarke Hinchey Mica Shuster and I commend my colleague, Representative Arcuri Brady (PA) Clay Hinojosa Michaud Simpson ADAM SCHIFF, for his work in bringing this leg- Austria Brady (TX) Cleaver Hirono Miller (FL) Sires islation to the floor today. I urge my col- Baca Braley (IA) Clyburn Hodes Miller (MI) Skelton leagues to support the 442nd Regimental Bachus Bright Coble Hoekstra Miller (NC) Slaughter Baird Broun (GA) Coffman (CO) Holden Miller, Gary Smith (NE) Combat Team and the 100th Infantry Bat- Baldwin Brown (SC) Cohen Holt Miller, George Smith (NJ) talion, and honor the service of our nation’s Barrett (SC) Brown, Corrine Cole Honda Minnick Smith (TX) Nisei veterans. Barrow Brown-Waite, Conaway Hoyer Mitchell Smith (WA) Mr. WATT. Madam Speaker, I yield Bartlett Ginny Connolly (VA) Hunter Mollohan Snyder Barton (TX) Buchanan Conyers Inglis Moore (KS) Souder back the balance of my time. Bean Burgess Cooper Inslee Moore (WI) Space The SPEAKER pro tempore. The Becerra Burton (IN) Costa Israel Moran (KS) Speier question is on the motion offered by Berkley Butterfield Costello Issa Moran (VA) Spratt Berman Buyer Courtney Jackson (IL) Murphy (CT) Stearns the gentleman from North Carolina Berry Calvert Crenshaw Jackson-Lee Murphy (NY) Stupak (Mr. WATT) that the House suspend the Biggert Camp Crowley (TX) Murphy, Patrick Sullivan rules and agree to the resolution, H. Bilbray Campbell Cuellar Jenkins Murphy, Tim Sutton Res. 347. Bilirakis Cantor Culberson Johnson (GA) Myrick Tauscher Bishop (GA) Cao Cummings Johnson (IL) Nadler (NY) Taylor The question was taken. Bishop (NY) Capito Dahlkemper Johnson, E. B. Napolitano Teague The SPEAKER pro tempore. In the Bishop (UT) Capps Davis (AL) Johnson, Sam Neal (MA) Terry opinion of the Chair, two-thirds being Blackburn Capuano Davis (CA) Jones Neugebauer Thompson (CA) in the affirmative, the ayes have it. Blumenauer Cardoza Davis (IL) Jordan (OH) Nunes Thompson (MS) Blunt Carnahan Davis (KY) Kagen Nye Thompson (PA) Mr. WATT. Madam Speaker, on that Boccieri Carney Davis (TN) Kanjorski Oberstar Thornberry I demand the yeas and nays. Boehner Carson (IN) Deal (GA) Kaptur Obey Tiahrt

VerDate Nov 24 2008 02:40 May 14, 2009 Jkt 079060 PO 00000 Frm 00050 Fmt 7634 Sfmt 0634 E:\CR\FM\A13MY7.044 H13MYPT1 rfrederick on PROD1PC67 with HOUSE May 13, 2009 CONGRESSIONAL RECORD — HOUSE H5539 Tiberi Walz Whitfield Sec. 203. Ensuring competition throughout House of Representatives a report on the sys- Tierney Wamp Wilson (OH) the life cycle of major defense tem engineering capabilities of the Depart- Titus Wasserman Wilson (SC) acquisition programs. ment of Defense. The report shall include, at Tonko Schultz Wittman Sec. 204. Critical cost growth in major de- Towns Waters a minimum, the following: Wolf fense acquisition programs. (1) An assessment by the Under Secretary Tsongas Watson Woolsey Sec. 205. Organizational conflicts of interest of the reports submitted by the service ac- Turner Watt Wu in the acquisition of major Upton Waxman Yarmuth quisition executives pursuant to subsection Van Hollen Weiner Young (AK) weapon systems. (a) and of the adequacy of the actions that Vela´ zquez Welch Young (FL) Sec. 206. Awards for Department of Defense each military department has taken, or Visclosky Westmoreland personnel for excellence in the plans to take, to meet the systems engineer- Walden Wexler acquisition of products and ing and development planning needs of such NOT VOTING—5 services. military department. Bachmann Sa´ nchez, Linda Stark Sec. 207. Earned Value Management. (2) An assessment of each of the rec- Murtha T. Tanner Sec. 208. Expansion of national security ob- ommendations of the report on Pre-Mile- jectives of the national tech- stone A and Early-Phase Systems Engineer- ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE nology and industrial base. ing of the Air Force Studies Board of the Na- The SPEAKER pro tempore (during Sec. 209. Plan for elimination of weaknesses tional Research Council, including the rec- the vote). Members have 2 minutes re- in operations that hinder ca- ommended checklist of systems engineering maining in this vote. pacity to assemble and assess issues to be addressed prior to Milestones A reliable cost information on ac- b 1729 and B, and the extent to which such rec- quired assets under major de- ommendations should be implemented So (two-thirds being in the affirma- fense acquisition programs. throughout the Department of Defense. tive) the rules were suspended and the SEC. 2. DEFINITIONS. SEC. 102. DIRECTOR OF DEVELOPMENTAL TEST resolution was agreed to. In this Act: AND EVALUATION. The result of the vote was announced (1) The term ‘‘congressional defense com- (a) ESTABLISHMENT OF POSITION.— as above recorded. mittees’’ has the meaning given that term in (1) IN GENERAL.—Chapter 4 of title 10, A motion to reconsider was laid on section 101(a)(16) of title 10, United States United States Code, is amended by inserting Code. after section 139b the following new section: the table. (2) The term ‘‘major defense acquisition The SPEAKER pro tempore. Pursu- ‘‘§ 139c. Director of Developmental Test and program’’ has the meaning given that term Evaluation ant to House Resolution 432, H.R. 2101, in section 2430 of title 10, United States ‘‘(a) There is a Director of Developmental as amended by the amendment in the Code. Test and Evaluation, who shall be appointed nature of a substitute printed in the TITLE I—ACQUISITION ORGANIZATION by the Secretary of Defense from among in- bill, is considered as passed; S. 454, as SEC. 101. REPORTS ON SYSTEMS ENGINEERING dividuals with an expertise in acquisition amended by the text of H.R. 2101 as CAPABILITIES OF THE DEPARTMENT and testing. passed by the House, is considered as OF DEFENSE. ‘‘(b)(1) The Director of Developmental Test passed; and the House is considered to (a) REPORTS BY SERVICE ACQUISITION EX- and Evaluation shall be the principal advisor have insisted on its amendment and re- ECUTIVES.—Not later than 180 days after the to the Secretary of Defense and the Under quested a conference with the Senate date of the enactment of this Act, the serv- Secretary of Defense for Acquisition, Tech- ice acquisition executive of each military de- nology, and Logistics on developmental test thereon. partment shall submit to the Under Sec- The text of the Senate bill, S. 454, is and evaluation in the Department of De- retary of Defense for Acquisition, Tech- fense. as follows: nology, and Logistics a report setting forth ‘‘(2) The individual serving as the Director S. 454 the following: of Developmental Test and Evaluation may Be it enacted by the Senate and House of Rep- (1) A description of the extent to which also serve concurrently as the Director of resentatives of the United States of America in such military department has in place devel- the Department of Defense Test Resource Congress assembled, opment planning organizations and processes Management Center under section 196 of this SECTION 1. SHORT TITLE; TABLE OF CONTENTS. staffed by adequate numbers of personnel title. with appropriate training and expertise to (a) SHORT TITLE.—This Act may be cited as ‘‘(3) The Director shall be subject to the the ‘‘Weapon Systems Acquisition Reform ensure that— supervision of the Under Secretary of De- Act of 2009’’. (A) key requirements, acquisition, and fense for Acquisition, Technology, and Logis- (b) TABLE OF CONTENTS.—The table of con- budget decisions made for each major weap- tics and shall report to the Under Secretary. tents for this Act is as follows: on system prior to Milestones A and B are ‘‘(4)(A) The Under Secretary shall provide supported by a rigorous systems analysis and guidance to the Director to ensure that the Sec. 1. Short title; table of contents. systems engineering process; Sec. 2. Definitions. developmental test and evaluation activities (B) the systems engineering strategy for of the Department of Defense are fully inte- TITLE I—ACQUISITION ORGANIZATION each major weapon system includes a robust grated into and consistent with the systems Sec. 101. Reports on systems engineering ca- program for improving reliability, avail- engineering and development processes of pabilities of the Department of ability, maintainability, and sustainability the Department. Defense. as an integral part of design and develop- ‘‘(B) The guidance under this paragraph Sec. 102. Director of Developmental Test and ment; and shall ensure, at a minimum, that— Evaluation. (C) systems engineering requirements, in- ‘‘(i) developmental test and evaluation re- Sec. 103. Assessment of technological matu- cluding reliability, availability, maintain- quirements are fully integrated into the Sys- rity of critical technologies of ability, and sustainability requirements, are tems Engineering Master Plan for each major defense acquisition pro- identified during the Joint Capabilities Inte- major defense acquisition program; and grams by the Director of De- gration Development System process and in- ‘‘(ii) systems engineering and development fense Research and Engineer- corporated into contract requirements for planning requirements are fully considered ing. each major weapon system. in the Test and Evaluation Master Plan for Sec. 104. Director of Independent Cost As- (2) A description of the actions that such each major defense acquisition program. sessment. military department has taken, or plans to ‘‘(c) The Director of Developmental Test Sec. 105. Role of the commanders of the take, to— and Evaluation shall— combatant commands in identi- (A) establish needed development planning ‘‘(1) develop policies and guidance for the fying joint military require- and systems engineering organizations and developmental test and evaluation activities ments. processes; and of the Department of Defense (including in- Sec. 106. Clarification of submittal of cer- (B) attract, develop, retain, and reward tegration and developmental testing of soft- tification of adequacy of budg- systems engineers with appropriate levels of ware); ets by the Director of the De- hands-on experience and technical expertise ‘‘(2) monitor and review the developmental partment of Defense Test Re- to meet the needs of such military depart- test and evaluation activities of the major source Management Center. ment. defense acquisition programs and major TITLE II—ACQUISITION POLICY (b) REPORT BY UNDER SECRETARY OF DE- automated information systems programs of Sec. 201. Consideration of trade-offs among FENSE FOR ACQUISITION, TECHNOLOGY, AND LO- the Department of Defense; cost, schedule, and performance GISTICS.—Not later than 270 days after the ‘‘(3) review and approve the test and eval- in the acquisition of major date of the enactment of this Act, the Under uation master plan for each major defense weapon systems. Secretary of Defense for Acquisition, Tech- acquisition program of the Department of Sec. 202. Preliminary design review and crit- nology, and Logistics shall submit to the Defense; ical design review for major de- Committee on Armed Services of the Senate ‘‘(4) supervise the activities of the Director fense acquisition programs. and the Committee on Armed Services of the of the Department of Defense Test Resource

VerDate Nov 24 2008 02:40 May 14, 2009 Jkt 079060 PO 00000 Frm 00051 Fmt 7634 Sfmt 0634 E:\CR\FM\A13MY7.045 H13MYPT1 rfrederick on PROD1PC67 with HOUSE H5540 CONGRESSIONAL RECORD — HOUSE May 13, 2009 Management Center under section 196 of this process, and in the preparation of requests (1) in the case of a major defense acquisi- title, or carry out such activities if serving for proposals on all major defense acquisi- tion program that is being considered for concurrently as the Director of Develop- tion programs. Milestone B approval, if the technology has mental Test and Evaluation and the Director (B) To participate in the planning of devel- been demonstrated in a relevant environ- of the Department of Defense Test Resource opmental test and evaluation activities, in- ment; and Management Center under subsection (b)(2); cluding the preparation and approval of a (2) in the case of a major defense acquisi- ‘‘(5) review the organizations and capabili- test and evaluation master plan for each tion program that is being considered for ties of the military departments with respect major defense acquisition program. Milestone C approval, if the technology has to developmental test and evaluation and (C) To participate in and oversee the con- been demonstrated in a realistic environ- identify needed changes or improvements to duct of developmental testing, the analysis ment. such organizations and capabilities; and of data, and the preparation of evaluations SEC. 104. DIRECTOR OF INDEPENDENT COST AS- ‘‘(6) perform such other activities relating and reports based on such testing. SESSMENT. to the developmental test and evaluation ac- (2) FIRST ANNUAL REPORT BY DIRECTOR OF (a) DIRECTOR OF INDEPENDENT COST ASSESS- tivities of the Department of Defense as the DEVELOPMENTAL TEST AND EVALUATION.—The MENT.— Under Secretary of Defense for Acquisition, first annual report submitted to Congress by (1) IN GENERAL.—Chapter 4 of title 10, Technology, and Logistics may prescribe. the Director of Developmental Test and United States Code, as amended by section ‘‘(d) The Director of Developmental Test Evaluation under section 139c(e) of title 10, 102 of this Act, is further amended by insert- and Evaluation shall have access to all United States Code (as added by subsection ing after section 139c the following new sec- records and data of the Department of De- (a)), shall be submitted not later than one tion: fense (including the records and data of each year after the date of the enactment of this ‘‘§ 139d. Director of Independent Cost Assess- military department) that the Director con- Act, and shall include an assessment by the ment siders necessary in order to carry out the Di- Director of the reports submitted by the ‘‘(a) There is a Director of Independent rector’s duties under this section. service acquisition executives to the Direc- Cost Assessment in the Department of De- ‘‘(e)(1) The Director of Developmental Test tor under paragraph (1). fense, appointed by the President, by and and Evaluation shall submit to Congress SEC. 103. ASSESSMENT OF TECHNOLOGICAL MA- with the advice and consent of the Senate. each year a report on the developmental test TURITY OF CRITICAL TECH- The Director shall be appointed without re- NOLOGIES OF MAJOR DEFENSE AC- and evaluation activities of the major de- gard to political affiliation and solely on the fense acquisition programs and major auto- QUISITION PROGRAMS BY THE DI- RECTOR OF DEFENSE RESEARCH basis of fitness to perform the duties of the mated information system programs of the Director. of the Department of Defense. Each report AND ENGINEERING. (a) ASSESSMENT BY DIRECTOR OF DEFENSE ‘‘(b) The Director is the principal advisor shall include, at a minimum, the following: RESEARCH AND ENGINEERING.— to the Secretary of Defense, the Under Sec- ‘‘(A) A discussion of any waivers to testing (1) IN GENERAL.—Section 139a of title 10, retary of Defense for Acquisition, Tech- activities included in the Test and Evalua- United States Code, is amended by adding at nology, and Logistics, and the Under Sec- tion Master Plan for a major defense acquisi- the end the following new subsection: retary of Defense (Comptroller) on cost esti- tion program in the preceding year. ‘‘(c)(1) The Director of Defense Research mation and cost analyses for the acquisition ‘‘(B) An assessment of the organization and and Engineering shall, in consultation with programs of the Department of Defense and capabilities of the Department of Defense for the Director of Developmental Test and the principal cost estimation official within test and evaluation. Evaluation, periodically review and assess the senior management of the Department of ‘‘(2) The Secretary of Defense may include the technological maturity and integration Defense. The Director shall— in any report submitted to Congress under risk of critical technologies of the major de- ‘‘(1) prescribe, by authority of the Sec- this subsection such comments on such re- fense acquisition programs of the Depart- retary of Defense, policies and procedures for port as the Secretary considers appro- ment of Defense and report on the findings of the conduct of cost estimation and cost anal- priate.’’. such reviews and assessments to the Under ysis for the acquisition programs of the De- (2) CLERICAL AMENDMENT.—The table of Secretary of Defense for Acquisition, Tech- partment of Defense; sections at the beginning of chapter 4 of such nology, and Logistics. ‘‘(2) provide guidance to and consult with title is amended by inserting after the item ‘‘(2) The Director shall submit to the Sec- the Secretary of Defense, the Under Sec- relating to section 139b the following new retary of Defense and to Congress each year retary of Defense for Acquisition, Tech- item: a report on the technological maturity and nology, and Logistics, the Under Secretary ‘‘139c. Director of Developmental Test and integration risk of critical technologies of of Defense (Comptroller), and the Secretaries Evaluation.’’. the major defense acquisition programs of of the military departments with respect to the Department of Defense.’’. (3) CONFORMING AMENDMENTS.— cost estimation in the Department of De- (2) FIRST ANNUAL REPORT.—The first annual (A) Section 196(f) of title 10, United States fense in general and with respect to specific report under subsection (c)(2) of section 139a Code, is amended by striking ‘‘the Under cost estimates and cost analyses to be con- of title 10, United States Code (as added by Secretary of Defense for Acquisition, Tech- ducted in connection with a major defense paragraph (1)), shall be submitted to Con- nology, and Logistics’’ and all that follows acquisition program under chapter 144 of this gress not later than March 1, 2011, and shall and inserting ‘‘the Under Secretary of De- title or a major automated information sys- address the results of reviews and assess- fense for Acquisition, Technology, and Logis- tem program under chapter 144A of this title; ments conducted by the Director of Defense tics and the Director of Developmental Test ‘‘(3) establish guidance on confidence levels Research and Engineering pursuant to sub- and Evaluation.’’. for cost estimates on major defense acquisi- section (c)(1) of such section (as so added) (B) Section 139(b) of such title is amend- tion programs, require that all such esti- during the preceding calendar year. ed— mates include confidence levels compliant (b) REPORT ON RESOURCES FOR IMPLEMENTA- (i) by redesignating paragraphs (4) through with such guidance, and require the disclo- TION.—Not later than 120 days after the date (6) as paragraphs (5) through (7), respec- of the enactment of this Act, the Director of sure of all such confidence levels (including tively; and Defense Research and Engineering shall sub- through Selected Acquisition Reports sub- (ii) by inserting after paragraph (3) the fol- mit to the congressional defense committees mitted pursuant to section 2432 of this title); lowing new paragraph (4): a report describing any additional resources, ‘‘(4) monitor and review all cost estimates ‘‘(4) review and approve the test and eval- including specialized workforce, that may be and cost analyses conducted in connection uation master plan for each major defense required by the Director, and by other with major defense acquisition programs and acquisition program of the Department of science and technology elements of the De- major automated information system pro- Defense;’’. partment of Defense, to carry out the fol- grams; and (b) REPORTS ON DEVELOPMENTAL TESTING lowing: ‘‘(5) conduct independent cost estimates ORGANIZATIONS AND PERSONNEL.— (1) The requirements under the amendment and cost analyses for major defense acquisi- (1) REPORTS BY SERVICE ACQUISITION EXECU- made by subsection (a). tion programs and major automated infor- TIVES.—Not later than 180 days after the date (2) The technological maturity assess- mation system programs for which the of the enactment of this Act, the service ac- ments required by section 2366b(a) of title 10, Under Secretary of Defense for Acquisition, quisition executive of each military depart- United States Code, as amended by section Technology, and Logistics is the Milestone ment shall submit to the Director of Devel- 202 of this Act. Decision Authority— opmental Test and Evaluation a report on (3) The requirements of Department of De- ‘‘(A) in advance of— the extent to which the test organizations of fense Instruction 5000, as revised. ‘‘(i) any certification under section 2366a or such military department have in place, or (c) TECHNOLOGICAL MATURITY STANDARDS.— 2366b of this title; have effective plans to develop, adequate For purposes of the review and assessment ‘‘(ii) any certification under section numbers of personnel with appropriate ex- conducted by the Director of Defense Re- 2433(e)(2) of this title; and pertise for each purpose as follows: search and Engineering in accordance with ‘‘(iii) any report under section 2445c(f) of (A) To ensure that testing requirements subsection (c) of section 139a of title 10, this title; and are appropriately addressed in the trans- United States Code (as added by subsection ‘‘(B) whenever necessary to ensure that an lation of operational requirements into con- (a)), a critical technology is considered to be estimate or analysis under paragraph (4) is tract specifications, in the source selection mature— unbiased, fair, and reliable.

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‘‘(c)(1) The Director may communicate staff of military and civilian personnel to en- (e) COMPTROLLER GENERAL OF THE UNITED views on matters within the responsibility of able the Director to carry out the duties and STATES REVIEW OF OPERATING AND SUPPORT the Director directly to the Secretary of De- responsibilities of the Director under this COSTS OF MAJOR WEAPON SYSTEMS.— fense and the Deputy Secretary of Defense section.’’. (1) IN GENERAL.—Not later than one year without obtaining the approval or concur- (2) CLERICAL AMENDMENT.—The table of after the date of the enactment of this Act, rence of any other official within the Depart- sections at the beginning of chapter 4 of such the Comptroller General of the United States ment of Defense. title, as so amended, is further amended by shall submit to the congressional defense ‘‘(2) The Director shall consult closely inserting after the item relating to section committees a report on growth in operating with, but the Director and the Director’s 139c the following new item: and support costs for major weapon systems. staff shall be independent of, the Under Sec- ‘‘139d. Director of Independent Cost Assess- (2) ELEMENTS.—In preparing the report re- retary of Defense for Acquisition, Tech- ment.’’. quired by paragraph (1), the Comptroller nology, and Logistics, the Under Secretary General shall, at a minimum— (3) EXECUTIVE SCHEDULE LEVEL IV.—Section of Defense (Comptroller), and all other offi- (A) identify the original estimates for op- 5315 of title 5, United States Code, is amend- cers and entities of the Department of De- erating and support costs for major weapon ed by inserting after the item relating to the fense responsible for acquisition and budg- systems selected by the Comptroller General Director of Operational Test and Evaluation, eting. for purposes of the report; Department of Defense the following new ‘‘(d)(1) The Secretary of a military depart- (B) assess the actual operating and support item: ment shall report promptly to the Director costs for such major weapon systems; ‘‘Director of Independent Cost Assessment, the results of all cost estimates and cost (C) analyze the rate of growth for oper- Defense of Defense.’’. analyses conducted by the military depart- ating and support costs for such major weap- (b) REPORT ON MONITORING OF OPERATING ment and all studies conducted by the mili- on systems; AND SUPPORT COSTS FOR MDAPS.— tary department in connection with cost es- (D) for such major weapon systems that (1) REPORT TO SECRETARY OF DEFENSE.—Not timates and cost analyses for major defense later than one year after the date of the en- have experienced the highest rate of growth acquisition programs of the military depart- actment of this Act, the Director of Inde- in operating and support costs, assess the ment. factors contributing to such growth; ‘‘(2) The Director may make comments on pendent Cost Assessment under section 139d of title 10 United States Code (as added by (E) assess measures taken by the Depart- cost estimates and cost analyses conducted ment of Defense to reduce operating and sup- by a military department for a major defense subsection (a)), shall review existing systems and methods of the Department of Defense port costs for major weapon systems; and acquisition program, request changes in such (F) make such recommendations as the cost estimates and cost analyses to ensure for tracking and assessing operating and sup- port costs on major defense acquisition pro- Comptroller General considers appropriate. that they are fair and reliable, and develop (3) MAJOR WEAPON SYSTEM DEFINED.—In or require the development of independent grams and submit to the Secretary of De- fense a report on the finding and rec- this subsection, the term ‘‘major weapon cost estimates or cost analyses for such pro- system’’ has the meaning given that term in gram, as the Director determines to be ap- ommendations of the Director as a result of the review, including an assessment by the 2379(d) of title 10, United States Code. propriate. SEC. 105. ROLE OF THE COMMANDERS OF THE ‘‘(3) The Director shall have access to any Director of the feasibility and advisability of establishing baselines for operating and sup- COMBATANT COMMANDS IN IDENTI- records and data in the Department of De- FYING JOINT MILITARY REQUIRE- fense (including the records and data of each port costs under section 2435 of title 10, MENTS. military department) that the Director con- United States Code. (a) IN GENERAL.—Section 181 of title 10, siders necessary to review in order to carry (2) TRANSMITTAL TO CONGRESS.—Not later United States Code, as amended by section out the Director’s duties under this section. than 30 days after receiving the report re- 104(d)(1) of this Act, is further amended— ‘‘(e)(1) The Director shall prepare an an- quired by paragraph (1), the Secretary shall (1) by redesignating subsections (e), (f), and nual report summarizing the cost estimation transmit the report to the congressional de- (g) as subsections (f), (g), and (h), respec- and cost analysis activities of the Depart- fense committees, together with any com- tively; and ment of Defense during the previous year ments on the report the Secretary considers (2) by adding after subsection (d) the fol- and assessing the progress of the Department appropriate. lowing new subsection (e): in improving the accuracy of its costs esti- (c) TRANSFER OF PERSONNEL AND FUNCTIONS ‘‘(e) INPUT FROM COMBATANT COMMANDERS mates and analyses. The report shall include OF COST ANALYSIS IMPROVEMENT GROUP.— ON JOINT MILITARY REQUIREMENTS.—The an assessment of— The personnel and functions of the Cost Council shall seek and consider input from ‘‘(A) the extent to which each of the mili- Analysis Improvement Group of the Depart- the commanders of the combatant com- tary departments have complied with poli- ment of Defense are hereby transferred to mands in carrying out its mission under cies, procedures, and guidance issued by the the Director of Independent Cost Assessment paragraphs (1) and (2) of subsection (b) and in Director with regard to the preparation of under section 139d of title 10, United States conducting periodic reviews in accordance cost estimates; and Code (as so added), and shall report directly with the requirements of subsection (f). Such ‘‘(B) the overall quality of cost estimates to the Director. input may include, but is not limited to, an prepared by each of the military depart- (d) CONFORMING AMENDMENTS.— assessment of the following: ments. (1) Section 181(d) of title 10, United States ‘‘(1) Any current or projected missions or ‘‘(2) Each report under this subsection Code, is amended by inserting ‘‘the Director threats in the theater of operations of the shall be submitted concurrently to the Sec- of Independent Cost Assessment,’’ before commander of a combatant command that retary of Defense, the Under Secretary of De- ‘‘and the Director’’. would justify a new joint military require- fense for Acquisition, Technology, and Logis- (2) Section 2306b(i)(1)(B) of such title is ment. tics, the Under Secretary of Defense (Comp- amended by striking ‘‘Cost Analysis Im- ‘‘(2) The necessity and sufficiency of a pro- troller), and Congress not later than 10 days provement Group of the Department of De- posed joint military requirement in terms of after the transmission of the budget for the fense’’ and inserting ‘‘Director of Inde- current and projected missions or threats. next fiscal year under section 1105 of title 31. pendent Cost Assessment’’. ‘‘(3) The relative priority of a proposed The Director shall ensure that a report sub- (3) Section 2366a(a)(4) of such title is joint military requirement in comparison mitted under this subsection does not in- amended by striking ‘‘has been submitted’’ with other joint military requirements. clude any information, such as proprietary and inserting ‘‘has been approved by the Di- ‘‘(4) The ability of partner nations in the or source selection sensitive information, rector of Independent Cost Assessment’’. theater of operations of the commander of a that could undermine the integrity of the ac- (4) Section 2366b(a)(1)(C) of such title is combatant command to assist in meeting the quisition process. Each report submitted to amended by striking ‘‘have been developed joint military requirement or to partner in Congress under this subsection shall be post- to execute’’ and inserting ‘‘have been ap- using technologies developed to meet the ed on an Internet website of the Department proved by the Director of Independent Cost joint military requirement.’’. of Defense that is available to the public. Assessment to provide for the execution of’’. (b) COMPTROLLER GENERAL OF THE UNITED ‘‘(3) The Secretary may comment on any (5) Section 2433(e)(2)(B)(iii) of such title is STATES REVIEW OF IMPLEMENTATION.—Not report of the Director to Congress under this amended by striking ‘‘are reasonable’’ and later than two years after the date of the en- subsection. inserting ‘‘have been determined by the Di- actment of this Act, the Comptroller General ‘‘(f) The President shall include in the rector of Independent Cost Assessment to be of the United States shall submit to the budget transmitted to Congress pursuant to reasonable’’. Committees on Armed Services of the Senate section 1105 of title 31 for each fiscal year a (6) Subparagraph (A) of section 2434(b)(1) of and the House of Representatives a report on separate statement of estimated expendi- such title is amended to read as follows: the implementation of the requirements of tures and proposed appropriations for that ‘‘(A) be prepared or approved by the Direc- subsection (e) of section 181 of title 10, fiscal year for the Director of Independent tor of Independent Cost Assessment; and’’. United States Code (as amended by sub- Cost Assessment in carrying out the duties (7) Section 2445c(f)(3) of such title is section (a)), for the Joint Requirements and responsibilities of the Director under amended by striking ‘‘are reasonable’’ and Oversight Council to solicit and consider this section. inserting ‘‘have been determined by the Di- input from the commanders of the combat- ‘‘(g) The Secretary of Defense shall ensure rector of Independent Cost Assessment to be ant commands. The report shall include, at a that the Director has sufficient professional reasonable’’. minimum, an assessment of the extent to

VerDate Nov 24 2008 03:43 May 14, 2009 Jkt 079060 PO 00000 Frm 00053 Fmt 7634 Sfmt 0634 E:\CR\FM\A13MY7.050 H13MYPT1 rfrederick on PROD1PC67 with HOUSE H5542 CONGRESSIONAL RECORD — HOUSE May 13, 2009 which the Council has effectively sought, the Joint Requirements Oversight Council (2) by redesignating paragraph (2) as para- and the commanders of the combatant com- has, in making such recommendation— graph (3); mands have provided, meaningful input on (A) taken appropriate action to solicit and (3) by inserting after paragraph (1) the fol- proposed joint military requirements. consider input from the commanders of the lowing new paragraph (2): SEC. 106. CLARIFICATION OF SUBMITTAL OF CER- combatant commands in accordance with the ‘‘(2) has received a preliminary design re- TIFICATION OF ADEQUACY OF requirements of section 181(e) of title 10, view (PDR) and conducted a formal post-pre- BUDGETS BY THE DIRECTOR OF THE United States Code (as amended by section liminary design review assessment, and cer- DEPARTMENT OF DEFENSE TEST RE- 105); tifies on the basis of such assessment that SOURCE MANAGEMENT CENTER. (B) given appropriate consideration to the program demonstrates a high likelihood Section 196(e)(2) of title 10, United States trade-offs among cost, schedule, and per- of accomplishing its intended mission; and’’; Code, is amended— formance in accordance with the require- and (1) by redesignating subparagraph (B) as ments of section 181(b)(1)(C) of title 10, (4) in paragraph (3), as redesignated by subparagraph (C); and United States Code (as amended by sub- paragraph (2) of this section— (2) by inserting after subparagraph (A) the section (b)); and (A) in subparagraph (D), by striking the following new subparagraph (B): (C) given appropriate consideration to semicolon and inserting ‘‘, as determined by ‘‘(B) If the Director of the Center is not issues of joint portfolio management, includ- the Milestone Decision Authority on the serving concurrently as the Director of De- ing alternative material and non-material basis of an independent review and assess- velopmental Test and Evaluation under sub- solutions, as provided in Chairman of the ment by the Director of Defense Research section (b)(2) of section 139c of this title, the Joint Chiefs of Staff Instruction 3170.01G. and Engineering; and’’; certification of the Director of the Center (3) NON-CONCURRENCE OF UNDER SECRETARY (B) by striking subparagraph (E); and under subparagraph (A) shall, notwith- FOR ATL.—If the Under Secretary for Acquisi- (C) by redesignating subparagraph (F) as standing subsection (c)(4) of such section, be tion, Technology, and Logistics determines subparagraph (E). submitted directly and independently to the that the Joint Requirements Oversight Secretary of Defense.’’. (b) CRITICAL DESIGN REVIEW.—The Under Council has failed to take appropriate action Secretary of Defense for Acquisition, Tech- TITLE II—ACQUISITION POLICY in accordance with subparagraphs (A), (B), nology, and Logistics shall ensure that De- SEC. 201. CONSIDERATION OF TRADE-OFFS and (C) of paragraph (2) regarding a joint partment of Defense guidance on major de- AMONG COST, SCHEDULE, AND PER- military requirement, the Under Secretary fense acquisition programs requires a crit- FORMANCE IN THE ACQUISITION OF shall return the recommendation to the MAJOR WEAPON SYSTEMS. ical design review and a formal post-critical Council with specific recommendations as to design review assessment for each major de- (a) CONSIDERATION OF TRADE-OFFS.— matters to be considered by the Council to fense acquisition program to ensure that (1) IN GENERAL.—The Secretary of Defense shall develop and implement mechanisms to address any shortcoming identified by the such program has attained an appropriate ensure that trade-offs between cost, sched- Under Secretary in the course of the review level of design maturity before such program ule, and performance are considered as part under paragraph (2). is approved for System Capability and Manu- of the process for developing requirements (4) NOTICE ON CONTINUING DISAGREEMENT ON facturing Process Development. for major weapon systems. REQUIREMENT.—If the Under Secretary for SEC. 203. ENSURING COMPETITION THROUGH- Acquisition, Technology, and Logistics and (2) ELEMENTS.—The mechanisms required OUT THE LIFE CYCLE OF MAJOR DE- under this subsection shall ensure, at a min- the Joint Requirements Oversight Council FENSE ACQUISITION PROGRAMS. imum, that— are unable to reach agreement on a joint (a) ENSURING COMPETITION.—The Secretary (A) Department of Defense officials respon- military requirement that has been returned of Defense shall ensure that the acquisition sible for acquisition, budget, and cost esti- to the Council by the Under Secretary under plan for each major defense acquisition pro- mating functions are provided an appro- paragraph (4), the Under Secretary shall gram includes measures to ensure competi- priate opportunity to develop estimates and transmit notice of lack of agreement on the tion, or the option of competition, at both raise cost and schedule matters before per- requirement to the Secretary of Defense. the prime contract level and the subcontract formance requirements are established for (5) RESOLUTION OF CONTINUING DISAGREE- level of such program throughout the life major weapon systems; and MENT.—Upon receiving notice under para- cycle of such program as a means to (B) consideration is given to fielding major graph (4) of a lack of agreement on a joint incentivize contractor performance. weapon systems through incremental or spi- military requirement, the Secretary of De- (b) MEASURES TO ENSURE COMPETITION.— ral acquisition, while deferring technologies fense shall make a final determination on The measures to ensure competition, or the that are not yet mature, and capabilities whether or not to validate the requirement. option of competition, utilized for purposes that are likely to significantly increase (d) ANALYSIS OF ALTERNATIVES.— of subsection (a) may include, but are not costs or delay production, until later incre- (1) REQUIREMENT AT MATERIAL SOLUTION limited to, measures to achieve the fol- ments or spirals. ANALYSIS PHASE.—The Under Secretary of lowing, in appropriate cases where such (3) MAJOR WEAPONS SYSTEM DEFINED.—In Defense for Acquisition, Technology, and Lo- measures are cost-effective: this subsection, the term ‘‘major weapon gistics shall ensure that Department of De- (1) Competitive prototyping. system’’ has the meaning given that term in fense guidance on major defense acquisition (2) Dual-sourcing. section 2379(d) of title 10, United States programs requires the Milestone Decision (3) Funding of a second source for inter- Code. Authority to conduct an analysis of alter- changeable, next-generation prototype sys- (b) DUTIES OF JOINT REQUIREMENTS OVER- natives (AOA) during the Material Solution tems or subsystems. SIGHT COUNCIL.—Section 181(b)(1) of title 10, Analysis Phase of each major defense acqui- (4) Utilization of modular, open architec- United States Code, is amended— sition program. tures to enable competition for upgrades. (1) in subparagraph (A), by striking ‘‘and’’ (2) ELEMENTS.—Each analysis of alter- (5) Periodic competitions for subsystem at the end; natives under paragraph (1) shall, at a min- upgrades. (2) in subparagraph (B), by striking the pe- imum— (6) Licensing of additional suppliers. riod at the end and inserting ‘‘; and’’; and (A) solicit and consider alternative ap- (7) Requirements for Government oversight (3) by adding at the end the following new proaches proposed by the military depart- or approval of make or buy decisions to en- subparagraph: ments and Defense Agencies to meet joint sure competition at the subsystem level. ‘‘(C) in ensuring the consideration of trade- military requirements; and (8) Periodic system or program reviews to offs among cost, schedule and performance (B) give full consideration to possible address long-term competitive effects of pro- for joint military requirements in consulta- trade-offs between cost, schedule, and per- gram decisions. tion with the advisors specified in subsection formance for each of the alternatives so con- (9) Consideration of competition at the (d);’’. sidered. subcontract level and in make or buy deci- (c) REVIEW OF JOINT MILITARY REQUIRE- (e) DUTIES OF MILESTONE DECISION AUTHOR- sions as a factor in proposal evaluations. MENTS.— ITY.—Section 2366b(a)(1)(B) of title 10, United (c) COMPETITIVE PROTOTYPING.—The Sec- (1) JROC SUBMITTAL OF RECOMMENDED RE- States Code, is amended by inserting ‘‘appro- retary of Defense shall modify the acquisi- QUIREMENTS TO UNDER SECRETARY FOR ATL.— priate trade-offs between cost, schedule, and tion regulations of the Department of De- Upon recommending a new joint military re- performance have been made to ensure that’’ fense to ensure with respect to competitive quirement, the Joint Requirements Over- before ‘‘the program is affordable’’. prototyping for major defense acquisition sight Council shall transmit the rec- SEC. 202. PRELIMINARY DESIGN REVIEW AND programs the following: ommendation to the Under Secretary of De- CRITICAL DESIGN REVIEW FOR (1) That the acquisition strategy for each fense for Acquisition, Technology, and Logis- MAJOR DEFENSE ACQUISITION PRO- major defense acquisition program provides tics for review and concurrence or non-con- GRAMS. for two or more competing teams to produce currence in the recommendation. (a) PRELIMINARY DESIGN REVIEW.—Section prototypes before Milestone B approval (or (2) REVIEW OF RECOMMENDED REQUIRE- 2366b(a) of title 10, United States Code, as Key Decision Point B approval in the case of MENTS.—The Under Secretary for Acquisi- amended by section 201(d) of this Act, is fur- a space program) unless the milestone deci- tion, Technology, and Logistics shall review ther amended— sion authority for such program waives the each recommendation transmitted under (1) in paragraph (1), by striking ‘‘and’’ at requirement on the basis of a determination paragraph (1) to determine whether or not the end; that—

VerDate Nov 24 2008 02:40 May 14, 2009 Jkt 079060 PO 00000 Frm 00054 Fmt 7634 Sfmt 0634 E:\CR\FM\A13MY7.050 H13MYPT1 rfrederick on PROD1PC67 with HOUSE May 13, 2009 CONGRESSIONAL RECORD — HOUSE H5543 (A) but for such waiver, the Department ment carried out pursuant to subparagraph (3) provide for an exception to the require- would be unable to meet critical national se- (A) and the basis for each determination ment in paragraph (2) for an affiliate that is curity objectives; or made in accordance with clauses (I) through separated from the contractor by structural (B) the cost of producing competitive pro- (IV) of subparagraph (C)(i), together with mechanisms, approved by the Secretary of totypes exceeds the potential life-cycle bene- supporting documentation; Defense, that are similar to those required fits of such competition, including the bene- ‘‘(C) if the program is not terminated— for special security agreements under rules fits of improved performance and increased ‘‘(i) submit to Congress, before the end of governing foreign ownership, control, or in- technological and design maturity that may the 60-day period beginning on the day the fluence over United States companies that be achieved through prototyping. Selected Acquisition Report containing the have access to classified information, includ- (2) That if the milestone decision authority information described in subsection (g) is re- ing, at a minimum— waives the requirement for prototypes pro- quired to be submitted under section 2432(f) (A) establishment of the affiliate as a sepa- duced by two or more teams for a major de- of this title, a written certification stating rate business entity, geographically sepa- fense acquisition program under paragraph that— rated from related entities, with its own em- (1), the acquisition strategy for the program ‘‘(I) such acquisition program is essential ployees and management and restrictions on provides for the production of at least one to national security; transfers for personnel; prototype before Milestone B approval (or ‘‘(II) there are no alternatives to such ac- (B) a governing board for the affiliate that Key Decision Point B approval in the case of quisition program which will provide equal has organizational separation from related a space program) unless the milestone deci- or greater capability to meet a joint mili- entities and governance procedures that re- sion authority waives such requirement on tary requirement (as that term is defined in quire the board to act solely in the interest the basis of a determination that— section 181(h)(1) of this title) at less cost; of the affiliate, without regard to the inter- (A) but for such waiver, the Department ‘‘(III) the new estimates of the program ac- ests of related entities, except in specified would be unable to meet critical national se- quisition unit cost or procurement unit cost circumstances; curity objectives; or were arrived at in accordance with the re- (C) complete informational separation, in- (B) the cost of producing a prototype ex- quirements of section 139d of this title and cluding the execution of non-disclosure ceeds the potential life-cycle benefits of such are reasonable; and agreements; prototyping, including the benefits of im- ‘‘(IV) the management structure for the (D) initial and recurring training on orga- proved performance and increased techno- acquisition program is adequate to manage nizational conflicts of interest and protec- logical and design maturity that may be and control program acquisition unit cost or tions against organizational conflicts of in- achieved through prototyping. procurement unit cost; terest; and (3) That whenever a milestone decision au- ‘‘(ii) rescind the most recent Milestone ap- (E) annual compliance audits in which De- thority authorizes a waiver under paragraph proval (or Key Decision Point approval in partment of Defense personnel are author- (1) or (2), the waiver, the determination upon the case of a space program) for such pro- ized to participate; which the waiver is based, and the reasons gram and withdraw any associated certifi- (4) prohibit the use of the exception in for the determination are submitted in writ- cation under section 2366a or 2366b of this paragraph (3) for any category of systems en- ing to the congressional defense committees title; and gineering and technical assistance functions (including, but not limited to, advice on not later than 30 days after the waiver is au- ‘‘(iii) require a new Milestone approval (or source selection matters) for which the po- thorized. Key Decision Point approval in the case of a tential for an organizational conflict of in- (4) That prototypes may be required under space program) for such program before en- terest or the appearance of an organizational paragraph (1) or (2) for the system to be ac- tering into a new contract, exercising an op- conflict of interest makes mitigation in ac- quired or, if prototyping of the system is not tion under an existing contract, or otherwise cordance with that paragraph an inappro- feasible, for critical subsystems of the sys- extending the scope of an existing contract priate approach; tem. under such program; (5) authorize waiver of the requirement in (d) COMPTROLLER GENERAL OF THE UNITED ‘‘(D) if the program is terminated, submit paragraph (2) in cases in which the agency STATES REVIEW OF CERTAIN WAIVERS.— to Congress a written report setting forth— head determines in writing that— (1) NOTICE TO COMPTROLLER GENERAL.— ‘‘(i) an explanation of the reasons for ter- Whenever a milestone decision authority au- (A) the financial interest of the contractor minating the program; or its affiliate in the development or con- thorizes a waiver of the requirement for pro- ‘‘(ii) the alternatives considered to address totypes under paragraph (1) or (2) of sub- struction of the weapon system is not sub- any problems in the program; and stantial and does not include a prime con- section (c) on the basis of excessive cost, the ‘‘(iii) the course the Department plans to milestone decision authority shall submit a tract, a first-tier subcontract, or a joint ven- pursue to meet any continuing joint military ture or similar relationship with a prime notice on the waiver, together with the ra- requirements otherwise intended to be met tional for the waiver, to the Comptroller contractor or first-tier subcontractor; or by the program; and’’. (B) the contractor— General of the United States at the same OTAL EXPENDITURE FOR PROCUREMENT (b) T (i) has unique systems engineering capa- time a report on the waiver is submitted to RESULTING IN TREATMENT AS MDAP.—Sec- bilities that are not available from other the congressional defense committees under tion 2430(a)(2) of such title is amended by in- sources; paragraph (3) of that subsection. serting ‘‘, including all planned increments (ii) has taken appropriate actions to miti- (2) COMPTROLLER GENERAL REVIEW.—Not or spirals,’’ after ‘‘an eventual total expendi- gate any organizational conflict of interest; later than 60 days after receipt of a notice on ture for procurement’’. a waiver under paragraph (1), the Comp- and SEC. 205. ORGANIZATIONAL CONFLICTS OF IN- (iii) has made a binding commitment to troller General shall— TEREST IN THE ACQUISITION OF (A) review the rationale for the waiver; and MAJOR WEAPON SYSTEMS. comply with the requirement in paragraph (B) submit to the congressional defense (a) REVISED REGULATIONS REQUIRED.—Not (2) by not later than January 1, 2011; and committees a written assessment of the ra- later than 180 days after the date of the en- (6) provide for fair and objective ‘‘make- tionale for the waiver. actment of this Act, the Under Secretary of buy’’ decisions by the prime contractor on a (e) APPLICABILITY.—This section shall Defense for Acquisition, Technology, and Lo- major weapon system by— apply to any acquisition plan for a major de- gistics shall revise the Defense Supplement (A) requiring prime contractors to give full fense acquisition program that is developed to the Federal Acquisition Regulation to ad- and fair consideration to qualified sources or revised on or after the date that is 60 days dress organizational conflicts of interest by other than the prime contractor for the de- after the date of the enactment of this Act. contractors in the acquisition of major weap- velopment or construction of major sub- SEC. 204. CRITICAL COST GROWTH IN MAJOR DE- on systems. systems and components of the weapon sys- FENSE ACQUISITION PROGRAMS. (b) ELEMENTS.—The revised regulations re- tem; (a) AUTHORIZED ACTIONS IN EVENT OF CRIT- quired by subsection (a) shall, at a min- (B) providing for government oversight of ICAL COST GROWTH.—Section 2433(e)(2) of imum— the process by which prime contractors con- title 10, United States Code, is amended— (1) ensure that the Department of Defense sider such sources and determine whether to (1) by redesignating subparagraph (C) as receives advice on systems architecture and conduct such development or construction subparagraph (E); systems engineering matters with respect to in-house or through a subcontract; (2) by striking subparagraph (B); and major weapon systems from federally funded (C) authorizing program managers to dis- (3) by inserting after subparagraph (A) the research and development centers or other approve the determination by a prime con- following new subparagraphs (B), (C), and sources independent of the prime contractor; tractor to conduct development or construc- (D): (2) require that a contract for the perform- tion in-house rather than through a sub- ‘‘(B) terminate such acquisition program ance of systems engineering and technical contract in cases in which— and submit the report required by subpara- assistance (SETA) functions with regard to a (i) the prime contractor fails to give full graph (D), unless the Secretary determines major weapon system contains a provision and fair consideration to qualified sources that the continuation of such program is es- prohibiting the contractor or any affiliate of other than the prime contractor; or sential to the national security of the United the contractor from having a direct financial (ii) implementation of the determination States and submits a written certification in interest in the development or construction by the prime contractor is likely to under- accordance with subparagraph (C)(i) accom- of the weapon system or any component mine future competition or the defense in- panied by a report setting forth the assess- thereof; dustrial base; and

VerDate Nov 24 2008 02:40 May 14, 2009 Jkt 079060 PO 00000 Frm 00055 Fmt 7634 Sfmt 0634 E:\CR\FM\A13MY7.050 H13MYPT1 rfrederick on PROD1PC67 with HOUSE H5544 CONGRESSIONAL RECORD — HOUSE May 13, 2009 (D) providing for the consideration of tract or commencement of a program, which- nesses described in that paragraph, includ- prime contractors ‘‘make-buy’’ decisions in ever is earlier; ing— past performance evaluations. (3) ensures that personnel responsible for (A) the actions to be taken to implement (c) ORGANIZATIONAL CONFLICT OF INTEREST administering and overseeing EVM systems such mechanisms; REVIEW BOARD.— have the training and qualifications needed (B) a schedule for carrying out such mech- (1) ESTABLISHMENT REQUIRED.—Not later to perform this function; and anisms; and than 90 days after the date of the enactment (4) has appropriate mechanisms in place to (C) metrics for assessing the progress made of this Act, the Secretary of Defense shall es- ensure that contractors establish and use ap- in carrying out such mechanisms. tablish within the Department of Defense a proved EVM systems. (4) A description of the organization and board to be known as the ‘‘Organizational (b) ENFORCEMENT MECHANISMS.—For the resources required to carry out mechanisms Conflict of Interest Review Board’’. purposes of subsection (a)(4), mechanisms to set forth pursuant to paragraphs (1) and (2). (2) DUTIES.—The Board shall have the fol- ensure that contractors establish and use ap- (5) In the case of the financial management lowing duties: proved EVM systems shall include— practices of each military department appli- (A) To advise the Under Secretary of De- (1) consideration of the quality of the con- cable to major defense acquisition pro- fense for Acquisition, Technology, and Logis- tractors’ EVM systems and the timeliness of grams— tics on policies relating to organizational the contractors’ EVM reporting in any past (A) a description of any weaknesses in such conflicts of interest in the acquisition of performance evaluation for a contract that practices; and major weapon systems. includes an EVM requirement; and (B) a description of the actions to be taken (B) To advise program managers on steps (2) increased government oversight of the to remedy such weaknesses. to comply with the requirements of the re- cost, schedule, scope, and performance of (c) CONSULTATION.— vised regulations required by this section contractors that do not have approved EVM (1) IN GENERAL.—In preparing the report re- and to address organizational conflicts of in- systems in place. quired by subsection (a), the Chief Manage- terest in the acquisition of major weapon SEC. 208. EXPANSION OF NATIONAL SECURITY ment Officer of the Department of Defense systems. OBJECTIVES OF THE NATIONAL shall seek and consider input from each of (C) To advise appropriate officials of the TECHNOLOGY AND INDUSTRIAL the following: Department on organizational conflicts of BASE. (A) The Chief Management Officer of the interest arising in proposed mergers of de- (a) IN GENERAL.—Subsection (a) of section Department of the Army. fense contractors. 2501 of title 10, United States Code, is amend- (B) The Chief Management Officer of the (d) MAJOR WEAPON SYSTEM DEFINED.—In ed by adding at the end the following new Department of the Navy. this section, the term ‘‘major weapon sys- paragraph: (C) The Chief Management Officer of the tem’’ has the meaning given that term in ‘‘(6) Maintaining critical design skills to Department of the Air Force. section 2379(d) of title 10, United States ensure that the armed forces are provided (2) FINANCIAL MANAGEMENT PRACTICES.—In Code. with systems capable of ensuring techno- preparing for the report required by sub- SEC. 206. AWARDS FOR DEPARTMENT OF DE- logical superiority over potential adver- section (a) the matters covered by subsection FENSE PERSONNEL FOR EXCEL- saries.’’. (b)(5) with respect to a particular military LENCE IN THE ACQUISITION OF (b) NOTIFICATION OF CONGRESS UPON TERMI- department, the Chief Management Officer PRODUCTS AND SERVICES. NATION OF MDAPS OF EFFECTS ON NATIONAL of the Department of Defense shall consult (a) IN GENERAL.—Not later than 180 days SECURITY OBJECTIVES.—Such section is fur- specifically with the Chief Management Offi- after the date of the enactment of this Act, ther amended by adding at the end the fol- cer of the military department concerned. the Secretary of Defense shall commence lowing new subsection: carrying out a program to recognize excel- The text of S. 454, as amended by the ‘‘(c) NOTIFICATION OF CONGRESS UPON TER- lent performance by individuals and teams of text of H.R. 2101 as passed by the MINATION OF MAJOR DEFENSE ACQUISITION members of the Armed Forces and civilian House, is as follows: PROGRAM OF EFFECTS ON OBJECTIVES.—(1) personnel of the Department of Defense in Upon the termination of a major defense ac- H.R. 2101 the acquisition of products and services for quisition program, the Secretary of Defense SECTION 1. SHORT TITLE; TABLE OF CONTENTS. the Department of Defense. shall notify Congress of the effects of such (a) SHORT TITLE.—This Act may be cited as (b) ELEMENTS.—The program required by termination on the national security objec- the ‘‘Weapons Acquisition System Reform subsection (a) shall include the following: tives for the national technology and indus- Through Enhancing Technical Knowledge and (1) Procedures for the nomination by the trial base set forth in subsection (a), and the Oversight Act of 2009’’. personnel of the military departments and measures, if any, that have been taken or (b) TABLE OF CONTENTS.—The table of con- the Defense Agencies of individuals and should be taken to mitigate those effects. tents for this Act is as follows: teams of members of the Armed Forces and ‘‘(2) In this subsection, the term ‘major de- Sec. 1. Short title; table of contents. civilian personnel of the Department of De- fense acquisition program’ has the meaning fense for eligibility for recognition under the TITLE I—ACQUISITION ORGANIZATION given that term in section 2430 of this title.’’. program. Sec. 101. Independent performance of acquisi- (2) Procedures for the evaluation of nomi- SEC. 209. PLAN FOR ELIMINATION OF WEAK- tion oversight functions. NESSES IN OPERATIONS THAT nations for recognition under the program Sec. 102. Oversight of cost estimation. HINDER CAPACITY TO ASSEMBLE Sec. 103. Oversight of systems engineering. by one or more panels of individuals from AND ASSESS RELIABLE COST INFOR- Sec. 104. Oversight of performance assessment. the government, academia, and the private MATION ON ACQUIRED ASSETS Sec. 105. Assessment of technological maturity sector who have such expertise, and are ap- UNDER MAJOR DEFENSE ACQUISI- of critical technologies of major pointed in such manner, as the Secretary TION PROGRAMS. defense acquisition programs by shall establish for purposes of the program. (a) IN GENERAL.—Not later than 180 days the Director of Defense Research (c) AWARD OF CASH BONUSES.—As part of after the date of the enactment of this Act, and Engineering. the program required by subsection (a), the the Chief Management Officer of the Depart- Sec. 106. Role of the commanders of the combat- Secretary may award to any individual rec- ment of Defense shall submit to Congress a ant commands in identifying joint ognized pursuant to the program a cash report setting forth a plan to identify and military requirements. bonus authorized by any other provision of address weaknesses in operations that hinder TITLE II—ACQUISITION POLICY law to the extent that the performance of the capacity to assemble and assess reliable such individual so recognized warrants the cost information on the systems and assets Sec. 201. Acquisition strategies ensuring com- award of such bonus under such provision of to be acquired under major defense acquisi- petition throughout the lifecycle law. tion programs. of major defense acquisition pro- grams. SEC. 207. EARNED VALUE MANAGEMENT. (b) ELEMENTS.—The report required under Sec. 202. Additional requirements for certain (a) ENHANCED TRACKING OF CONTRACTOR subsection (a) shall include the following: major defense acquisition pro- PERFORMANCE.—Not later than 180 days after (1) Mechanisms to identify any weaknesses grams. the date of the enactment of this Act, the in operations under major defense acquisi- Sec. 203. Requirement for certification of major Under Secretary of Defense for Acquisition, tion programs that hinder the capacity to systems prior to Milestone B. Technology, and Logistics shall review the assemble and assess reliable cost informa- Sec. 204. Critical cost growth in major defense existing guidance and, as necessary, pre- tion on the systems and assets to be acquired acquisition programs. scribe additional guidance governing the im- under such programs in accordance with ap- Sec. 205. Organizational conflicts of interest in plementation of the Earned Value Manage- plicable accounting standards. the acquisition of major weapon ment (EVM) requirements and reporting for (2) Mechanisms to address weaknesses in systems. contracts to ensure that the Department of operations under major defense acquisition Sec. 206. Awards for Department of Defense Defense— programs identified pursuant to the utiliza- personnel for excellence in the ac- (1) applies uniform EVM standards to reli- tion of the mechanisms set forth under para- quisition of products and services. ably and consistently measure contract or graph (1). Sec. 207. Consideration of trade-offs among project performance; (3) A description of the proposed imple- cost, schedule, and performance (2) applies such standards to establish ap- mentation of the mechanisms set forth pur- in the acquisition of major weap- propriate baselines at the award of a con- suant to paragraph (2) to address the weak- on systems.

VerDate Nov 24 2008 02:40 May 14, 2009 Jkt 079060 PO 00000 Frm 00056 Fmt 7634 Sfmt 6343 E:\CR\FM\A13MY7.050 H13MYPT1 rfrederick on PROD1PC67 with HOUSE May 13, 2009 CONGRESSIONAL RECORD — HOUSE H5545 TITLE I—ACQUISITION ORGANIZATION chapter 144 of this title or major automated in- ‘‘(1) disclose the confidence level used in es- SEC. 101. INDEPENDENT PERFORMANCE OF AC- formation system programs under chapter 144A tablishing a baseline estimate for the major de- QUISITION OVERSIGHT FUNCTIONS. of this title. fense acquisition program, the rationale for se- (a) IN GENERAL.—Chapter 4 of title 10, United ‘‘(5) Independent cost estimates and cost anal- lecting such confidence level, and, if such con- States Code, is amended by adding at the end yses for major defense acquisition programs and fidence level is less than 80 percent, the jus- the following new section: major automated information system programs tification for selecting a confidence level of less for which the Under Secretary of Defense for than 80 percent; and ‘‘§ 145. Principal advisors for acquisition over- Acquisition, Technology, and Logistics is the ‘‘(2) include the disclosure required by para- sight functions Milestone Decision Authority— graph (1) in any decision documentation ap- ‘‘(a) ASSIGNMENT OF ACQUISITION OVERSIGHT ‘‘(A) in advance of— proving a baseline estimate for the major de- FUNCTIONS.—The Secretary of Defense shall des- ‘‘(i) any certification under section 2366a or fense acquisition program, in the next Selected ignate an official within the Office of the Sec- 2366b of title 10, United States Code; Acquisition Report pursuant to section 2432 of retary of Defense as the principal advisor to the ‘‘(ii) any decision to enter into low-rate initial this title for the major defense acquisition pro- Secretary for each acquisition oversight func- production or full-rate production; gram, and in the next annual report submitted tion specified in subsection (c). An official may ‘‘(iii) any certification under section 2433(e)(2) under subsection (f). be designated to perform one or more of such of this title; and ‘‘(e) RELATIONSHIP TO COST ANALYSIS IM- ‘‘(iv) any report under section 2445c(f) of this functions. The performance of duties pursuant PROVEMENT GROUP.—The official designated to to a designation under this section shall not title; and perform oversight of cost estimation pursuant to ‘‘(B) at any other time considered necessary limit or otherwise affect the performance of any section 145 of this title shall be assigned respon- by such official or upon the request of the other duties assigned to such official by the Sec- sibility for the management and oversight of the Under Secretary of Defense for Acquisition, retary or by other officers of the Department re- Cost Analysis Improvement Group of the De- Technology, and Logistics. sponsible for the management and direction of partment of Defense. ‘‘(b) REVIEW OF COST ESTIMATES, COST ANAL- such official except as necessary to satisfy the ‘‘(f) ANNUAL REPORT.—Not later than March 1 YSES, COST INDEXES, AND RECORDS OF THE MILI- requirements of subsection (b). of each year, beginning on March 1, 2010, the TARY DEPARTMENTS.—The Secretary of Defense ‘‘(b) QUALIFICATIONS.—In designating an offi- official designated to perform oversight of cost shall ensure that the official designated for cial for a function pursuant to subsection (a), estimation pursuant to section 145 of this title oversight of cost estimation pursuant to section the Secretary shall ensure that the official re- shall submit to the congressional defense com- ports directly to the Secretary in the perform- 145 of this title— ‘‘(1) promptly receives the results of all cost mittees a report on the activities undertaken ance of such function and is— estimates and cost analyses conducted by the pursuant to this section during the preceding ‘‘(1) highly expert in matters relating to the military departments, and all studies conducted year. The report shall be in an unclassified form function; by the military departments in connection with but may include a classified annex.’’. ‘‘(2) assigned the appropriate staff and re- (b) CLERICAL AMENDMENT.—The table of sec- such cost estimates and cost analyses, for major sources necessary to carry out the function; tions at the beginning of such chapter is amend- defense acquisition programs and major auto- ‘‘(3) independent from those engaged in the ed by adding at the end the following new item: mated information systems of the military de- execution of acquisition programs; partments, and is authorized to comment on ‘‘2334. Acquisition oversight: oversight of cost ‘‘(4) free of any undue political influence; and estimation.’’. ‘‘(5) free of any personal conflict of interest. such estimates, analyses, and studies; and ‘‘(2) has timely access to any records and data SEC. 103. OVERSIGHT OF SYSTEMS ENGINEERING. ‘‘(c) ACQUISITION OVERSIGHT FUNCTIONS.—(1) in the Department of Defense (including the (a) IN GENERAL.—Chapter 137 of title 10, The acquisition oversight functions to be per- records and data of each military department United States Code, as amended by section 102, formed by officials designated pursuant to sub- and including classified and proprietary infor- is further amended by adding at the end the fol- section (a) are as follows: mation as appropriate) that the official con- lowing new section: ‘‘(A) Cost estimation. ‘‘(B) Systems engineering. siders necessary to review in order to carry out ‘‘§ 2334a. Acquisition oversight: oversight of ‘‘(C) Performance assessment. any duties under this section. systems engineering ‘‘(c) PARTICIPATION, CONCURRENCE, AND AP- ‘‘(D) Such other acquisition functions as the ‘‘(a) ISSUANCE OF POLICIES, PROCEDURES, AND PROVAL IN COST ESTIMATION.—The Secretary of Secretary considers appropriate. GUIDANCE.—The official designated to perform Defense shall ensure that the official designated ‘‘(2) Each acquisition oversight function speci- oversight of systems engineering pursuant to for oversight of cost estimation pursuant to sec- fied in paragraph (1) shall cover all phases of section 145 of this title shall— tion 145 of this title is involved in all discussions an acquisition program, including setting of re- ‘‘(1) issue policies, procedures, and guidance relating to cost estimation and the estimation of quirements, formulation and execution of budg- for all elements of the Department of Defense resource levels required for major defense acqui- ets, and program execution.’’. concerning— sition programs and major automated informa- (b) CLERICAL AMENDMENT.—The table of sec- ‘‘(A) the use of systems engineering principles tion systems of the Department of Defense gen- tions at the beginning of such chapter is amend- and best practices, generally; erally at all stages of such programs and may— ed by adding at the end the following new item: ‘‘(B) the use of systems engineering ap- ‘‘(1) participate in the formulation of study proaches to enhance reliability, availability, ‘‘145. Principal advisors for acquisition over- guidance for analyses of alternatives for major and maintainability on major defense acquisi- sight functions.’’. defense acquisition programs; tion programs; SEC. 102. OVERSIGHT OF COST ESTIMATION. ‘‘(2) participate in discussion of resources as- ‘‘(C) the development of systems engineering (a) IN GENERAL.—Chapter 137 of title 10, sociated with requirements; master plans for major defense acquisition pro- United States Code, is amended by adding at the ‘‘(3) participate in the discussion of any dis- grams, including systems engineering consider- end the following new section: crepancies between an independent cost esti- ations in support of life-cycle management and mate and the cost estimate of a military depart- ‘‘§ 2334. Acquisition oversight: oversight of sustainability; ment for a major defense acquisition program or cost estimation ‘‘(D) the inclusion of provisions relating to major automated information system of the De- systems engineering and reliability growth in re- ‘‘(a) ISSUANCE OF POLICIES, PROCEDURES, partment of Defense; quests for proposals; GUIDANCE, AND COST ESTIMATES.—The official ‘‘(4) approve or disapprove, at such official’s ‘‘(E) the appropriate use of development plan- assigned oversight of cost estimation pursuant sole discretion, the confidence level used in es- ning to reduce the time from system development to section 145 of this title shall issue the fol- tablishing a baseline description or budget esti- to deployment, to reduce development risk and lowing: mate for a major defense acquisition program or cost growth, and to provide future benchmarks ‘‘(1) Policies and procedures governing the major automated information system of the De- against which to trade requirements, cost, and conduct of cost estimation and cost analysis partment of Defense at any of the events speci- schedule; generally for the acquisition programs of the fied in paragraph (5) of subsection (a) of this ‘‘(F) developmental test and evaluation gen- Department of Defense. section; erally; ‘‘(2) Guidance relating to cost estimates and ‘‘(5) concur in the choice of a baseline descrip- ‘‘(G) in coordination with the Director of cost analyses conducted in connection with tion or budget estimate for use at any of the Operational Test and Evaluation, the integra- major defense acquisition programs under chap- events specified in paragraph (5) of subsection tion of developmental test and evaluation with ter 144 of this title or major automated informa- (a) of this section; and operational test and evaluation; tion system programs under chapter 144A of this ‘‘(6) participate in consideration of any deci- ‘‘(H) in coordination with the Director of title. sion to request authorization of a multiyear pro- Operational Test and Evaluation, the develop- ‘‘(3) Guidance relating to the proper selection curement contract for a major defense acquisi- ment of test and evaluation master plans for of confidence levels for cost estimates generally, tion program. major defense acquisition programs; and and specifically, for the proper selection of con- ‘‘(d) DISCLOSURE OF CONFIDENCE LEVELS FOR ‘‘(I) the use of developmental test and evalua- fidence levels for cost estimates for major de- BASELINE ESTIMATES OF MAJOR DEFENSE ACQUI- tion as part of a coordinated systems engineer- fense acquisition programs under chapter 144 of SITION PROGRAMS.—The official designated to ing approach to system development; and this title or major automated information system perform oversight of cost estimation pursuant to ‘‘(2) provide advocacy, oversight, and direc- program under chapter 144A of this title. section 145 of this title, in approving a con- tion to elements of the acquisition workforce re- ‘‘(4) Guidance relating to full consideration of fidence level for use in a major defense acquisi- sponsible for functions relating to systems engi- life-cycle management and sustainability costs tion program pursuant to subsection (c)(4), neering, developmental test and evaluation, and of major defense acquisition programs under shall— life-cycle management and sustainability.

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‘‘(b) PARTICIPATION IN REQUIREMENTS DISCUS- acquisition programs of the Department of De- 1, 2011, and shall address the results of reviews SIONS.—The official designated to perform over- fense, including assessment of the extent to and assessments conducted by the Director of sight of systems engineering pursuant to section which acquisition programs— Defense Research and Engineering pursuant to 145 of this title shall provide input on the inclu- ‘‘(1) deliver sufficient capability to the subsection (c)(1) of such section (as so added) sion of systems engineering requirements in the warfighter; during the preceding calendar year. process for consideration of joint military re- ‘‘(2) achieve timely delivery of such capa- (b) REPORT ON RESOURCES FOR IMPLEMENTA- quirements by the Joint Requirements Oversight bility; and TION.—Not later than 120 days after the date of Council pursuant to section 181 of title 10, ‘‘(3) deliver a level of value consistent with re- the enactment of this Act, the Director of De- United States Code, including specific input re- sources expended. fense Research and Engineering shall submit to lating to each capabilities development docu- ‘‘(b) ASSESSMENT OF BASELINE QUALITY.—The the congressional defense committees a report ment. official designated to perform oversight of per- describing any additional resources that may be ‘‘(c) ACCESS TO RECORDS OF THE MILITARY formance assessment pursuant to section 145 of required by the Director, and by other research DEPARTMENTS.—The official designated to per- this title shall periodically assess the suitability form oversight of systems engineering pursuant of the baseline descriptions required by section and engineering elements of the Department of to section 145 of this title shall have access to 2435 of title 10, United States Code, of major de- Defense, to carry out the following: any records or data of the Department of De- fense acquisition programs for providing a basis (1) The requirements under the amendment fense (including the records and data of each for performance assessment and make such rec- made by subsection (a)(1). ommendations to the Secretary of Defense and military department and including classified (2) The technological maturity assessments re- the Under Secretary of Defense for Acquisition, and proprietary information as appropriate) quired by section 2366b(a) of title 10, United Technology, and Logistics as the official con- that the official considers necessary to review in States Code. order to carry out any duties under this section. siders necessary to improve the suitability of ‘‘(d) ASSESSMENT OF MILITARY DEPARTMENT baseline descriptions for such purpose. (3) The requirements of Department of De- CAPABILITIES FOR SYSTEMS ENGINEERING AND ‘‘(c) EARNED VALUE MANAGEMENT SYSTEM.— fense Instruction 5000, as revised. DEVELOPMENTAL TEST AND EVALUATION.—The The official designated to perform oversight of performance assessment pursuant to section 145 SEC. 106. ROLE OF THE COMMANDERS OF THE official designated to perform oversight of sys- COMBATANT COMMANDS IN IDENTI- tems engineering pursuant to section 145 of this of this title shall be responsible for the manage- FYING JOINT MILITARY REQUIRE- title shall— ment and oversight of the records of the earned MENTS. ‘‘(1) periodically assess the capabilities of the value management system of the Department of military departments for systems engineering Defense. (a) IN GENERAL.—Section 181(d) of title 10, (including development planning) and develop- ‘‘(d) PARTICIPATION IN CERTAIN PROGRAM RE- United States Code, is amended— mental test and evaluation; VIEWS.—The official designated to perform over- (1) by inserting ‘‘(1)’’ before ‘‘The Under Sec- ‘‘(2) provide such assessment, along with such sight of performance assessment pursuant to retary’’; and recommendations for improvement as the official section 145 of this title is authorized to present (2) by adding at the end the following new considers necessary, to the Secretary of Defense an assessment of the performance of a major de- paragraph: and the Under Secretary of Defense for Acquisi- fense acquisition program during— tion, Technology, and Logistics; and ‘‘(1) any discussions prior to certification ‘‘(2) The Council shall seek and consider ‘‘(3) include such assessment and rec- under section 2433(e)(2) of this title; input from the commanders of the combatant ommendations in the annual report required by ‘‘(2) any discussions prior to entry into full- commands in carrying out its mission under subsection (g). rate production; and paragraphs (1) and (2) of subsection (b) and in ‘‘(e) REVIEW AND APPROVAL OF PLANS FOR ‘‘(3) consideration of any decision to request conducting periodic reviews in accordance with MAJOR DEFENSE ACQUISITION PROGRAMS.—The authorization of a multiyear procurement con- the requirements of subsection (e). Such input official designated to perform oversight of sys- tract for a major defense acquisition program. may include, but is not limited to, an assessment tems engineering pursuant to section 145 of this ‘‘(e) ANNUAL REPORT.—Not later than March of the following: title shall review and approve the following 1 of each year, beginning on March 1, 2010, the ‘‘(A) Any current or projected missions or plans with respect to any major defense acquisi- official designated to perform oversight of per- threats in the theater of operations of the com- tion program: formance assessment pursuant to section 145 of mander of a combatant command that would in- ‘‘(1) The systems engineering master plan. this title shall submit to the congressional de- ‘‘(2) The developmental test and evaluation fense committees a report on the activities un- form the assessment of a new joint military re- plan within the test and evaluation master dertaken pursuant to this section during the quirement. plan. preceding year. The report shall be in unclassi- ‘‘(B) The necessity and sufficiency of a pro- ‘‘(f) REPORTING THROUGH UNDER SEC- fied form but may include a classified annex.’’. posed joint military requirement in terms of cur- RETARY.—The official designated to perform (b) CLERICAL AMENDMENT.—The table of sec- rent and projected missions or threats. oversight of systems engineering pursuant to tions at the beginning of such chapter, as ‘‘(C) The relative priority of a proposed joint section 145 of this title shall report to the Sec- amended by section 103, is further amended by military requirement in comparison with other retary of Defense through the Under Secretary adding at the end the following new item: joint military requirements within the theater of of Defense for Acquisition, Technology, and Lo- ‘‘2334b. Acquisition oversight: oversight of per- operations of a commander of a combatant com- gistics. formance assessment.’’. mand. ‘‘(g) ANNUAL REPORT.—Not later than March SEC. 105. ASSESSMENT OF TECHNOLOGICAL MA- 1 of each year, beginning on March 1, 2010, the TURITY OF CRITICAL TECH- ‘‘(D) The ability of partner nations in the the- official designated to perform oversight of sys- NOLOGIES OF MAJOR DEFENSE AC- ater of operations of the commander of a com- tems engineering pursuant to section 145 of this QUISITION PROGRAMS BY THE DI- batant command to assist in meeting the joint title shall submit to the congressional defense RECTOR OF DEFENSE RESEARCH military requirement or the benefit, if any, of a committees a report on the activities undertaken AND ENGINEERING. partner nation assisting in development or use pursuant to this section during the preceding (a) ASSESSMENT BY DIRECTOR OF DEFENSE RE- of technologies developed to meet the joint mili- year. The report shall be in unclassified form SEARCH AND ENGINEERING.— tary requirement.’’. but may include a classified annex.’’. (1) IN GENERAL.—Section 139a of title 10, (b) COMPTROLLER GENERAL OF THE UNITED (b) CLERICAL AMENDMENT.—The table of sec- United States Code, is amended by adding at the STATES REVIEW OF IMPLEMENTATION.—Not later tions at the beginning of such chapter, as end the following new subsection: than two years after the date of the enactment amended by section 102, is further amended by ‘‘(c)(1) The Director of Defense Research and of this Act, the Comptroller General of the adding at the end the following new item: Engineering shall periodically review and assess the technological maturity and integration risk United States shall submit to the Committees on ‘‘2334a. Acquisition oversight: oversight of sys- of critical technologies of the major defense ac- Armed Services of the Senate and the House of tems engineering.’’. quisition programs of the Department of Defense Representatives a report on the implementation SEC. 104. OVERSIGHT OF PERFORMANCE ASSESS- and report on the findings of such reviews and of the requirements of (1) subsection (d)(2) of MENT. assessments to the Under Secretary of Defense section 181 of title 10, United States Code (as (a) IN GENERAL.—Chapter 137 of title 10, for Acquisition, Technology, and Logistics. amended by subsection (a)), for the Joint Re- United States Code, as amended by section 103, ‘‘(2) The Director shall submit to the Secretary quirements Oversight Council to solicit and con- is further amended by adding at the end the fol- of Defense and to the congressional defense sider input from the commanders of the combat- lowing new section: committees by January 1 of each year a report ant commands, and (2) subsection (b) of section ‘‘§ 2334b. Acquisition oversight: oversight of on the technological maturity and integration 181 of title 10, United States Code (as amended performance assessment risk of critical technologies of the major defense by section 942 of the National Defense Author- ‘‘(a) ISSUANCE OF POLICIES, PROCEDURES, AND acquisition programs of the Department of De- ization Act for Fiscal Year 2008 (Public Law GUIDANCE FOR PERFORMANCE ASSESSMENTS.— fense.’’. 110–181; 122 Stat. 287)). The report shall include, The official designated to perform oversight of (2) FIRST ANNUAL REPORT.—The first annual at a minimum, an assessment of the extent to performance assessment pursuant to section 145 report under subsection (c)(2) of section 139a of which the Council has effectively sought, and of this title shall be responsible for the issuance title 10, United States Code (as added by para- the commanders of the combatant commands of policies, procedures, and guidance governing graph (1)), shall be submitted to the congres- have provided, meaningful input on proposed the conduct of performance assessments for the sional defense committees not later than March joint military requirements.

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TITLE II—ACQUISITION POLICY of Defense to the President regarding a major (c) REVIEWS OF PROGRAMS RESTRUCTURED SEC. 201. ACQUISITION STRATEGIES ENSURING defense acquisition program receiving a waiver AFTER EXPERIENCING CRITICAL COST GROWTH.— COMPETITION THROUGHOUT THE pursuant to subsection (d) shall prominently The official designated to perform oversight of LIFECYCLE OF MAJOR DEFENSE AC- and clearly indicate that such program has not performance assessment pursuant to section 145 QUISITION PROGRAMS. fully satisfied the certification requirements of of title 10, United States Code, as added by this (a) ACQUISITION STRATEGY ENSURING COM- this section until such time as the milestone de- Act, shall annually review each major defense PETITION.—The Secretary of Defense shall en- cision authority makes the determination that acquisition program that has been considered sure that the acquisition strategy for each major such program has satisfied all certification com- pursuant to paragraph (2) of section 2433(e) of defense acquisition program includes— ponents pursuant to subsection (d)(2)(B).’’; title 10, United States Code, and which has been (1) measures to ensure competition, or the op- (3) in subsection (a)— certified as necessary to continue pursuant to tion of competition, at both the prime contract (A) in paragraph (1), by striking ‘‘and’’ at the such paragraph, to assess the success of the pro- level and the subcontract level (at such tier or end; gram in achieving adequate program perform- tiers as are appropriate) of such program (B) by redesignating paragraph (2) as para- ance after the completion of such consideration. throughout the life-cycle of such program as a graph (3); The results of reviews performed pursuant to means to improve contractor performance; and (C) by inserting after paragraph (1) the fol- this subsection shall be included in the next an- (2) adequate documentation of the rationale lowing new paragraph (2): nual report of such official. for the selection of the subcontract tier or tiers ‘‘(2) has received a preliminary design review SEC. 203. REQUIREMENT FOR CERTIFICATION OF under paragraph (1). and conducted a formal post-preliminary design MAJOR SYSTEMS PRIOR TO MILE- (b) MEASURES TO ENSURE COMPETITION.—The review assessment, and certifies on the basis of STONE B. measures to ensure competition, or the option of such assessment that the program demonstrates (a) CERTIFICATION.—Except as provided in competition, for purposes of subsection (a) may a high likelihood of accomplishing its intended subsection (b), beginning not later than 270 days include measures to achieve the following, in mission or that no preliminary design review is after the date of the enactment of this Act, for appropriate cases if such measures are cost-ef- necessary for such program to demonstrate a each major defense acquisition program that has fective: high likelihood of accomplishing its intended not received Milestone B approval, or Key Deci- (1) Competitive prototyping. mission; and’’; and sion Point B approval in the case of a space (2) Dual-sourcing. (D) in paragraph (3), as redesignated by sub- program, the Milestone Decision Authority shall (3) Unbundling of contracts. paragraph (B) of this paragraph— certify, after consultation with the Joint Re- (4) Funding of a second source for inter- (i) in subparagraph (D), by striking the semi- quirements Oversight Council on matters relat- changeable, next-generation prototype systems colon and inserting ‘‘, as determined by the ing to program requirements and military or subsystems. Milestone Decision Authority on the basis of an needs— (5) Use of modular, open architectures to en- independent review and assessment by the Di- (1) that the program fulfills an approved ini- able competition for upgrades. rector of Defense Research and Engineering; tial capabilities document; (6) Use of build-to-print approaches to enable and’’; (2) that the program is being executed by an production through multiple sources. (ii) by striking subparagraph (E); and entity with a relevant core competency as iden- (7) Acquisition of complete technical data (iii) by redesignating subparagraph (F) as tified by the Secretary of Defense under section packages. subparagraph (E). 118b of title 10, United States Code; (8) Periodic competitions for subsystem up- (b) CERTIFICATION AND REVIEW OF PROGRAMS (3) if the program duplicates a capability al- grades. ENTERING DEVELOPMENT PRIOR TO ENACTMENT ready provided by an existing program, the du- (9) Licensing of additional suppliers. OF SECTION 2366BOFTITLE 10.— plication provided by such program is necessary (10) Periodic system or program reviews to ad- (1) DETERMINATION.—(A) Except as provided and appropriate; dress long-term competitive effects of program in subparagraph (B), beginning not later than (4) that a cost estimate for such program has decisions. 270 days after the date of the enactment of this been submitted to the Milestone Decision Au- (c) CONSIDERATION OF COMPETITION Act, for each major defense acquisition program thority and that the concurrence of the official THROUGHOUT OPERATION AND SUSTAINMENT OF that has not received a Milestone C approval, or designated to perform oversight of cost esti- MAJOR DEFENSE ACQUISITION PROGRAMS.—In Key Decision Point C approval in the case of a mation pursuant to section 145 of title 10, carrying out this section, the Secretary of De- space program, the Milestone Decision Author- United States Code, has been obtained regarding fense shall ensure that, with respect to mainte- ity shall determine whether or not the program the choice of a cost estimate; and (5) that a schedule identifying the time and nance of a major defense acquisition program, satisfies the certification components specified major activities required to reach Milestone B consideration is given to capabilities within the in paragraphs (1) and (2) of subsection (a) of approval, or Key Decision Point B approval in Department of Defense to perform maintenance section 2366b of title 10, United States Code. the case of a space program, has been submitted functions. (B) Subparagraph (A) shall not apply to a to the Milestone Decision Authority. SEC. 202. ADDITIONAL REQUIREMENTS FOR CER- major defense acquisition program that has been reviewed pursuant to section 2366b of title 10, (b) EXCEPTION.—Subsection (a) shall not TAIN MAJOR DEFENSE ACQUISITION apply to a major defense acquisition program PROGRAMS. United States Code, prior to the date that is 270 that has received a certification as required by (a) ADDITIONAL REQUIREMENTS RELATING TO days after the date of the enactment of this Act, section 2366a, title 10, United States Code. MILESTONE B APPROVAL.—Section 2366b of title or a major defense acquisition program that has (c) REPORTS.— not yet received Milestone B approval. 10, United States Code, is amended— (1) RELATING TO COST GROWTH OR SCHEDULE (2) ANNUAL REVIEW.—The Milestone Decision (1) in subsection (d)— DELAY OF PROGRAMS CERTIFIED UNDER SUB- Authority shall review any program determined (A) by inserting ‘‘(1)’’ before ‘‘The milestone SECTION (A).—With respect to a major defense pursuant to paragraph (1) not to satisfy the cer- decision authority may’’; and acquisition program certified by the Milestone tification components of subsection (a) of sec- (B) by striking the second sentence and insert- Decision Authority under subsection (a), the tion 2366b of title 10, United States Code, not ing the following: Milestone Decision Authority shall submit to the less often than annually thereafter to determine ‘‘(2) Whenever the milestone decision author- congressional defense committees a report in ac- the extent to which such program currently sat- ity makes such a determination and authorizes cordance with this subsection if, prior to Mile- isfies the certification components specified in such a waiver— stone B approval— ‘‘(A) the waiver, the determination, and the paragraphs (1) and (2) of subsection (a) of such (A) the projected cost of the program exceeds reasons for the determination shall be submitted section until such time as the Milestone Decision the cost estimate for the program submitted to in writing to the congressional defense commit- Authority determines that the program satisfies the Milestone Decision Authority in accordance tees within 30 days after the waiver is author- all such certification components. with subsection (a)(4) by more than 25 percent; ized; and (3) DESIGNATION OF CERTIFICATION STATUS IN or ‘‘(B) the milestone decision authority shall re- BUDGET DOCUMENTATION.—Any budget request, (B) the schedule submitted to the Milestone view the program not less often than annually budget justification material, budget display, re- Decision Authority in accordance with sub- to determine the extent to which such program programming request, Selected Acquisition Re- section (a)(5) is delayed by more than 25 per- currently satisfies the certification components port, or other budget documentation or perform- cent. specified in paragraphs (1) and (2) of subsection ance report submitted by the Secretary of De- (2) RELATING TO COST GROWTH OF PROGRAMS (a) until such time as the milestone decision au- fense to the President regarding a major defense CERTIFIED UNDER SECTION 2366A.—With respect to thority determines that the program satisfies all acquisition program which the Milestone Deci- a major defense acquisition program certified by such certification components.’’; sion Authority determines under paragraph (1) the Milestone Decision Authority under section (2) by redesignating subsections (e) and (f) as does not satisfy the certification components 2366a of title 10, United States Code, the Mile- subsections (f) and (g), respectively, and insert- specified in paragraphs (1) and (2) of subsection stone Decision Authority shall submit to the ing after subsection (d) the following new sub- (a) of section 2366b of title 10, United States congressional defense committees a report in ac- section (e): Code, shall prominently and clearly indicate cordance with this subsection if the program ‘‘(e) DESIGNATION OF CERTIFICATION STATUS that such program has not fully satisfied such manager submits a notification to the Milestone IN BUDGET DOCUMENTATION.—Any budget re- certification components until such time as the Decision Authority pursuant to section 2366a(b). quest, budget justification material, budget dis- Milestone Decision Authority makes the deter- (3) MATTERS COVERED.—Any report submitted play, reprogramming request, Selected Acquisi- mination that such program has satisfied all pursuant to paragraph (1) or (2) shall— tion Report, or other budget documentation or certification components pursuant to paragraph (A) identify the root causes of the cost or performance report submitted by the Secretary (2). schedule growth;

VerDate Nov 24 2008 02:40 May 14, 2009 Jkt 079060 PO 00000 Frm 00059 Fmt 7634 Sfmt 6333 E:\CR\FM\A13MY7.048 H13MYPT1 rfrederick on PROD1PC67 with HOUSE H5548 CONGRESSIONAL RECORD — HOUSE May 13, 2009 (B) identify appropriate acquisition perform- ‘‘(ii) subject to subparagraph (B), determine after the date of the enactment of this Act, the ance measures for the remainder of the program; whether to terminate such program or to re- Panel on Contracting Integrity established pur- and structure such program after assessing— suant to section 813 of the John Warner Na- (C) include one of the following: ‘‘(I) the root causes of cost growth identified tional Defense Authorization Act for Fiscal (i) A written certification (with a supporting pursuant to subparagraph (A); Year 2007 (Public Law 109–364; 120 Stat. 2320) explanation) stating that— ‘‘(II) the validity and urgency of the joint shall present recommendations to the Secretary (I) such program is essential to national secu- military requirement; of Defense on measures to eliminate or mitigate rity; ‘‘(III) the viability of the acquisition strategy; organizational conflicts of interest in the acqui- (II) there are no alternatives to such program ‘‘(IV) the quality of program management; sition of major weapons systems. that will provide acceptable military capability ‘‘(V) a broad range of potential material and (b) REVISED REGULATIONS REQUIRED.—Not at less cost; non-material alternatives to such program; and later than 180 days after receiving recommenda- (III) new estimates of the cost or schedule, as ‘‘(VI) the need to reduce funding for other tions pursuant to subsection (a), the Secretary appropriate, are reasonable; and programs due to the cost growth on such pro- of Defense shall revise the Defense Supplement (IV) the management structure for the pro- gram; to the Federal Acquisition Regulation to address gram is adequate to manage and control pro- ‘‘(iii) submit the determination made under organizational conflicts of interest by contrac- gram cost and schedule. clause (ii) to Congress, before the end of the 60- tors in the acquisition of major weapon systems. (ii) A plan for terminating the development of day period beginning on the day the Selected (c) POTENTIAL ORGANIZATIONAL CONFLICTS OF the program or withdrawal of Milestone A ap- Acquisition Report containing the information INTEREST.—The organizational conflicts of in- proval (or Key Decision Point A approval in the described in subsection (g) is required to be sub- terest considered during the preparation of the case of a space program) if the Milestone Deci- mitted under section 2432(f) of this title; and recommendations required pursuant to sub- sion Authority determines that such action is in ‘‘(iv) if a report under paragraph (1) has been section (a) shall include conflicts that could the interest of national defense. previously submitted to Congress with respect to arise as a result of any of the following: (4) TIME OF SUBMISSION.—A report required by such program or subprogram for the current fis- (1) Lead system integrator contracts on major this subsection shall be submitted— cal year but was based upon a different unit defense acquisition programs and contracts that (A) in the case of a report required by para- cost report from the program manager to the follow lead system integrator contracts on such graph (1), not later than 30 days after the Mile- service acquisition executive designated by the programs, particularly contracts for production. stone Decision Authority determines the cost Secretary concerned, submit a further report (2) The ownership of business units per- growth or schedule delay described in that para- containing the information described in sub- forming systems engineering and technical as- graph; and section (g), determined from the time of the pre- sistance functions, professional services, or (B) in the case of a report required by para- vious report to the time of the current report. management support services in relation to graph (2), not later than 30 days after the Mile- ‘‘(B) A program may be restructured pursuant major defense acquisition programs by contrac- stone Decision Authority receives the notifica- to a determination under subparagraph (A)(ii) tors who simultaneously own business units tion from the program manager described in that only if— competing to perform as either the prime con- paragraph. ‘‘(i) a written certification (with a supporting tractor or the supplier of a major subsystem or (d) DEFINITIONS.—In this section: explanation) is submitted along with the deter- component for such programs. (1) MAJOR DEFENSE ACQUISITION PROGRAM.— mination stating that— (3) The award of major subsystem contracts by The term ‘‘major defense acquisition program’’ ‘‘(I) such program is essential to national se- a prime contractor for a major defense acquisi- means the following: curity; tion program to business units or other affiliates (A) A major defense acquisition program as ‘‘(II) there are no alternatives to such pro- of the same parent corporate entity, and par- that term is defined in section 2430 of title 10, gram which will provide acceptable military ca- ticularly the award of subcontracts for software United States Code. integration or the development of a proprietary (B) An acquisition program of the Department pability at less cost; ‘‘(III) new estimates of the program acquisi- software system architecture. of Defense that the Secretary of Defense expects tion unit cost or procurement unit cost are rea- (4) The performance by, or assistance of, con- to become a major defense acquisition program sonable; tractors in technical evaluations on major de- (as defined in such section 2430) upon Milestone ‘‘(IV) the program is a higher priority than fense acquisition programs. B approval, on the basis of the cost estimate (d) EXTENSION OF PANEL ON CONTRACTING IN- programs whose funding must be reduced to ac- submitted in accordance with subsection (a)(4) TEGRITY.—Subsection (e) of section 813 of the commodate cost growth on such program; and of this section or subsection (a)(4) of section ‘‘(V) the management structure for the pro- John Warner National Defense Authorization 2366a of title 10, United States Code. gram is adequate to manage and control pro- Act for Fiscal Year 2007 (Public Law 109–364; (2) INITIAL CAPABILITIES DOCUMENT.—The gram acquisition unit cost or procurement unit 120 Stat. 2321) is amended to read as follows: term ‘‘initial capabilities document’’ has the ‘‘(e) TERMINATION.—(1) Subject to the restric- cost; and meaning provided by section 2366a (c)(2) of such tion in paragraph (2), the panel shall continue ‘‘(ii) the most recent milestone decision is re- title. to serve until the date that is 18 months after visited and results in the approval of such re- (3) ENTITY.—The term ‘‘entity’’ has the mean- the date on which the Secretary of Defense noti- structured program.’’. ing provided by section 2366a(c)(4) of such title. fies the congressional defense committees of an (b) TOTAL EXPENDITURE FOR PROCUREMENT (4) MILESTONE B APPROVAL.—The term ‘‘Mile- intention to terminate the panel based on a de- RESULTING IN TREATMENT AS MAJOR DEFENSE stone B approval’’ has the meaning provided by termination that the activities of the panel no ACQUISITION PROGRAM.—Section 2430(a)(2) of section 2366(e)(7) of such title. longer justify its continuation and that con- such title is amended by inserting ‘‘, including SEC. 204. CRITICAL COST GROWTH IN MAJOR DE- cerns about contracting integrity have been all planned increments or spirals,’’ after ‘‘an FENSE ACQUISITION PROGRAMS. fully mitigated. eventual total expenditure for procurement’’. (a) AUTHORIZED ACTIONS IN EVENT OF CRIT- ‘‘(2) The panel shall continue to serve at least (c) REQUIREMENT TO INCLUDE COST GROWTH ICAL COST GROWTH.—Paragraph (2) of section until December 31, 2011.’’. FUNDING CHANGES IN REPORT.—When a program 2433(e) of title 10, United States Code, is amend- SEC. 206. AWARDS FOR DEPARTMENT OF DE- is restructured under paragraph (2) of section ed to read as follows: FENSE PERSONNEL FOR EXCEL- ‘‘(2)(A) If the program acquisition unit cost or 2433(e) of title 10, United States Code, the next LENCE IN THE ACQUISITION OF procurement unit cost of a major defense acqui- Selected Acquisition Report for such program PRODUCTS AND SERVICES. sition program or designated major subprogram submitted pursuant to section 2432 of such title (a) IN GENERAL.—Not later than 180 days (as determined by the Secretary under sub- occurring after the submission of the budget for after the date of the enactment of this Act, the section (d)) increases by a percentage equal to the fiscal year following the fiscal year in which Secretary of Defense shall commence carrying or greater than the critical cost growth thresh- the program was restructured shall contain a out a program to recognize excellent perform- old for the program or subprogram, the Sec- description of all funding changes included in ance by individuals and teams of members of the retary of Defense, after consultation with the the budget for that fiscal year as a result of the Armed Forces and civilian personnel of the De- Joint Requirements Oversight Council regarding cost growth on such program, including reduc- partment of Defense in the acquisition of prod- program requirements, shall— tions made in the budgets of other programs to ucts and services for the Department of Defense. ‘‘(i) determine the root cause or causes of the accommodate such cost growth. (b) ELEMENTS.—The program required by sub- critical cost growth including the role, if any, (d) CONFORMING AMENDMENTS.—Section section (a) shall include the following: of— 2433(e)(3) of such title is amended— (1) Procedures for the nomination by the per- ‘‘(I) changes or growth in requirements; (1) in subparagraph (A), by striking ‘‘or sonnel of the military departments and the De- ‘‘(II) unrealistic baseline estimates; (2)(B)’’ and inserting ‘‘or (2)(A)(iii)’’; and fense Agencies of individuals and teams of mem- ‘‘(III) any design, engineering, manufac- (2) in subparagraph (B)— bers of the Armed Forces and civilian personnel turing, or technology integration issues; (A) by striking ‘‘or (2)(B)’’ and inserting ‘‘or of the Department of Defense for eligibility for ‘‘(IV) changes in procurement quantities; (2)(A)(iii)’’; and recognition under the program. ‘‘(V) inadequate program funding or funding (B) by striking ‘‘paragraph (2)(A)’’ and insert- (2) Procedures for the evaluation of nomina- instability; ing ‘‘paragraph (2)(B)’’. tions for recognition under the program by one ‘‘(VI) poor performance by government or con- SEC. 205. ORGANIZATIONAL CONFLICTS OF IN- or more panels of individuals from the Govern- tractor personnel responsible for program man- TEREST IN THE ACQUISITION OF ment, academia, and the private sector who agement; or MAJOR WEAPON SYSTEMS. have such expertise, and are appointed in such ‘‘(VII) other causes as identified by the Sec- (a) REQUIREMENT FOR PANEL TO PRESENT manner, as the Secretary shall establish for pur- retary; RECOMMENDATIONS.—Not later than one year poses of the program.

VerDate Nov 24 2008 02:40 May 14, 2009 Jkt 079060 PO 00000 Frm 00060 Fmt 7634 Sfmt 6333 E:\CR\FM\A13MY7.048 H13MYPT1 rfrederick on PROD1PC67 with HOUSE May 13, 2009 CONGRESSIONAL RECORD — HOUSE H5549 (c) AWARD OF CASH BONUSES.—As part of the The vote was taken by electronic de- Miller, George Reichert Souder program required by subsection (a), the Sec- vice, and there were—ayes 424, noes 0, Minnick Reyes Space retary may award to any individual recognized Mitchell Richardson Speier not voting 9, as follows: Mollohan Rodriguez Spratt pursuant to the program a cash bonus author- Moore (KS) Roe (TN) Stearns ized by any other provision of law to the extent [Roll No. 253] Moore (WI) Rogers (AL) Stupak that the performance of such individual so rec- AYES—424 Moran (KS) Rogers (KY) Sullivan ognized warrants the award of such bonus Moran (VA) Rogers (MI) Sutton under such provision of law. Abercrombie Crowley Issa Murphy (CT) Rohrabacher Tauscher Ackerman Cuellar Jackson (IL) Murphy (NY) Rooney Taylor SEC. 207. CONSIDERATION OF TRADE-OFFS Aderholt Culberson Jackson-Lee AMONG COST, SCHEDULE, AND PER- Murphy, Patrick Ros-Lehtinen Teague Adler (NJ) Cummings (TX) Murphy, Tim Roskam Terry FORMANCE IN THE ACQUISITION OF Akin Dahlkemper Jenkins MAJOR WEAPON SYSTEMS. Myrick Ross Thompson (CA) Alexander Davis (AL) Johnson (GA) Nadler (NY) Rothman (NJ) Thompson (MS) (a) REVIEW OF MECHANISMS FOR CONSIDERING Altmire Davis (CA) Johnson (IL) Napolitano Roybal-Allard Thompson (PA) TRADE-OFFS.—The Comptroller General shall re- Andrews Davis (IL) Johnson, E. B. Neal (MA) Royce Thornberry view the use by the Department of Defense of Arcuri Davis (KY) Johnson, Sam Neugebauer Ruppersberger Tiahrt certain mechanisms for considering trade-offs Austria Davis (TN) Jones Nunes Rush Tiberi among cost, schedule, and performance in the Baca Deal (GA) Jordan (OH) Nye Ryan (OH) Tierney acquisition of major weapon systems. Bachmann DeFazio Kagen Oberstar Ryan (WI) Titus Bachus DeGette Kanjorski ECHANISMS NCLUDED Obey Salazar Tonko (b) M I .—The mechanisms Baird Delahunt Kaptur reviewed pursuant to subsection (a) shall in- Olson Sanchez, Loretta Towns Baldwin DeLauro Kennedy Olver clude— Sarbanes Tsongas Barrett (SC) Dent Kildee Ortiz Scalise Turner (1) the Tri-Chair Committee, as defined in sec- Barrow Dicks Kilpatrick (MI) Pallone Schakowsky Upton tion 817 of the National Defense Authorization Bartlett Dingell Kilroy Pascrell Schauer Van Hollen Act for Fiscal Year 2008 (Public Law 110–181; Barton (TX) Doggett Kind Pastor (AZ) Schiff Vela´ zquez 122 Stat. 225); Bean Donnelly (IN) King (IA) Paul Schmidt Visclosky (2) Configuration Steering Boards as estab- Becerra Doyle King (NY) Paulsen Schock Walden lished pursuant to section 814 of the Duncan Berkley Dreier Kingston Payne Schrader Walz Berman Driehaus Kirk Pence Schwartz Wamp Hunter National Defense Authorization Act for Berry Duncan Kirkpatrick (AZ) Fiscal Year 2009 (Public Law 110–417; 122 Stat. Perlmutter Scott (GA) Wasserman Biggert Edwards (MD) Kissell Perriello Scott (VA) Schultz 4528); Bilbray Ehlers Klein (FL) Peters Sensenbrenner Waters (3) any mechanism that is used or that may Bilirakis Ellison Kline (MN) Peterson Serrano Watson potentially be used by the Office of the Under Bishop (GA) Ellsworth Kosmas Petri Sessions Watt Secretary of Defense (Comptroller) for consid- Bishop (NY) Emerson Kratovil Pingree (ME) Sestak Waxman ering trade-offs among cost, schedule, and per- Bishop (UT) Engel Kucinich Pitts Shadegg Weiner formance in the acquisition of major weapon Blackburn Eshoo Lamborn Platts Shea-Porter Welch Blumenauer Etheridge Lance Poe (TX) Sherman Westmoreland systems; and Blunt Fallin Langevin (4) any other mechanisms identified as allow- Polis (CO) Shimkus Wexler Boccieri Farr Larsen (WA) Pomeroy Shuler Whitfield ing for the consideration of trade-offs in the re- Boehner Fattah Larson (CT) Posey Shuster Wilson (OH) port on investment strategies for major defense Bonner Filner Latham Price (GA) Simpson Wilson (SC) acquisition programs required by section 817 of Bono Mack Flake LaTourette Price (NC) Sires Wittman the National Defense Authorization Act for Fis- Boozman Fleming Latta Putnam Skelton Wolf cal Year 2008 (Public Law 110–181). Boren Forbes Lee (CA) Quigley Smith (NE) Woolsey Boswell Fortenberry Lee (NY) (c) ASSESSMENT OF MECHANISMS.—The review Radanovich Smith (NJ) Wu Boucher Foster Levin Rahall Smith (TX) Yarmuth shall describe and evaluate the effectiveness of Boustany Foxx Lewis (CA) the mechanisms identified in subsection (b). Rangel Smith (WA) Young (AK) Boyd Frank (MA) Lewis (GA) Rehberg Snyder Young (FL) (d) REPORT.—Not later than one year after Brady (PA) Franks (AZ) Linder the date of the enactment of this Act, the Comp- Brady (TX) Frelinghuysen Lipinski NOT VOTING—9 troller General shall submit to the congressional Braley (IA) Fudge LoBiondo Diaz-Balart, L. Murtha Stark defense committees a report on the review and Bright Gallegly Loebsack Diaz-Balart, M. Sa´ nchez, Linda Tanner assessment performed pursuant to this section. Broun (GA) Garrett (NJ) Lofgren, Zoe Edwards (TX) T. The report shall include such recommendations Brown (SC) Gerlach Lowey Israel Slaughter Brown, Corrine Giffords Lucas as the Comptroller General considers appro- Brown-Waite, Gingrey (GA) Luetkemeyer ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE priate on the matters reviewed, including rec- Ginny Gohmert Luja´ n The SPEAKER pro tempore (during ommendations to improve the effectiveness of Buchanan Gonzalez Lummis the vote). Members have 2 minutes re- the mechanisms included in the report. Burgess Goodlatte Lungren, Daniel maining in this vote. The SPEAKER pro tempore. Without Burton (IN) Gordon (TN) E. Butterfield Granger Lynch 1740 objection, H.R. 2101 is laid on the table. Buyer Graves Mack b There was no objection. Calvert Grayson Maffei So (two-thirds being in the affirma- Camp Green, Al Maloney f tive) the rules were suspended and the Campbell Green, Gene Manzullo resolution was agreed to. CONGRATULATING AMERICAN Cantor Griffith Marchant Cao Grijalva Markey (CO) The result of the vote was announced DENTAL ASSOCIATION ON ITS Capito Guthrie Markey (MA) as above recorded. 150TH ANNIVERSARY Capps Gutierrez Marshall A motion to reconsider was laid on The SPEAKER pro tempore. The un- Capuano Hall (NY) Massa the table. Cardoza Hall (TX) Matheson finished business is the question on Carnahan Halvorson Matsui f suspending the rules and agreeing to Carney Hare McCarthy (CA) APPOINTMENT OF CONFEREES ON the resolution, H. Res. 204. Carson (IN) Harman McCarthy (NY) The Clerk read the title of the resolu- Carter Harper McCaul S. 454, WEAPONS ACQUISITION Cassidy Hastings (FL) McClintock SYSTEM REFORM THROUGH EN- tion. Castle Hastings (WA) McCollum The SPEAKER pro tempore. The Castor (FL) Heinrich McCotter HANCING TECHNICAL KNOWL- question is on the motion offered by Chaffetz Heller McDermott EDGE AND OVERSIGHT ACT OF Chandler Hensarling McGovern 2009 the gentlewoman from the Virgin Is- Childers Herger McHenry lands (Mrs. CHRISTENSEN) that the Clarke Herseth Sandlin McHugh The SPEAKER pro tempore. Without House suspend the rules and agree to Clay Higgins McIntyre objection, the Chair appoints the fol- the resolution, H. Res. 204. Cleaver Hill McKeon lowing conferees: Messrs. SKELTON, Clyburn Himes McMahon PRATT RTIZ AYLOR BERCROMBIE The question was taken. Coble Hinchey McMorris S , O , T , A , The SPEAKER pro tempore. In the Coffman (CO) Hinojosa Rodgers REYES, SNYDER, SMITH of Washington, opinion of the Chair, two-thirds being Cohen Hirono McNerney Ms. LORETTA SANCHEZ of California, in the affirmative, the ayes have it. Cole Hodes Meek (FL) Mr. MCINTYRE, Mrs. TAUSCHER, Messrs. Conaway Hoekstra Meeks (NY) RECORDED VOTE Connolly (VA) Holden Melancon BRADY of Pennsylvania, ANDREWS, Mrs. Mr. ANDREWS. Madam Speaker, I Conyers Holt Mica DAVIS of California, Messrs. LANGEVIN, demand a recorded vote. Cooper Honda Michaud COOPER, ELLSWORTH, SESTAK, MCHUGH, A recorded vote was ordered. Costa Hoyer Miller (FL) BARTLETT, MCKEON, THORNBERRY, Costello Hunter Miller (MI) The SPEAKER pro tempore. This is a Courtney Inglis Miller (NC) JONES, AKIN, FORBES, MILLER of Flor- 5-minute vote. Crenshaw Inslee Miller, Gary ida, WILSON of South Carolina,

VerDate Nov 24 2008 02:58 May 14, 2009 Jkt 079060 PO 00000 Frm 00061 Fmt 7634 Sfmt 0634 E:\CR\FM\A13MY7.048 H13MYPT1 rfrederick on PROD1PC67 with HOUSE H5550 CONGRESSIONAL RECORD — HOUSE May 13, 2009 CONAWAY, HUNTER, and COFFMAN of Kilroy Mitchell Schauer REPORT ON RESOLUTION PRO- Colorado. Kind Mollohan Schiff VIDING FOR CONSIDERATION OF King (IA) Moore (KS) Schmidt There was no objection. King (NY) Moore (WI) Schock H.R. 2346, SUPPLEMENTAL AP- Kingston Moran (KS) Schrader PROPRIATIONS ACT, 2009 f Kirk Moran (VA) Schwartz Kirkpatrick (AZ) Murphy (CT) Scott (GA) Mr. PERLMUTTER, from the Com- MOTION TO CLOSE CONFERENCE Kissell Murphy (NY) Scott (VA) mittee on Rules, submitted a privi- COMMITTEE MEETINGS ON S. 454 Klein (FL) Murphy, Patrick Sensenbrenner leged report (Rept. No. 111–107) on the Kline (MN) Murphy, Tim Serrano Mr. SKELTON. Madam Speaker, pur- Kosmas Myrick Sessions resolution (H. Res. 434) providing for suant to clause 12 of House rule XXII, Kratovil Nadler (NY) Sestak consideration of the bill (H.R. 2346) I move that meetings of the conference Lamborn Napolitano Shadegg making supplemental appropriations between the House and the Senate on Lance Neal (MA) Shea-Porter for the fiscal year ending September 30, Langevin Neugebauer Sherman S. 454 may be closed to the public at Larsen (WA) Nunes Shimkus 2009, and for other purposes, which was such times as classified national secu- Larson (CT) Nye Shuler referred to the House Calendar and or- rity information may be broached, pro- Latham Oberstar Shuster dered to be printed. LaTourette Obey Simpson vided that any sitting Member of Con- Latta Olson Sires f gress shall be entitled to attend any Lee (NY) Ortiz Skelton b 1800 meeting of the conference. Levin Pallone Slaughter The SPEAKER tempore. Pursuant to Lewis (CA) Pascrell Smith (NE) REMOVAL OF NAME OF MEMBER Lewis (GA) Pastor (AZ) Smith (NJ) AS COSPONSOR OF H.R. 874 clause 12 of rule XXII, the motion is Linder Paul Smith (TX) not debatable, and the yeas and nays Lipinski Paulsen Smith (WA) Mr. SARBANES. Mr. Speaker, I ask are ordered. LoBiondo Payne Snyder unanimous consent that my name be The vote was taken by electronic de- Loebsack Pence Souder Lofgren, Zoe Perlmutter Space removed as a cosponsor of H.R. 874. vice, and there were—yeas 409, nays 11, Lowey Perriello Spratt The SPEAKER pro tempore (Mr. not voting 13, as follows: Lucas Peters Stearns QUIGLEY). Is there objection to the re- [Roll No. 254] Luetkemeyer Peterson Stupak quest of the gentleman from Maryland? Luja´ n Petri Sullivan YEAS—409 Lummis Pingree (ME) Sutton There was no objection. Abercrombie Carnahan Frank (MA) Lungren, Daniel Pitts Tauscher f Ackerman Carney Franks (AZ) E. Platts Taylor Aderholt Carson (IN) Frelinghuysen Lynch Poe (TX) Teague APPOINTMENT OF MEMBER TO Adler (NJ) Carter Fudge Mack Polis (CO) Terry BOARD OF TRUSTEES OF THE IN- Akin Cassidy Gallegly Maffei Pomeroy Thompson (CA) STITUTE OF AMERICAN INDIAN Alexander Castle Garrett (NJ) Maloney Posey Thompson (MS) Altmire Castor (FL) Gerlach Manzullo Price (GA) Thompson (PA) AND ALASKA NATIVE CULTURE Andrews Chaffetz Giffords Marchant Price (NC) Thornberry AND ARTS DEVELOPMENT Arcuri Chandler Gingrey (GA) Markey (CO) Putnam Tiahrt Austria Childers Gohmert Markey (MA) Quigley Tiberi The SPEAKER pro tempore. Pursu- Baca Clarke Gonzalez Marshall Radanovich Tierney ant to 20 U.S.C. 4412, and the order of Bachmann Clay Goodlatte Massa Rahall Titus the House of January 6, 2009, the Chair Bachus Cleaver Gordon (TN) Matheson Rangel Tonko announces the Speaker’s appointment Baird Clyburn Granger Matsui Rehberg Towns Baldwin Coble Graves McCarthy (CA) Reichert Tsongas of the following Member of the House Barrett (SC) Coffman (CO) Grayson McCarthy (NY) Reyes Turner to the Board of Trustees of the Insti- Barrow Cohen Green, Al McCaul Richardson Upton tute of American Indian and Alaska Bartlett Cole Green, Gene McClintock Rodriguez Van Hollen Barton (TX) Conaway Griffith McCollum Roe (TN) Visclosky Native Culture and Arts Development: Bean Connolly (VA) Grijalva McCotter Rogers (AL) Walden Mr. LUJA´ N, New Mexico Becerra Conyers Guthrie McGovern Rogers (KY) Walz f Berkley Cooper Gutierrez McHenry Rogers (MI) Wamp Berman Costa Hall (NY) McHugh Rohrabacher Wasserman SPECIAL ORDERS Berry Costello Hall (TX) McIntyre Rooney Schultz Biggert Courtney Halvorson McKeon Ros-Lehtinen Watson The SPEAKER pro tempore. Under Bilbray Crenshaw Hare McMahon Roskam Watt the Speaker’s announced policy of Jan- Bilirakis Crowley Harman McMorris Ross Weiner uary 6, 2009, and under a previous order Bishop (GA) Cuellar Harper Rodgers Rothman (NJ) Welch Bishop (NY) Culberson Hastings (FL) McNerney Roybal-Allard Westmoreland of the House, the following Members Bishop (UT) Cummings Hastings (WA) Meek (FL) Royce Wexler will be recognized for 5 minutes each. Blackburn Dahlkemper Heinrich Meeks (NY) Ruppersberger Whitfield f Blunt Davis (AL) Heller Melancon Rush Wilson (OH) Boccieri Davis (CA) Hensarling Mica Ryan (OH) Wilson (SC) The SPEAKER pro tempore. Under a Boehner Davis (IL) Herger Michaud Ryan (WI) Wittman previous order of the House, the gen- Bonner Davis (KY) Herseth Sandlin Miller (FL) Salazar Wolf tleman from Texas (Mr. POE) is recog- Bono Mack Davis (TN) Higgins Miller (MI) Sanchez, Loretta Wu Boozman Deal (GA) Hill Miller (NC) Sarbanes Yarmuth nized for 5 minutes. Boren DeFazio Himes Miller, Gary Scalise Young (AK) (Mr. POE of Texas addressed the Boswell DeGette Hinchey Minnick Schakowsky Young (FL) House. His remarks will appear here- Boucher Delahunt Hinojosa after in the Extensions of Remarks.) Boustany DeLauro Hirono NAYS—11 Boyd Dent Hodes f Brady (PA) Dicks Hoekstra Blumenauer Johnson (IL) Speier Brady (TX) Dingell Holden Ellison Kucinich Waters RECOGNIZING BRADY PLAN’S 20TH Braley (IA) Doggett Holt Filner Lee (CA) Woolsey ANNIVERSARY Bright Donnelly (IN) Hoyer Honda McDermott Broun (GA) Doyle Hunter The SPEAKER pro tempore. Under a Brown (SC) Dreier Inglis NOT VOTING—13 previous order of the House, the gentle- Brown, Corrine Driehaus Inslee Brown-Waite, Duncan Issa Diaz-Balart, L. Miller, George Stark woman from Wyoming (Mrs. LUMMIS) is Ginny Edwards (MD) Jackson (IL) Diaz-Balart, M. Murtha Tanner recognized for 5 minutes. Buchanan Ehlers Jackson-Lee Edwards (TX) Olver Vela´ zquez Mrs. LUMMIS. Mr. Speaker, I rise Farr Sa´ nchez, Linda Burgess Ellsworth (TX) Waxman today to recognize the 20th anniversary Burton (IN) Emerson Jenkins Israel T. Butterfield Engel Johnson (GA) of the Brady Plan and in honor of Buyer Eshoo Johnson, E. B. former Treasury Secretary Nicholas b 1758 Calvert Etheridge Johnson, Sam Brady. The Brady Plan launched a new Camp Fallin Jones Campbell Fattah Jordan (OH) So the motion was agreed to. era of growth, development, and cap- ital market access for emerging mar- Cantor Flake Kagen The result of the vote was announced Cao Fleming Kanjorski ket economies. as above recorded. Capito Forbes Kaptur While Brady Bonds themselves have Capps Fortenberry Kennedy Capuano Foster Kildee A motion to reconsider was laid on been largely superseded by newer in- Cardoza Foxx Kilpatrick (MI) the table. struments, the Brady Plan encouraged

VerDate Nov 24 2008 02:58 May 14, 2009 Jkt 079060 PO 00000 Frm 00062 Fmt 7634 Sfmt 0634 E:\CR\FM\K13MY7.124 H13MYPT1 rfrederick on PROD1PC67 with HOUSE May 13, 2009 CONGRESSIONAL RECORD — HOUSE H5551 many emerging market countries to Let’s start with why the Brady Plan was Brazil, and Argentina alone. The plan broke adopt and pursue ambitious economic called the Brady Plan. We had been negoti- the debt gridlock and opened the door for reform programs which have been in- ating with Mexico since March 1989 under economic growth and social development in strumental in the progress achieved the rubric of what we called ‘‘the new debt Latin America after the lost decade of the strategy.’’ In July, while we were in Paris for 1980s. And it created a new asset class: pub- during the last 20 years. the Group of Seven Summit, we had a major licly traded sovereign debt—Brady Bonds— On April 25, I attended a commemo- breakthrough with Mexico. When President that grew to exceed half a trillion dollars. rative dinner in honor of Nicholas Bush, No. 41, held the traditional end-of- The process bought time, and the bonds Brady and his many accomplishments. summit press conference before 1,000 report- helped to provide funds to developing nations As Secretary of the Treasury under ers, one journalist asked the president if he in exchange for long-lasting reforms by the President George H.W. Bush, Mr. was going to call the new strategy the Bush participating countries. BRADY was instrumental in resolving Plan. He didn’t miss a beat before answering, A second initiative the Bush 41 administra- Latin American debt problems. ‘‘No, we’re going to call it the Brady Plan. tion had to undertake was to reconstitute I was honored to hear Mr. Brady Then if it works, we’ll call it the Bush the savings and loan industry and the real- Plan.’’ The audience erupted into laughter, estate market it financed—a problem not of speak on the current economic crisis and the president, with his marvelous sense President Bush’s making. We created the and credit crunch, as well as present of humor, repeated the line so many times in Resolution Trust Corporation to take over his proposal for reform. As he stated, the following days that the name stuck. some 750 insolvent savings banks, which re- we must have boldness, clarity, and de- There are uncanny parallels between the introduced vibrancy into the real-estate termination today, just as they did in situation we find ourselves in today and the market. In order to do this, we had no choice 1989 in order to build prosperity out of one the Bush administration confronted a but to seek funding from Congress and un- this crisis. generation ago. We faced a three-pronged dergo the intense political criticism that International economic experts who crisis, including the credit markets, the real- came with it. So we took the heat and moved estate market, and the budget just as the on to solve the problem. Leadership can be attended the dinner praised Mr. Obama administration does now. So it may painful. The final tab for cleaning up the BRADY’s work, while also noting how be useful to recall the issues and challenges S&L mess was $165 billion, including what important trust, integrity, and per- of the late ’80s and early ’90s as we try to re- was spent before we arrived. While this is not sonal relationships are in formulating solve current problems and move into the fu- trivial, it didn’t come close to estimates by global policy. The same is true today. ture. businesses, politicians, and the media, which Our actions today to solve the eco- First of all there was a serious LDC debt estimated that it would cost us $500 billion. nomic crisis cannot and should not be crisis. It’s easy to forget that in 1988 our I’ve been asked a number of times what re- done in haste. The politically charged banking system was in dire straits because versed that era’s negative thinking—and environment of Congress makes the the commercial banks held billions of dollars when. My firm conclusion is that it subsided of loans in countries whose economic pros- creation of effective long-term policy in direct proportion to the weekly successful pects had ground to a halt. Three weeks into results recorded by the RTC to close the extremely difficult. Consequently, Mr. my job as Treasury secretary, the late Gus- bankrupt S&Ls, gather up the real estate BRADY’s remarks supported the cre- tavo Petricioli, then Mexico’s ambassador to they held, and sell it promptly into the mar- ation of an independent commission, to the United States, called for an urgent meet- ket. find the root cause of our economic sit- ing at the Treasury department to tell me Third, in a major contrast to today, we set uation and to propose reforms to our fi- that Mexico was threatening to default on about to reign in escalating spending by the nancial system. its international bank loans. Talk about re- U.S. government, which was, for that day I support such a bipartisan commis- ality. It didn’t take much imagination to and age, clearly out of control. The Budget sion. As Mr. BRADY stated, ‘‘It is vital grasp that if Mexico took that route then a Act of 1990 established binding caps on the not just that far-reaching, complex re- string of Latin American economies likely amount that Congress could spend on discre- would follow and that a volatile region tionary items. It was easy to see—and it was form of the financial system be pursued would move from chaos to danger. easy for me to recommend—that that’s what prudently but in a bipartisan manner Clearly a new approach was needed. For the country needed. But President Bush, who in order to gain national support. After several years before I got to the Treasury, had uttered the famous words, ‘‘No new all, the purpose is to revive public con- people had come in with various papers and taxes,’’ in his 1988 election campaign, said to fidence in the system itself.’’ solutions, all aimed at alleviating the debt me more than once, ‘‘The trouble with you, I was disappointed to see the Finan- overhang, but none really accomplished that. Brady, is that you never ran for sheriff.’’ The cial Markets Commission in S. 386, the In a huge stroke of good fortune, I inherited record should be clear that George Bush Fraud Enforcement and Recovery Act, two brilliant people at Treasury—David fully grasped the political ramifications of pass the House with a makeup of six Mulford and Charles Dallara—and the first designing this legislation, but he decided it thing we did was to write a paper that came Democrats and four Republicans. That was the right thing to do for the country. to be known as the ‘‘Truth Serum Paper.’’ And while the Budget Act probably contrib- is why last week I opposed this com- We worked days, nights, and weekends to es- uted to his reelection defeat in 1992, it was mission while at the same time agree- tablish a detailed description of the prob- an essential building block for the decade of ing to cosponsor H.R. 2111, the Congres- lems we faced, of what the fundamental re- economic growth that followed. sional Commission on Financial Ac- alities were. No troublesome obstacle was People constantly tell me that the prob- countability and Preparedness Act of passed over. Among the indisputable points lems we’re dealing with today are much 2009. H.R. 2111’s commission will have we laid out were that new money commit- more complex than those we faced 20 years two members appointed from each side ments had dried up in the past 12 months and ago. Maybe. Maybe not. The issues didn’t of the aisle and a mutually agreed upon that many banks were negotiating private feel simple to us back then, just as I’m sure sales of LDC paper at steep discounts while they don’t feel simple to Secretary Tim fifth member to chair. This is true bi- maintaining their claim on the countries Geithner and his associates at the Treasury partisanship and is what is needed to that the loans were still worth 100 cents on now. find the real root causes and solutions the dollar. There were more, and they were I won’t spend a lot of time tonight trying to our financial crisis. equally sobering. to assign blame for the current crisis; I’ve I hope that submitting Mr. Brady’s We used these irrefutable facts as a start- been gone from Wall Street too long. In speech for the RECORD will spark a de- ing point in all subsequent meetings. Our broad strokes I would say that when I came bate in Congress over the necessity for rule was that no suggestions were permitted to Wall Street in 1954, it was a profession, a bipartisan commission and how we, to be discussed if they didn’t accept the one that financed the building of this coun- Truth Serum. They were off the table. Good- try’s industrial capacity and infrastructure. as a Nation, will move forward. bye. Don’t waste time. Year by year, however, the industry’s em- APRIL 25, 2009. I felt that the solution to too much debt phasis has moved away from that purpose 20TH ANNIVERSARY OF THE BRADY PLAN was not more debt but less. From there, you and toward financial innovation for financial (By Nicholas F. Brady) know the rest: we persuaded the inter- profit’s sake. Of course, many banks have WASHINGTON, DC.—Good evening. I’d like national commercial banks—at first with served their clients well and their hard work to thank Charles Dallara and the IIF for or- great difficulty—to write down the stated has been a positive factor. Nevertheless, the ganizing this gathering of old and new value of the loans on their books to some- U.S. Department of Commerce figures show friends to celebrate the 20th anniversary of thing close to market value in exchange for that from 1980 to 1982, the financial sector the Brady Plan. Although I’ve been given the that lesser amount of host-country bonds accounted for an average of 9.1 percent of honor of speaking, I’d like to note that a backed by U.S. zero-coupon Treasuries. The U.S. total corporate profits. By 2005 to 2007 great many of you here tonight share the Brady Plan was achieved at a negligible cost that three-year average had more than tri- credit for making the Brady Plan a success. to the U.S. government. Yet it led to the re- pled, to 28.6 percent. And I want to thank you all of you who have structuring, for example, of more than $100 The particulars of today’s collapse in judg- spoken so generously. billion of foreign bank debt for Mexico, ment and common sense have been laid out

VerDate Nov 24 2008 02:58 May 14, 2009 Jkt 079060 PO 00000 Frm 00063 Fmt 7634 Sfmt 0634 E:\CR\FM\K13MY7.129 H13MYPT1 rfrederick on PROD1PC67 with HOUSE H5552 CONGRESSIONAL RECORD — HOUSE May 13, 2009 in chapter and verse, so just I’ll say briefly, order would dictate that we tend to our own called for an inquiry similar to the Pecora first, that the whole notion that risk can be backyard before trying to gain consensus Commission held in the early 1930s that gave measured by a mathematical formula is with 19 other countries. rise to that generation’s new securities laws. based on the illusion of reality. Second, the As I see it, we have two choices. The first It takes me back. My first assignment as a desire for the improved returns generated by is to repair the current system, which is new hire at Dillon Read in 1954, where I high leverage led the purveyors of this risk made of deposit-taking institutions on the stayed for the next 35 years, was to read the to push it beyond any reasonable boundaries. one hand and what’s known as the shadow volume on securities from the Pecora find- But while assigning villainy to CEOs of banking system, or non-bank financial insti- ings as an explanation for why we did things banks and other institutions may be high tutions, on the other. Under this approach, the way we did. theater, playing to our country’s justifiable we would subject the entire group to one This country has had a long and important anger is counterproductive. There are many large, all-seeing regulatory system. Doing so history of independent commissions aimed good people in the industry, people who in- would be enormously complicated, and the at laying the groundwork for solutions to evitably will—and should—be called on to more complicated the regulatory system the national problems of huge moment. Inde- work through the malfunctions in the sys- less effective the regulation. In my opinion pendent is the key word. Such commissions, tem. The political process should con- it is a bridge too far. which call on people with deep knowledge of centrate now on how to fix the financial sys- We need a stronger identity of purpose be- the underlying problem, have had as their tem and let the country’s legal arm ferret tween the regulators and the businesses sub- precept exposing fundamental realities. It’s out and deal with the wrong doers. ject to regulation beyond mere adherence to unfathomable why such a suggestion has A core issue today is that the government the law. My own view is that in addition to been so long in coming, except to note that has yet to adequately describe the roots of too many regulators, there is the further commissions terrify the powers that be, both the financial crisis to its citizens and there- problem that the regulators did not use their inside and outside the government. If prop- fore to fully pinpoint its size. It’s been my existing powers. They could have halted the erly constituted, however, they bring to- experience that you can’t fix what you can’t growth of the excessive leverage but did lit- gether the best of the country’s thinkers and explain. This leads one to think that the so- tle. A culture of systemic risk awareness has thinking, and they’re often the only force lution lies in providing ringing clarity on to be developed, with clear guidelines to be that unifies the nation. I’ve been dismayed how the housing market burst, how the mar- followed regularly. to read that a number of lawmakers who say ket excesses spread beyond housing, how Equally important, we need a financial they’re for a commission nonetheless don’t these forces were fueled and then accelerated system that has untouchable safety and sur- want it to get in the way of acting now. by our outsized external imbalances, and, vivability as its main stem. This would re- That’s exactly backwards. In my view what with this knowledge, decide how markets move debate over whether any of its parts is we need is a rigorous debate and that takes can now be stabilized. too big to fail. After all, we’re talking about time. As the American writer and philoso- At the same time, it’s hard to see how our the people’s money. Is it operationally pos- pher Ralph Waldo Emerson once said, ‘‘Coun- national leaders have helped the country dig sible to combine the mechanics of the shad- sel to which time hath not been called, time out of its very real problems when they de- ow banking system, which has emphasized will not ratify.’’ value each public pronouncement with the gigantic leverage under-girded by The composition of the commission is caveat: ‘‘Remember, it’s not over yet.’’ stratospherically complex mathematical for- critically important: it can shape the whole Their caution reminds me of a story that mulae, with the principle of securing the outcome. It should have the word ‘‘inde- was told to me by a friend, Bob Kleberg, who people’s money? And as tempting as it is to pendent’’ in its title. I believe its chair or was the head of the King Ranch, the largest tinker with the present system instead of chairs should be appointed by the president ranch in the United States, about a college building a new one, is it the best we can do and that its expert membership should be ap- commencement ceremony in his hometown to prevent another crisis? pointed in equal numbers by the Democratic of Kingsville, Texas, during the worst of the I believe that we need a simpler system and Republican leadership of both houses of Great Depression. Bob had invited two centered on deposit-based banks. Under this Congress. It is vital not just that far-reach- speakers. One was an earnest Ivy League approach, individual accounts in the deposi- ing, complex reform of the financial system economist and the other was this country’s tory banks would continue to be protected be pursued prudently but in a bipartisan most famous cowboy-philosopher, Will Rog- up to $250,000 and these banks would have ac- manner in order to gain national support. ers. The economist, who spoke first, read a cess to the country’s central bank. These in- After all, the purpose is to revive public con- long and languorous speech about how bad stitutions would not be allowed to partici- fidence in the system itself. things were, leaving the roomful of 21-year- pate in markets involving inordinate lever- In conclusion, let me thank all of you for olds wondering if there was any hope to be age or equity transactions that would risk the great warmth of your reception. We can had about their prospects. The conclusion of their deposit-protecting charter. In contrast all agree that thanks to so many of you in his speech was met with nervous and polite to the current mode, when asked what their this room tonight, including Charles and applause, after which Will Rogers, who was primary purpose is, the banks’ chief execu- David, Bill and Pedro and Angel, that the sitting in the front row, literally vaulted up tives wouldn’t talk first about shareholder Brady Plan worked and that it indeed set the onto the stage. Facing the audience squarely return. Instead they would stand up and say: base for significant prosperity over the past he looked out and said just six words: ‘‘Live ‘‘Our institution’s primary purpose is to 20 years. I believe that if we can muster through it if you can.’’ Then he jumped off repay the depositors’ money. Of course this similar boldness, clarity, and determination the stage and returned to his seat. Terse, is not the institutions’ only purpose, and in- today, we can build prosperity from this cri- maybe. But they did live through it. novation within them as it relates to the sis and I look forward to working with you in And we will, too. So what should we do as asset side of the balance sheet should be en- this endeavor. couraged as long as they keep a weather eye the crisis abates? Here, there is real work to f be done. First we should just come out and on leverage and equity risks. say it: the financial system that led us to The highly innovative shadow banking sys- GUIDE ACT OF 2009 the brink of disaster is broken. tem with its mantra of lower transaction The SPEAKER pro tempore. Under a How do we proceed? costs, which would continue to introduce The first step would be to reduce the num- new concepts, would fund itself from the previous order of the House, the gentle- ber of and simplify the U.S. regulatory au- money markets and other sources but with- woman from California (Ms. ROYBAL- thorities, which include the Federal Reserve, out federal guarantees and access to Amer- ALLARD) is recognized for 5 minutes. the OCC, the FDIC, the OTS, the CFTC, the ica’s central bank. Institutions that cur- Ms. ROYBAL-ALLARD. Mr. Speaker, SEC, and state regulators too numerous to rently straddle the two funding markets I rise to introduce the GUIDE Act of list. The easiest part of this process is nam- would have to choose which type of business 2009 on behalf of millions of vulnerable ing them! Nowhere else in the world is the to pursue. I know this would provoke the im- individuals known as dual eligibles, implementation of banking authority so dif- mediate cry that the financial system would who are faced with critical and essen- fuse, and the choices they present to the gov- be further pinched and credit would further tial decisions on which drug plan and erned result in regulatory shopping for the shrink. My answer is that any deposit-gath- softest touch. Be forewarned: each one of ering system with a $250,000 guarantee from pharmacy will provide the medications these organizations has a protector in Con- the U.S. government and access to the cen- they need to survive. gress, and it will take a thunderbolt from tral monetary authorities would get all the Seven million Americans are duly en- the White House and Congress to reorganize deposits it needed to provide a vibrant credit rolled in Medicaid due to low income and streamline them. Tough as it will be, the system. levels and Medicare because of their necessity is apparent to all, both here and Admittedly, ironing out the details of such age or disability. Almost 40 percent are abroad. a vastly complicated system is a task of the cognitively impaired. These are people The next step after marshaling the regu- highest order, but I believe it is attainable. with mental retardation, mental ill- latory authorities is to move on to the bank- You may have noticed that the Senate voted ing institutions themselves. Of course we this week to create an independent commis- ness, autism and dementia. Over 75 per- must be attendant to the fact that markets sion to examine the root causes of the eco- cent have one or more functional limi- are international and by definition inter- nomic collapse and provide a blueprint for tations such as problems eating, bath- related and interdependent. Yet a sense of the future, and the Speaker of the House ing, dressing, and managing money.

VerDate Nov 24 2008 03:43 May 14, 2009 Jkt 079060 PO 00000 Frm 00064 Fmt 7634 Sfmt 0634 E:\CR\FM\A13MY7.061 H13MYPT1 rfrederick on PROD1PC67 with HOUSE May 13, 2009 CONGRESSIONAL RECORD — HOUSE H5553 Prior to the passage of the Medicare MAKING HUMAN SPACE FLIGHT A gram came to an end, and it came Modernization Act, which established PRIORITY abruptly, I and many of my fellow col- the Medicare part D prescription drug The SPEAKER pro tempore. Under a leagues, some of the brightest minds in program, dual eligibles received their previous order of the House, the gen- the world, excepting me, of course, medications by simply taking their tleman from Florida (Mr. POSEY) is rec- were given pink slips. prescriptions and their Medicaid card ognized for 5 minutes. Mr. Speaker, Monday’s launch rep- to a pharmacy of their choice and pay- Mr. POSEY. Mr. Speaker, on Monday resents one thing that the United ing a nominal fee. I had the great privilege of watching States is undeniably, unequivocally, With the passage of part D, this sim- the launch of the Space Shuttle and universally respected for around ple process changed and dual eligibles Atlantis at Kennedy Space Center. the globe. Friends and foes alike ac- were required to pick a plan from the As a resident of Brevard County, knowledge that the United States of new program or be automatically and Florida, it is an experience of which I America is truly the leader in space. So it is astonishing to me that we are randomly enrolled in one. will never tire, and one which I ear- so near the brink of yielding this mili- Unfortunately, due to the life chal- nestly encourage everyone to see, espe- cially Members of Congress and the tary and economic high ground to Rus- lenges faced by these cognitively im- sia or China, or someone else. Let us paired individuals, their attempt to President, while they still can. While we have the grandeur of Mon- bear in mind that the Chinese are not navigate the array of complex prescrip- going to the moon solely to collect tion drug plans was overwhelming with day’s launch fresh in our minds, I find the proposed NASA budget very dis- moon rocks. regrettable consequences. History has shown a progression in appointing. The budget plan essentially regards to our security, which we ig- Many mistakenly chose or were en- flatlines NASA’s budget for the next 5 nore at our own peril. It started back rolled in plans that presented obstacles years and appears to spawn an abrupt in Old Testament times when whoever including: prohibited copays, limited end to the space shuttle in 2010. Wash- could wield the biggest bone controlled formularies, and medication exclu- ington is spending trillions of dollars the security of the land. And then who sions. on other programs, but has not seen fit could muster the biggest army, and Their lack of access to prescribed to make human space flight a priority medications has been linked to serious then who could get the straightest at this time. spears and strongest shields. adverse events, including increased NASA will attempt to complete the emergency room visits and hospitaliza- remaining flights of the space station b 1815 tions. manifest in 2010 within the constraints And then, whoever had the strongest To eliminate these access problems, of its budgetary strait jacket. However, Navy—you know, Sweden and Spain, I, together with the gentleman from any flights that extend beyond Sep- the greatest powers in the world. And Texas (Mr. SESSIONS), have introduced tember 2010 will be funded by bor- then in World War I, whoever could the Guidance, Understanding and Infor- rowing money from the next genera- build the most mechanized army, that mation for Dual Eligibles Act, or the tion vehicle, the Constellation, under could build the most tanks determined GUIDE Act. the just released 2010 budget plan. The how secure the world would be. And in The GUIDE Act addresses the life- plan is unacceptable to me, and I hope World War II, it was the Air Force; threatening issue by establishing a it is unacceptable to you and my other whoever controlled the air would con- pilot program where experienced social colleagues. trol the security of this world. And Also disappointing is the proposed workers and case managers will pro- today, it’s space; whoever controls open-ended review of the shuttle’s suc- vide dual eligibles with one-on-one space will control what security there cessor and the fact it was not begun counseling for Medicare part D in their will be on this Earth. months ago. Time is of the essence as Today, conflict between nations has community mental health centers and critical decisions are being made today also evolved beyond bayonets, bullets community nonprofit centers. that will impact NASA for the next and bombs; we are in an economic war This program will benefit this group several decades. of survival. I fear that many take our of vulnerable Americans by ensuring America’s space shuttle only has position for granted and assume that tangible access to the medications they eight, possibly nine more launches. our prosperity will continue indefi- so badly need to live healthy and pro- After that, many of the world’s great- nitely into the future because we have ductive lives. In addition, this program est engineers and technicians will be been so blessed with prosperity thus will benefit all Americans by reducing laid off from their jobs, and American far. the social and economic costs associ- taxpayers will pay Russians hundreds The President has said he wants half ated with lack of access to essential of millions, if not billions, of dollars to of our Nation’s GDP to come from medications. take American astronauts to the inter- high-tech, and as you know, you can’t Mr. Speaker, the GUIDE Act is an national space station. get any more high-tech than space. We important bill that will provide one of This ironic arrangement is likely to take for granted the countless spinoffs the most vulnerable groups in our soci- last for a minimum of 3 years, and like- and inventions from NASA, which has ety with the information, guidance, ly longer, until the next generation issued over 6,000 patents. NASA’s and understanding they need to suc- launch vehicle comes online. Various ‘‘spinoff database’’ lists over 1,600 cessfully choose the Medicare part D memos and budget blueprints in Wash- items since 1976. Farmers rely on their prescription drug plan that meets their ington may portray this arrangement weather satellites. We all rely on GPS health care needs for survival and a with the Russians as an unwelcome ne- now. We don’t give a second thought to healthier and better quality of life. cessity, but it has become a necessity the use of our cell phones or our Black- On behalf of the millions of cog- only due to a lack of America’s prior- Berrys, our laptops, or even Velcro for nitively disabled and mentally ill ities. that matter. I can remember when a Americans who live in all of our dis- It is wishful thinking on bureau- computer processor used to take up an tricts, I strongly urge my colleagues to cratic whiteboards that America can entire room. Now, for $5 you can go cosponsor and support the GUIDE Act. lay off this invaluable workforce and 3 down to Wal-Mart and get a little cal- years or more later expect to regroup culator that will fit in your wallet and them and rebrand them in the shuttle’s f do the same things. successor program. Mr. Speaker, nothing represents the The SPEAKER pro tempore. Under a The transition is unlikely to seam- future and what is possible for man- previous order of the House, the gen- less, and I speak from experience. In kind more than space. The future is tleman from North Carolina (Mr. my younger days, I worked on the not yet written. We have not yet JONES) is recognized for 5 minutes. Apollo 11 program. I had the best job in reached the point of no return. The (Mr. JONES addressed the House. His the whole world that anyone my age NASA budget is not etched in stone. remarks will appear hereafter in the could possibly have: inspecting rockets We can make the right decisions to re- Extensions of Remarks.) bound for the moon. But when the pro- duce the space gap, minimize the loss

VerDate Nov 24 2008 03:43 May 14, 2009 Jkt 079060 PO 00000 Frm 00065 Fmt 7634 Sfmt 0634 E:\CR\FM\K13MY7.130 H13MYPT1 rfrederick on PROD1PC67 with HOUSE H5554 CONGRESSIONAL RECORD — HOUSE May 13, 2009 of our shuttle workforce, and move back into civilian life and the work- Furthermore, current restrictions ahead with the shuttle’s successor. force when they return home. maintain that U.S. taxpayer funds to These objectives are compatible, desir- Some members of the military were the U.N. Relief and Works Agency, able, and overlap with the President’s told that their service would last a cer- UNRWA, which administers aid to Pal- stated intentions to strengthen tech- tain amount of time, and then they estinian refugees, may not be used or nology as our economic base. were told that they would be ‘‘stop- diverted to fund terrorism or any ac- In conclusion, I call on the leaders of lossed’’—that means that their tour tivities of a terrorist group. I would this body to revamp the NASA budget would be extended. To me, this shows a urge the State Department to ensure and to think about the implications certain amount of disrespect for those that these restrictions are followed in should we travel down the path as cur- who put on the uniform. It was a dif- both the letter and the spirit of the rently set. America can do better, and ficult decision to ask them to go back, law, and to remain absolutely vigilant future generations of Americans de- but there also needs to be a sense of in investigating any possible infrac- serve better. fairness on how they’re compensated tions. f for that. It doesn’t help their readiness Finally, I would like to continue to or our readiness for our national secu- The SPEAKER pro tempore. Under a bring attention to the cause of Gilad rity to have low morale among our previous order of the House, the gentle- Shalit, who remains captive by Hamas. troops. That is why I am very proud He was kidnapped in 2006. I urge all in- woman from California (Ms. WOOLSEY) that this supplemental retroactively is recognized for 5 minutes. terested parties, including Egypt, to pays servicemembers and veterans $500 (Ms. WOOLSEY addressed the House. use their influence to ensure his safe for every month that they’ve served Her remarks will appear hereafter in return. Though not included in the leg- under stop-loss orders since 2001. This the Extensions of Remarks.) islative language, I urge the State De- is long overdue, and it’s the right thing partment to make it clear to all aid re- f to do. cipients of this bill that Gilad’s return IN SUPPORT OF 2009 Our troops in Afghanistan will also remains a foreign policy priority. SUPPLEMENTAL BILL be safer if we find regional solutions; Mr. Speaker, I conclude and ask for that will include strengthening our this legislation to be adopted by this The SPEAKER pro tempore. Under a current initiatives in Pakistan. Re- House to send a strong message to our previous order of the House, the gen- cently, General Petraeus, who is doing troops. tleman from Florida (Mr. KLEIN) is rec- an excellent job for us, came to Palm f ognized for 5 minutes. Beach County in Florida in my dis- Mr. KLEIN of Florida. Mr. Speaker, I The SPEAKER pro tempore. Under a trict. We talked about it, and he told previous order of the House, the gen- rise today to lend my strong support me—and I think we all understand this, for the supplemental aid funding that tleman from Indiana (Mr. BURTON) is as members of the Foreign Affairs recognized for 5 minutes. the House will be considering this Committee, that Pakistan and Afghan- week. This bill represents account- (Mr. BURTON of Indiana addressed istan have become a single threat and the House. His remarks will appear ability to the taxpayers and a robust a single issue because of this threat. commitment to our national security hereafter in the Extensions of Re- Training the Pakistani security marks.) and stability around the world. forces to confront the Taliban will help In December, I had the privilege of the Pakistani Government regain its f visiting with our troops and military foothold and prevent it from being a The SPEAKER pro tempore. Under a leaders in Afghanistan. I met with failed state, which is an unacceptable previous order of the House, the gen- Americans who are doing incredible threat to us and the region. This could tleman from Oregon (Mr. DEFAZIO) is work to help the Afghani people take not be more urgent. Our aid must com- recognized for 5 minutes. ownership of their economy and pro- municate security priorities, including (Mr. DEFAZIO addressed the House. vide security in their neighborhoods. the Pakistani Government’s assurances His remarks will appear hereafter in The administration’s plan for re- to safeguard the border of Pakistan the Extensions of Remarks.) focusing our attention on Afghanistan and Afghanistan, and also to secure the f incorporates both the U.S. military nuclear facilities and weapons that The SPEAKER pro tempore. Under a component but also builds up training they have. previous order of the House, the gen- for the Afghan military and police, Lastly, I would like to touch upon tleman from Kansas (Mr. MORAN) is government reforms, funding for eco- how the supplemental aid bill treats recognized for 5 minutes. nomic development, and training of the aid to the Middle East. (Mr. MORAN of Kansas addressed the Afghan people to grow alternative President Obama, Secretary Clinton, House. His remarks will appear here- crops and build roads and irrigation and Special Envoy Mitchell have pro- after in the Extensions of Remarks.) systems. vided U.S. leadership in the region to f I want to ensure that our troops in advance the causes of peace and secu- The SPEAKER pro tempore. Under a Afghanistan are as safe as possible. rity. However, the engagement would previous order of the House, the gentle- Therefore, I’m proud to support the fis- become more difficult if the Palestin- woman from California (Ms. WATSON) is cal 2009 supplemental bill which in- ians were to form a national unity gov- recognized for 5 minutes. cludes $2.2 billion more than requested ernment, including Hamas. (Ms. WATSON addressed the House. for mine-resistant, ambush-protected I support our current policy—no aid Her remarks will appear hereafter in vehicles to protect our troops. Not only to terrorist organizations, no aid to the Extensions of Remarks.) is it imperative that we provide serv- any group that incites violence, pro- icemembers everything they need to motes and implements terrorist at- f complete their mission safely, we must tacks, and kidnaps young men without The SPEAKER pro tempore. Under a also provide them with everything they regard to human rights. This bill that previous order of the House, the gen- have earned upon their return to civil- we’re considering is clear: no aid to tleman from Georgia (Mr. GINGREY) is ian life. Hamas. recognized for 5 minutes. Our troops and their families have In the event that a unity government (Mr. GINGREY of Georgia addressed given everything to this mission. We denounces violence, abides by PLO and the House. His remarks will appear know that some of our troops have PA agreements, and recognizes Israel hereafter in the Extensions of Re- missed family milestones, others have as a Jewish state, then we can start the marks.) suffered financial setbacks, and many conversation about aid. In that case, f others have experienced psychological according to this bill, if the President The SPEAKER pro tempore. Under a trauma. This bill provides for expanded can certify that these conditions have previous order of the House, the gen- counseling services, state-of-the-art been met, then aid can be released to tleman from Nebraska (Mr. equipment for our wounded warriors, the unity government and only under FORTENBERRY) is recognized for 5 min- and funds to reintegrate our troops those circumstances. utes.

VerDate Nov 24 2008 02:58 May 14, 2009 Jkt 079060 PO 00000 Frm 00066 Fmt 7634 Sfmt 0634 E:\CR\FM\K13MY7.133 H13MYPT1 rfrederick on PROD1PC67 with HOUSE May 13, 2009 CONGRESSIONAL RECORD — HOUSE H5555 (Mr. FORTENBERRY addressed the Now, the justification for this very Now there were statements made House. His remarks will appear here- large tax increase is the popular sub- today that say that there is complete after in the Extensions of Remarks.) ject of global warming, or climate agreement that we have global warm- f change, or whatever. And that is the ing and all of the major scientists all The SPEAKER pro tempore. Under a general idea that mankind is making agree and the time for debate is over. previous order of the House, the gentle- CO2—that’s the product of burning Particularly, I’m quoting, in 1992, woman from Ohio (Ms. KAPTUR) is rec- something. When you burn something, going back to ’92, Al Gore made this ognized for 5 minutes. the oxygen in the atmosphere combines statement, quote, Only an insignificant (Ms. KAPTUR addressed the House. with the fuel and it makes CO2. It’s the fraction of scientists deny the global Her remarks will appear hereafter in bubbles in soda pop. So we drink CO2, warming crisis. The time for debate is the Extensions of Remarks.) as a matter of fact. And in a sense, the over. soda pop manufacturer is sequestering Let’s do this quote again. 1992, Al f the CO2 in bottles of soda pop and you Gore says, ‘‘Only an insignificant frac- The SPEAKER pro tempore. Under a are letting it loose when you open the tion of scientists deny the global previous order of the House, the gen- can. Anyway, the theory is that CO2 is warming crisis. The time for debate is tleman from Pennsylvania (Mr. the culprit, and therefore we have to over.’’ Yet in that same year a Gallup SESTAK) is recognized for 5 minutes. reduce the amount of CO . And so this poll said that 53 percent of scientists (Mr. SESTAK addressed the House. 2 tax is being justified to reduce CO2 so involved—these are the scientists that His remarks will appear hereafter in the planet won’t burn up. That’s the are involved in the climate change de- the Extensions of Remarks.) fast version of it. bates and questions—only 53 percent of f So what I thought I would do this them didn’t agree that there was going The SPEAKER pro tempore. Under a evening is to give just a little bit of a to be global warming, 30 percent previous order of the House, the gen- historic perspective because sometimes weren’t sure, and only 17 percent be- tleman from North Carolina (Mr. when you go into one of these debates, lieved that global warming had begun MCHENRY) is recognized for 5 minutes. it’s interesting to take a look and see, in the year 1992. (Mr. MCHENRY addressed the House. you know, are we the first people that Moving closer to our own time pe- His remarks will appear hereafter in have ever been talking about this, or is riod, just last year you have in The the Extensions of Remarks.) there a historic perspective of some Wall Street Journal a report by an MIT professor, Richard Lindzen, says—this f kind on it? And I found that the his- toric perspective here is somewhat is his quote, There is no consensus on CAP-AND-TRADE amusing and kind of interesting. So global warming. The SPEAKER pro tempore. Under I’m going to take you back to the year Now when he made that statement, the Speaker’s announced policy of Jan- 1920. At that time, in 1920, the news- boy, did he get beat up. All the media uary 6, 2009, the gentleman from Mis- papers were filled with scientific warn- and all kinds of people were all over souri (Mr. AKIN) is recognized for 60 ings of a fast-approaching glacial age. him saying, that was a reckless thing minutes as the designee of the minor- So in 1920, the scientists were saying to say that there’s no consensus on the ity leader. that the planet was going to get really subject, which led him, after he’d Mr. AKIN. Mr. Speaker, it is a pleas- cold, there was going to be glaciers taken a tremendous amount of polit- ure to join you this evening here in the running around all over, so we need to ical flak, to say that it seems that Chamber and talk for a while about be prepared for very wintry weather be- global warming is more of a political what I think a very interesting subject cause there are glaciers that are going issue than it is a scientific or technical to many, many Americans. If they’re to blow around. So that is 1920. one. And that was the professor from not interested in it now, they will be 1930s; the predominant scientists at MIT’s opinion in that regard. rapidly as this issue develops here in the time reversed themselves to the So that’s just to try to give us a lit- Washington, D.C. fact that in the near future there is tle bit of an introduction to obviously What we’re talking about is, most going to be what they called ‘‘serious what is a controversial question. Even specifically, the background on a thing global warming.’’ So from the twenties if global warming were widely believed that’s called cap-and-trade or cap-and- to the thirties, the scientists changed. to be true by scientists, then there are tax. And ‘‘cap-and-tax’’ is probably a In 1972, Time magazine cited numerous a whole series of other questions that have to be asked. Can we do anything better name for it because what we’re scientific reports of imminent ‘‘run- about it? Should we pass a huge and talking about is a very, very large tax away glacial activities.’’ So now we’ve massive tax increase? Is that nec- increase that is to be justified because gone from global warming to glacial essary? So that’s what we’re going to of the great danger, the imminent peril activities again in 1972. talk about. that is created by global warming—al- In 1975, Newsweek says, Scientific evidence of a great ice age, and we were We’re joined, as usual, by some really though that has now been called some- capable people that have taken some times ‘‘climate change,’’ or global being called to stockpile food, that maybe what we should be considering time to look into this issue, and I am warming, or other various names. And absolutely delighted to introduce one soon the Legislature is going to actu- doing was melting the ice packs, the icecaps at the North and South Poles of those to you now, and that is Con- ally be doing the debating and the vot- to try to stop this tremendous ice age gressman LATTA from Ohio. ing on this very, very large tax in- that was coming in 1972 and 1975. But Mr. LATTA. Congressman, thank you crease. in 1976, the U.S. Government says the very much for hosting this extremely Now, the President promised people Earth is headed into some sort of mini- important Special Order tonight on that there would be no one making ice age. cap-and-tax. It’s an issue that I think $250,000 or less who is going to get any every American had better learn about tax increases. But, unfortunately, this b 1830 quickly. tax increase hits all Americans; even So this was continued through the I did a teletown hall last night, and the average household will be paying seventies, and now we’ve gone back to we discussed it quite a bit because in thousands of dollars more. global warming. my area we’re hurting. Just to kind of The President promised that nobody So over a period of the last hundred give you a little bit of background on making $250,000 or less was going to get years or so, the major scientists—at my area, according to the National any tax increases. Well, we have seen least the ones that were talking out on Manufacturers Association, I represent that is not true, and particularly with this subject—have reversed themselves the largest manufacturing district in this cap-and-tax situation, the tax on three times. I think it gives us some the State of Ohio. Last summer I rep- all kinds of people in the country. In cause to be a little cautious before we resented the ninth largest in Congress, fact, every time you turn a light jump into a massive tax increase to but because of what’s happened with switch on, you would be paying a tax. deal with a problem that has been com- the economy and jobs, I now represent So I don’t think we can take the Presi- ing around for the last 100 years, either the 13th largest manufacturing district dent seriously on that promise. getting too hot or too cold. in Congress.

VerDate Nov 24 2008 02:58 May 14, 2009 Jkt 079060 PO 00000 Frm 00067 Fmt 7634 Sfmt 0634 E:\CR\FM\K13MY7.141 H13MYPT1 rfrederick on PROD1PC67 with HOUSE H5556 CONGRESSIONAL RECORD — HOUSE May 13, 2009 One of the things that we hear about, and many other heavy manufacturing look at right now is going back to the as you were talking about, is what we States, which is the backbone of a late seventies, early eighties into that are going to be doing about cap-and-tax major part of industry in America, you recession. But the United States, peo- in this country. It is something I think have, first of all, heavy industry or ple said, you know what, we’re going to the American people need to know, if it manufacturing, and that has the get out of that thing because we knew is something we need to have. In my unique characteristic that it uses a lot that those factories were going to start opinion, it will be something that will of electricity, some more so than oth- back up. But today we don’t know that destroy jobs across this country. ers. And you also have the unique char- because when I go through these fac- You know, the Chinese were asked acteristic that you’re burning a lot of tories, and they take me in and say, not too long ago, and it was reported in coal, and therefore, you will have to you know, we only have a third of our one of the Washington papers, what pay a whole lot of taxes on the energy factory running, or I hear today that about cap-and-trade? What were they that’s generated off of the coal. one large company might have 50 per- going to do about it? And they said, So you put those two things to- cent of their workforce laid off, a huge Well, you don’t understand the situa- gether, it says, now those businesses company. tion. We only produce it. You, the are no longer competitive because Mr. AKIN. Reclaiming my time, let’s United States, consume it. And if you they’re getting taxed more and more take a look. I have got a chart here. It hadn’t consumed it, we wouldn’t have and more on the profits that they’re was prepared along the lines of what produce it. So, therefore, you pay the making, which has the effect of making you’re saying. And this is the annual tax. those companies have an economic rea- increase of electric costs under the I think there is a real quick answer son to move somewhere else. And Obama cap-and-tax plan. So this is not where they are going to be coming that’s what you’re concerned with, is specific to your congressional district, from on this. If the United States that correct? but it is specific to your State, Ohio. wants to go it alone on this and say I yield. Mr. LATTA. Correct. that we’re going to put these standards Mr. LATTA. I thank the gentleman Mr. AKIN. And it is specific to other down on the American people, on for yielding. Again, you are absolutely States across the country. I don’t know American manufacturing, we’re in correct. whether or not it’s that clear because What will happen is this: I represent trouble. there’s different shades of green here, an area that manufactures. We have What we have to do is cast our eyes but this is increase per capita. General Motors. We have Chrysler. We across that pond and see what they did These are the States that are the make washing machines. We make fur- in Europe. They have what they called darkest green, and it’s an increase of niture. We make all kinds of things in leakage. That leakage occurred once over $1,500. That is a whale of a lot of my district. Brass fittings. But when they started putting in their cap-and- money for somebody to be picking up you implement this tax, this cost is trade policies, the next thing you knew in an increase in electric costs. Where going to be passed on from the utility was these companies started filtering is that coming out? Well, it’s coming in companies to the manufacturers. And out, leaking out, and then they started these States here and also, as you men- the next thing that will happen is, coming into the United States. tioned, Indiana, next door to you, and these companies are going to have a If we do this, we’re going to have over this way. You can see some of the very hard time competing within a companies say, we can’t afford it. We’ll States, and you’ve got the ones that global economy. are over $1,000 per capita. just move over. Because most of these I was in one of my district counties So this is a very big tax increase, and are multinational. They’ll move over several weeks ago and went into one of you can see a whole portion of the Mid- into the Pacific rim, and we’ll have the plants. They showed me two west is in that category. We’ve got more job losses. things. They said, this is the brass fit- quite a lot of them that are over $50. Mr. AKIN. So just see if I can under- ting that we make. This is the brass Now people may say, oh, my good- stand because you are giving us a lot of fitting that they make in China. You ness. Now Congressman AKIN, you are a information. It is very good stuff but know, for like 45 cents they can do it Republican, and you’re just trying to at a pretty rapid pace. over there, and it may cost us $3 or $4 scare people about the talk about, this So what you’re saying is that this big to make the same type of product here. tax that’s being proposed is going to The whole idea of putting cap-and- is going to be a big tax increase. But have an impact. You started by saying trade and raising this tax and passing here you have the words of our Presi- that you come from a district in the it on to the manufacturers, we’re not dent at a meeting of the editorial board State of Ohio, and that that was a very going to have any jobs left, not only in at the San Francisco Chronicle. This is big manufacturing district. So this is the 5th Congressional District but January 2008. He is very direct in what of particular interest to you. across the Midwest because with our he is saying, Under my plan of a cap- So the connection is that somehow heavy coal usage and with the number and-trade or a cap-and-tax system, this tax and all is going to really affect of manufacturing jobs. electricity rates would necessarily sky- those manufacturing jobs. That’s your The Heritage Foundation recently rocket. point, is that not so? put out a study. What they did was, That’s just what you’re saying, gen- Mr. LATTA. Absolutely. they looked at all 435 congressional tleman. It’s going to skyrocket in Mr. AKIN. And the reason of course districts. And what they said was, Ohio, but it’s going to skyrocket in a is why? Let’s flesh this out. I think it’s okay, we’re going to look at the num- lot of other States too. That will cost fairly obvious, but I will yield. ber of manufacturing jobs you have, money. They will pass that money on Mr. LATTA. Well, what you have to and now we’re going to also look at to consumers. do is look at this. What is this thing? how much power usage is from coal, et Now a guy from MIT took a look at We’re talking about carbon, carbon cetera, going right down to natural gas what they thought that would be per credits. through nuclear. household, and they were looking at To put this all into perspective, Ohio I have what you might consider the $3,000. There is a lot of speculation as is a heavy user of coal when we turn third worst district in the United to how much it would be. But $3,000 for our lights on. So if what they are say- States, according to the Heritage every household in America, that is ing is that we’re really going to hit Foundation, when it comes to cap-and- really an incredible number and espe- coal, Ohio and Indiana are going to be trade because of the cost it will be to cially when the President has said, I’m in deep trouble right off the bat. Indi- do business in my district. not going to raise taxes on people over ana is even, we might say, in worse I have companies in my district, be- $250,000. And now we’re talking about, shape than we are. In Ohio about 87 cause they use so much energy, a slight you flip the light switch, and you are percent of our usage to turn on our blip will make them have to think, is it already getting taxed at an increasing lights every day and run our factories even worth manufacturing in this rate. What that does, of course, is is coal generated. country anymore? makes us uncompetitive. Mr. AKIN. Let me reclaim my time. We’re in a tough recession right now. Now there’s two ways to deal with What we have here in the State of Ohio But one of the things that we have to jobs that are fleeing overseas. One of

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This is day that we created a Department of that is particularly interesting, and I the exact opposite because when you Energy years ago. And do you know wonder because I take a look at what tax electricity and energy production, why it was created and what its mis- Europe is doing and it raises this ques- that’s a major part of all of manufac- sion was? The interesting thing is it tion and we ought to talk about this a turing, and now we can’t compete. So was created so that we could become little bit too, and that is, is there a not so dependent on foreign energy. just to your point, we’re basically tak- genuine interest in reducing CO2 or is ing those jobs right out of the country b 1845 this just a big excuse to levy a big tax at a time where we’re concerned about Now they have increased many, on people? Because you go over to unemployment. many, many times the number of em- Spain and they have a very aggressive I’m just thankful for your joining us. ployees in the Department of Energy, antiglobal warming policy there and We’re joined also by another good and their whole mission was so that we they closed their nuclear reactors. friend of ours, a gentleman from Utah would not be dependent on foreign en- Now, that makes you kind of wonder (Mr. BISHOP), highly respected, and he ergy. And look where we are today. It’s because that’s one source of energy also agreed to talk a little bit about gotten worse and worse and worse. So that we have in America that we have where we are in this entire situation. you kind of ask yourself maybe Ronald developed that doesn’t make any CO2 Mr. BISHOP of Utah. I appreciate Reagan was right when he said we and it makes very, very clean energy. that kind introduction. I don’t know ought to get rid of them because we are But just taking a look at what you’re about the highly respected part, but I more dependent on foreign energy. saying, take the innovation, first of will take it for now. Please proceed, though, Congressman all, the nuclear power plant. And some I appreciate what the two gentlemen BISHOP. people may be fanatics. I like going have been talking about in this par- Mr. BISHOP of Utah. I appreciate the over to Home Depot or Lowe’s or some- ticular cap-and-tax plan that is out insight and that perfect analogy of thing and looking at their tool section, there. I think it’s important to realize what we are talking about here. and they’ve got all these nifty new that this is not the only issue, the only The problem the government has tools that run on batteries, and these plan on the table. when it becomes involved in mandates batteries are getting better and better. The Republican Study Committee in is we pick winners and losers in the They’re getting smaller and they’re conjunction with the Western Caucus system. What we’re trying to do with getting much more powerful. So if you have both come together and have in- this act is give another alternative, an- put together an improvement in bat- troduced H.R. 2300 last week, which is other vision that empowers people to tery technology with nuclear energy the American Energy Innovation Act. solve these particular problems. and use the nuclear energy to charge The goal is to present another idea, an- I would like to, if I could only, just up people’s batteries in their cars and other alternative to what is on the spend 1 minute on only one aspect, one all, we’re talking about a completely table right now coming from this par- part. I mean, this is a 200-plus-page bill different way. And that’s just one pos- ticular administration. with lots of ideas. Just one that deals sibility. You see, what we really have are two with technology innovation because we But I wanted to get back to my good distinct visions of the future. One vi- all know technology is going to be one friend from Utah. You said you wanted sion, which is the cap-and-tax policy, is of the keys of creating this innovation to develop one specific area. Please the one that deals with creating every- in the future, and both the public and jump right into that. thing done by increasing taxes on all. the private sector have a role to play. Mr. BISHOP of Utah. I need to piggy- Our vision is not to increase taxes. But the government, when it gets in- back on what you just said. Last week The administration wants us to have volved with mandates and massive pro- Dr. Calzada from King Juan Carlos everyone pay disproportionately, as grams, picks winners and losers. University in Spain was here telling us you have shown on that other map. Dif- There’s a role, but that’s not going to the specific problems that Spain is hav- ferent areas of this country will pay be the key role. The real way of solving ing with their approach of government higher. our problem is to tap the greatest po- mandates. So for every new green job What we realized is that energy and tential this country has, which is the created, many of them are administra- equal access to energy has been the American people, and to do it in an in- tive. great equalizer in allowing people to novative way. Mr. AKIN. They call it subprime; is escape from poverty in this country. Since 1790, this country has granted 6 that right? We need to incentivize and create more million patents. We’ve got everything Mr. BISHOP of Utah. You’ve got it energy and solve our problems, not from 1784 with bifocals, 1805 with re- right there. They lost 2.2. They’re hav- less. frigerators. And 1867 is still the best ing a difficult time with their economy The other side does not have a path year because we did the typewriter, the simply because they decided to do the to an alternative energy source. We do motorcycle, and barbed wire and toilet top-down approach to it. have a path to energy independence paper all in the same year, all of them Now, what America has always been and a recognition of other alternative important. able to do is have Americans come up sources. Mr. AKIN. Sears and Roebuck was with these creative ideas if there is an Mr. AKIN. Congressman BISHOP, if I delighted with that, I’m sure. incentive to do it, which is one of the could jump in here. Mr. BISHOP of Utah. In 1896 was the things in the American Energy Innova- What you are saying is tremendously zipper; Scotch tape goes back to 1930; tion Act that I want to emphasize right important. First of all, you are saying, 1945 was microwave ovens; 1960 was the now, which is the incentive with prizes. we don’t have to go this route on this laser; 1982 was the artificial heart. That is something that we have always great big huge tax. And what’s more These were not done by government used in the history of this world. you are saying, instead of just taxing mandates. These were done by Ameri- When Britain was trying to control people as an excuse for not developing cans responding to the challenges of the seas, they didn’t know how to map responsible American energy, you are the day. This country that is smart them; so they offered a prize of 20,000 saying, we ought to be developing enough to come up with bifocals and pounds to somebody who could solve American energy, getting off of our de- blue jeans and crayons in 1903, along the problem. A clock-maker in London pendence on foreign energy, and that with airlines and lasers and computers, got it by coming up with latitude and we should be using a plan that ad- can come up with a source of better longitude elements we use today. Napo- vances a whole broad spectrum of dif- and alternative energy for our future. leon wanted a way to feed his troops, a

VerDate Nov 24 2008 02:58 May 14, 2009 Jkt 079060 PO 00000 Frm 00069 Fmt 7634 Sfmt 0634 E:\CR\FM\K13MY7.150 H13MYPT1 rfrederick on PROD1PC67 with HOUSE H5558 CONGRESSIONAL RECORD — HOUSE May 13, 2009 12,000 franc prize, and they came up ical, but to be very honest, it doesn’t Mr. AKIN. Reclaiming my time, hit with vacuum packing technology we really matter what the issue is; we’re those numbers again because you’re still use today. When Lindbergh flew always talking about the same thing. not saying it that clearly. I didn’t across the ocean, it was to claim a So the Democrat solution to energy quite catch it. When was the last time prize. The British Spitfire, which won is to dictate and regulate, to have big- we sited a new nuclear power plant? the Battle of Britain, was the result of ger government and have higher taxes. Mr. LATTA. In 1977. a technological development price. And I apologize, but for the Republican Mr. AKIN. And that makes how much NASA has used prizes. We use this all side, pick your topic. Today it’s en- CO2? the time. ergy. Our solution is choices and op- Mr. LATTA. Zero. This is the time for us not simply to tions, empowering people, and reducing Mr. AKIN. None. So we’re all worried say come to us and the government taxes. about CO2, and yet we have not sited will solve all your problems and we will Now, what I have been talking about another nuclear plant since 1977. That fund all the research and we will decide with the prize concept is to simply em- seems like such an odd thing. what’s good and we will decide who power people to come up with solutions I recall when we had the Speaker wins and who loses. Simply put the that dictate their own lives and their come into the Science Committee, I money out there, and the first person own futures, as opposed to simply hav- think at the beginning of this year or that can actually produce what we ing bigger government telling people the end of last year, and she was talk- want, privately produce it, privately what they will do, when they will do it, ing about wanting to deal with the make sure that it’s sustainable, give and charging them $600 billion for the global warming thing and all because them a decent prize. That has driven opportunity of being told what to do. Al Gore was coming in also and there America. That has driven the world in Mr. AKIN. Reclaiming my time, that was going to be this great big pow-wow the past. It can happen today. sort of gets your dander up a little bit on the subject. And I asked her, If to be told you’re going to get charged Mr. AKIN. Just reclaiming my time, we’re very worried about CO2 and nu- you’re getting me excited. What you’re $600 billion and that’s going to be the clear power plants don’t generate any tax because you don’t know how to talking about is a word that my con- CO2 and we have hundreds of them stituents love. It’s called ‘‘freedom.’’ solve this problem and the government floating around in ships in the Navy The idea of freedom, the idea of chal- can do it for you. and they have never been a problem The funny thing is we’ve passed a lot lenging people’s innovation and saying, technically to us, what’s your thought of laws and they have these unintended okay, the first one to do this, this, or on that, because it sounded to me like consequences. And I can tell you right this, we’re going to give you a prize. I you were becoming a little more open now what’s going to happen. You tax didn’t have all of those great examples minded? the good old boys from Missouri, you that you gave us, but people the world Oh, yes, we’re becoming more open tax them on their electricity and on over love a chance to win a prize. Plus minded. their natural gas or their propane that it gives people a chance to start think- And yet legislatively you get no cred- they’re heating their gas with in order ing: I bet you I can win that thing. I’ve it at all for generating energy that to try to get CO down, and you know 2 makes no CO . Now, what’s the logic of got an idea of how to do that. What a what’s going to happen? They’re going 2 this? Please help me because I don’t great illustration of a freedom-based to get those steel chainsaws out and get it. solution as opposed to a totalitarian they’re going to be chopping firewood I yield. top-down, government-knows-all-the- and they’re going to be heating with Mr. LATTA. I’m still looking for the answers kind of thing and we are going firewood. That’s what is going to hap- logic because, you know, we have all to solve every problem in the world pen. And it’s going to have the effect of these resources. We have all this tech- with more taxes and more spending. I creating more CO than if you just left 2 nology, but we’re not using it. And we like the freedom approach. I think the thing alone and not taxed them at are all for, I think, on our side of the that’s a great idea. $3,000 per household a year. I want to take my hat off for this We are joined by other Members of aisle what we call the ‘‘all-of-the- American Energy Innovation Act that Congress. I did want to be able to get above’’ policy, all these things I just rattled off for using. In my district you’re talking about. Sometimes peo- back, though, to Congressman LATTA ple say that the Republicans don’t have from Ohio so you have a rejoinder in they manufacture solar panels. I’m solutions. Our solution is called free- this, and then we have got another fan- going to have two companies by the dom. It’s called innovation. It’s called tastic Member joining us tonight as end of the year manufacturing solar imagination. It’s called turning the well. panels. We have the ability for wind, smarts of the American people loose on Mr. LATTA. Thank you very much and we have everything from ethanol a problem and see what kind of wonder- for yielding. to biodiesel and we’re looking at hy- ful things can happen. Just to follow up on your conversa- drogen down the road. But we need to I’m going to yield to the gentleman tion right there, we do have such great be doing all of the above. from Utah again. resources in this country. We have al- Right now I am getting calls from Mr. BISHOP of Utah. We have got most 25 percent of the world’s coal. We my constituents and they’re saying, several other guests down here; and be- ought to be using it. And it’s that clean Bob, how come the gas prices are going fore I turn it over to them, let me just coal technology. We ought to have up 30 cents in 1 week? give a conclusion to this concept be- those contests out there. There are And I said, Well, gasoline is over $60 cause the cap-and-tax plan is a govern- people in my district right now that a barrel again. ment mandate that’s telling people are working on clean coal, but they are And people are going to start watch- what they will do, how they will live. always being beaten down because they ing it go up and up and up. And the What we’re talking about is empow- hear things coming out of Washington same thing that’s going to come is how ering people. saying absolutely not, we’re not going are we going to pay for this, this, or Now, I hate to say this because it’s to have clean coal because we’ll tax this, and we’re going to have to say somewhat harmful, but one of the prob- you out of existence. So who wants to we’re not going to buy this. lems I have with our session of Con- use it? Mr. AKIN. Reclaiming my time, that gress is there basically are two ap- So, you know, when you look at what gets right back to your point. We are proaches we have to everything: we we have in our country, we have all basically shipping jobs overseas when have an administration that truly be- these resources. We have oil. We have we do it because we can’t be competi- lieves government is the solution to natural gas. We have the coal. We tive that way. our problems and wants to harken back should be developing nuclear. We We have got another fantastic Con- to the progressive era, the New Deal haven’t had a new nuclear power plant gressman who has come to the floor, era, the Great Society era, and build sited since 1977, and our competitors in MICHELE BACHMANN from Minnesota. upon that. The other side of Congress the world like the Chinese are looking And she is just such a sweet, wonderful thinks that empowering people is the at 35 to 40 in the next 25 to 30 years. lady, but she also is extremely articu- solution. So I don’t want to sound cyn- That’s not sustainable. late.

VerDate Nov 24 2008 02:58 May 14, 2009 Jkt 079060 PO 00000 Frm 00070 Fmt 7634 Sfmt 0634 E:\CR\FM\K13MY7.151 H13MYPT1 rfrederick on PROD1PC67 with HOUSE May 13, 2009 CONGRESSIONAL RECORD — HOUSE H5559 It’s a treat to have you, Congress- the alternatives are. Let the innova- ticular area. Unfortunately, the mills woman BACHMANN. I yield. tive juices of the American system go closed down because we have this idea Mrs. BACHMANN. I thank the gen- to work on this thing. that we can’t use our forests for any- tleman from Missouri (Mr. AKIN) for I mean, that’s even assuming you thing other than to look at and watch yielding. have got a big problem with CO2. Even them burn in California. I also am delighted to be a part of if you assume that, there are a lot of This is the part we are talking about. this discussion on solutions. As Mr. ways to deal with this. This is the brilliance America has to BISHOP rightly stated, there are two But to try to come up with—look at solving these problems. This is the approaches that we are taking to this. This is the cost of World War II kind of alternative. And one of the America’s energy solutions, and as Mr. here, 3.6 trillion. This cap-and-trade things that’s sad is there is no source LATTA stated, we are a Nation that is tax, 1.9 trillion. This is more. This is of energy that doesn’t have somebody filled with resources. And I am called what we are talking about in the next opposed to it. People are opposed to to mind by one of our founders, you couple of weeks. We are talking about wind power because of the massive may say, of our Nation, one of the a tax that’s going to cost a little bit footprint it will take to build those greatest orators of his time and really more than the Vietnam War, the space generators. People are opposed to solar all of American history, Daniel Web- race, the New Deal and Hurricane power because of the massive amount ster. Daniel Webster made a statement, Katrina combined. of land it will take to build those. Peo- and I paraphrase: Should we not recall Mrs. BACHMANN. Let alone millions ple are opposed to nuclear because they the resources that we have been given of American jobs. are afraid of the term. People are op- in this land that are extraordinary, un- Mr. AKIN. And that’s not even count- posed to biomass because they don’t paralleled across the world, and ing all the jobs we are going to be ship- think it is right to clean out the for- shouldn’t we call forth those resources ping. And we could just basically let ests, so they would rather see it burn. that we’ve been given to generate Mother Freedom ring the bell. Let’s All of these things have to be there. something wonderful in our time? just go ahead and use these resources It has to be part of the proposal. We I had the privilege of serving in the and figure out ways to solve these have to unlock the potential of Ameri- Minnesota State Senate. We had that problems, because we could do it. cans. That’s our future. That’s what we quote stenciled around our beautiful That’s what we believe in. We believe are talking about. That’s not cap-and- rotunda, the Minnesota State Senate in freedom. tax. chamber. And as Mr. LATTA stated, we I would like to go back to my good Mr. AKIN. Yes, I just don’t think have 25 percent of the world’s coal. We friend from Utah, Congressman BISHOP. that taxation is a solution to every have unlimited resources as far as nu- Mr. BISHOP of Utah. I hate to add problem. clear power generation goes, as far as another wrinkle to this, because there I think one of the things that has hydropower, solar, wind, but yet also is another problem. We have 6.5 billion been held up as a shining example for natural gas, oil. All of the known re- people on the Earth today. Two billion us to follow is the nation of Spain. And serves that we have, the United States people do not have electricity today. we heard about that last week from a manages to use those resources more They have never flipped a light switch, very interesting brief we got. efficiently, more cleanly than perhaps and they want the same standard of And if you could just share with us a any other nation on the planet. Rather living that we have. We are going to little bit about how that system would than this being one of the most expen- need more energy in the future, if only work. Because when you hear how the sive sources of manufacturing in the to be fair to the rest of the world, than system that is very similar to what’s United States, energy could be one of what we are talking about today. being proposed here works in Spain, the cheapest sources of manufacturing In 1977, we tried a national energy you are going to go, Oh, my goodness, components. And yet the United States plan. It was passed, it was imple- I am not so sure we really want to be could be one of the leading exporters of mented, and the result of that was the like Spain and doing all of this stuff. this wonderful resource, energy. So government told you how high to put Why don’t you just share a little bit shouldn’t it be, as Daniel Webster said, your thermostat, how fast to drive of that with us, Congressman. that we should call forth these re- your car, and which day you could ac- Mr. BISHOP of Utah. Well, I am sources that have been given to us with tually fill up. Except I think we talked doing this from the top of my head, so the greatest benefit that we have, about the one family Newt Gingrich you can help in here when I forget American ingenuity? found out about that had two different about what Dr. Calzada actually told license plates, one ending in odd and us. But in Spain they basically have 1900 b one in even so they could get gas when- the government saying this is way we Use those resources to the benefit, ever they wanted to. will move forward in the future. This is not just of America, but of mankind. Mr. AKIN. That is American inge- the energy we will use, even though the And so I would agree with my col- nuity, I suppose. wind power and the solar power is not league, Mr. BISHOP. There are two ways Mr. BISHOP of Utah. I should have enough to meet the needs of Spain. to approach this solution, and I think given him a prize for that. So they are having what we call that the solution that you gentlemen But we cannot go back to this place, brownouts and what they call black- are speaking of this evening is the one this effort in which the government outs. They are having business move that the American people are raising tells you how to live your life. We need away from Spain because they don’t their hand to tonight saying, yes, don’t to empower Americans to solve our have a reliable source of energy, which tax me. In fact, bring resources into problems, and we have the capacity to is why they are actually losing two the Treasury and make my life better do that. jobs for every one they gain in coming by being forward-looking, not back- The gentleman from Ohio (Mr. up with the government-picked win- ward-looking, and calling for these re- LATTA) was talking about all sorts of ners and losers. sources for the benefit of the American different types of programs. And, unfortunately in Spain, it’s the people. I just came back from a meeting in entire country that becomes the loser. Mr. AKIN. That is really a vision. California where they have closed a Not only do they not have enough en- You know, what I am hearing, if I am lumber mill down there. We talk about ergy to meet the needs of the people, trying to put a little title on that, I lumber mills, but one of the processes they don’t have enough jobs to meet think I am hearing let freedom ring. you have of trying to thin the forest, to the needs of the people, and they have Let Americans use their ingenuity. Let save the forest from burning, is to take found a negative loss in their energy us use the resources that God gave us. all what they call the slash, the extra output and a negative loss in their eco- Let’s see what we can do. stuff off the land or the byproduct from nomic output. Let’s be an exporter of energy. Let’s the lumber mill, and turning that into And it’s not them alone. There are take what the Lord has given us and a biomass energy source. other countries in the EU that decided really start to define clearly what the They are already funding 30 percent to sign on to the Kyoto agreement, but problems are and take a look at what of their energy source from that par- they were wise enough to pick a very

VerDate Nov 24 2008 02:58 May 14, 2009 Jkt 079060 PO 00000 Frm 00071 Fmt 7634 Sfmt 0634 E:\CR\FM\K13MY7.152 H13MYPT1 rfrederick on PROD1PC67 with HOUSE H5560 CONGRESSIONAL RECORD — HOUSE May 13, 2009 bad base year. So it didn’t matter what Once the installation is complete, the this is all about jobs, jobs, jobs. And they did, they were going to come job goes away. That’s a very expensive one of the things that people kind of under the standards of the Kyoto investment for Spain. They are only also have to remember is that govern- agreement. going in the direction of further in- ment does not create a single job. This Now they are facing the problem that creased unemployment, not in the di- government consumes wealth. The only they are going to the EU asking for ex- rection of decreased unemployment. avenue that we have out there to emptions for certain of their industries Mr. AKIN. You know what scared me produce wealth in this country is because they can’t even meet those the most about his presentation, what through business. same base standards, which always he basically said is that the govern- And if businesses aren’t able to oper- happens when the government says, We ment has come up with such a clever, ate, if they can’t turn the lights on be- know what’s best for you; we are going integrated kind of system in the legis- cause it’s too expensive, and day in and to tell you what to do. lation they passed. What happens is day out I am hearing from my con- Mr. AKIN. I recall some of the pres- they, first of all, through various stituents, I hearing from companies entation. What really concerned me means—he claimed that even the across the State of Ohio, they are say- was the first thing was they have got Mafia, he thought, could be involved in ing, if this goes in, we don’t know how 17.5 percent unemployment. Now that it—they give licenses to people to gen- we are going to literally keep the would get the attention of Americans erate electricity. lights on. anywhere, 17.5 percent unemployment. And so if you happen to get one of Mr. AKIN. Yes, we do have this. This Now, how did that come about? Well, these licenses, this is a license to make is an estimate of job losses, if we go here is how it came about. They de- some money, because you put enough with this tax. And is this the kind of cided they wanted to go with the green solar panels and windmills up, and the thing we should be doing in these eco- energy plan, so what they did is they State guarantees you a certain rate per nomic times? Are we supposed to be closed their nuclear facilities. Now, kilowatt hour. So there are all these losing jobs? I don’t think this is a log- that says to me, I am skeptical. people in line wanting to get licenses ical thing to do at all. I think this was more of a political to generate green energy. And the thing that’s so tragic about deal than a technical deal, because nu- So that’s how they start. And every- this whole thing is we have the re- clear makes zero CO . And yet they 2 body that has one of those licenses, let sources. We have the technology. We closed them and what did they replace me tell you, politically, they are have the innovation. If we want to de- them with? Windmills and solar panels. bought into this system. They are not fine the problem precisely, we put Well, that’s nifty when the sun is shin- going to let this system change for love those incentives out there in the form ing and the wind is blowing. But what happens when it doesn’t? nor money because they are making a of prizes and different things. I tell you, get out of the way. Be- Well, they say to industry, Sorry, no ton of money on these licenses that cause when you give Americans a electricity today. Now, my family, they got from the government. bunch of prizes and free enterprise and years and a number generations ago, The only trouble is, the government started a steel mill, and the steel mills is paying so much for that energy that freedom, they are going to go for it and nowadays have these electrodes the the society can’t sustain it. It’s chas- we are going to generate a tremendous size of telephone poles, three of them. ing all the jobs overseas. But then they part of energy. Now, here is part of problem we are They lower them into an electric fur- go through this fast now you see it, nace and lightning and thunder comes now you don’t economics, and sort of dealing with here, and maybe this out of that furnace, and it melts the write it off this way, send it another comes from my engineering back- steel scrap in there. way, and eventually run it into future ground. But there are a whole series of That takes a lot of electricity. Peo- debt. questions that really need to be asked ple that want to make aluminum take So they are increasing their national before we go any farther with this mas- aluminum oxide out of the ground, debt. Their jobs are going down like sive tax increase that’s being proposed. that’s aluminum and oxygen combined mad. Their economy is in—but they And I think the first thing is there is quite tightly together, and they have have created a system politically that a question between technical people to separate those two molecules to get so many people are part of it that they and scientists, first of all, on the the aluminum. That takes a lot of elec- can’t let go of it. They can’t get out of amount of CO2 that we are really gen- tricity. it. erating, that human beings are gener- So what happens to steel? What hap- That’s really frightening. It’s not ating. That’s not absolutely agreed to pens to aluminum manufacturing in something you can just turn off and among scientists at all. Spain? It’s gone. say, Oh, we made a mistake. They The fact is that human beings add You can’t have a whole bunch of peo- can’t go back because everybody now is something to the CO2 in the atmos- ple coming to work today and say, part of this deal. phere, but how much that is is kind of Sorry, the wind is not blowing hard Mr. LATTA. I tell you, the discussion an unknown thing. We know it is going enough, not going to make any alu- that we are having right now boils up, but we don’t know how much man- minum today. And those companies go down to one thing, that this cap-and- kind is adding to that, which then overseas, and so they lose all their jobs tax is going to cost this country jobs. raises the next question, and that is, over there. And I am sure everyone in this body first of all, what are the effects that if Mrs. BACHMANN. I had also heard speaks at their local schools every we have the CO2, what is that going to the gentleman speak last week who month. I am going to be speaking at do to the climate? Because, if you re- wrote the report on Spain, and this is graduation this weekend at one of my call, it used to be we talked about glob- the country that the President holds colleges. What do you tell these stu- al warming. The only thing is now you up as being the country we should emu- dents that are graduating? They have don’t hear people, the liberals aren’t late. And as the gentleman from Mis- this great opportunity, that you are talking about global warming any- souri rightly stated, 17.5 percent rate going to have the same chance that we more. They are talking about global of unemployment; the largest, highest had, that your grandparents had? Or change. Why not? Well, because it’s not unemployment rate of all the devel- are we going to tell them, You know warming. oping countries in the world, on their what? It’s going to be tough out there. They have these models, these com- way to 20 percent unemployment. Maybe you won’t find a job. puter models saying the Earth is really And as the gentleman from Utah You know, when you hear more and going to be warm. Now, if you take a stated, there is 2.2 percent job loss for more that parents are worried that couple of years ago, there was a state- every job created. But the critical fact when their kids graduate from college, ment, let’s see if I can find it here. is that every job created, every green what do they do? They move home. They said something to the effect that job, costs the country of Spain $770,000 There is no place for them to go. There the waves are going to be breaking at per job, and these are not sustainable are no jobs. the steps of the Capitol. jobs. They are primarily installing and One of the things that I think we That’s what we were told. I mean, I building windmills and solar panels. have to remember in this whole debate, was here in Congress. This is recently.

VerDate Nov 24 2008 02:58 May 14, 2009 Jkt 079060 PO 00000 Frm 00072 Fmt 7634 Sfmt 0634 E:\CR\FM\K13MY7.154 H13MYPT1 rfrederick on PROD1PC67 with HOUSE May 13, 2009 CONGRESSIONAL RECORD — HOUSE H5561 And they said, Hey, the water, the ice Mr. BISHOP of Utah. No. manufacturers all trying to fight over is melting so fast that we are going to Mr. AKIN. It was because it seemed scraps, you might say, of permits. have the waves breaking at the steps of to make sense—and Americans did it. Originally, the President said there the Capitol. Mr. BISHOP of Utah. Which is why would be no permits that would be auc- Well, now subsequently it seems, I we’re coming back here, because all tioned off to any industry. Now what have the exact quote here, just a few we’re doing if we double is making a we’re seeing here in the House is that years ago scientists predicted that the thicker thin line—going from one-sixth certain industries, certain fossil fuel- seas would rise from 20 to 40 feet be- to one-third of 1 percent, which is why based industries are saying, We can’t cause of global warming with waves this cap-and-tax approach is so insid- survive unless we have some kind of a crashing against the steps of the U.S. ious because, once again, there are win- free pass. Capitol, that would launch boats from ners and losers in industry; also, win- And so now we’re hearing of back- the bottom of the Capitol steps. That’s ners and losers in the American people. room deals that are happening, where what people are saying. Mr. LATTA’s constituents in Ohio are different industries are given free passes. All of this adds up to the Amer- b 1915 going to be hit very, very hard. If you lived on the West Coast, which is more ican people smelling something is rot- So the question is, first of all: How hydropower than coal-fired power, you ten in this deal of the cap-and-tax sys- much CO are we contributing? Second 2 don’t have that much, do you? It also tem, of all, what will be the effect of that makes a difference in the economic Mr. AKIN. Reclaiming my time, do CO . Then, the next question is: What 2 level of individuals. you know what it sounds like to me? is our ability to do anything about it, If you’re rich, this cap-and-tax policy This is just another color version of an- even if we wanted to? How effective is going to be an annoyance. If you’re other bailout deal. could a solution be? poor, as I have said on this floor before, Mrs. BACHMANN. Sure it is. In my opinion, which is what you see Mr. AKIN. We’re going to say, Oh my if you’re poor, this approach makes the in Spain, is this tax that’s being pro- business can’t live with this cap-and- difference on whether you can have a posed—this massive tax increase for tax. So I need a bailout. And so now luxury like tuna casserole at night. It’s our constituents, is this really about a we’re going to get in the business of going to hit the poor people harder. concern for CO2, or is really the global trading off bailouts. I wonder who’s In different areas of the country it’s warming just basically a stalking horse going to get the deal. to give politicians another great big going to hit them harder. And that’s Mrs. BACHMANN. The problem is the tax increase, increase the power of the why it is such an unfair and such a American taxpayer, just as the bank- Federal Government, and take away dangerous proposal, especially when ing system, the financial system, and that precious freedom that our dear you have been talking about other now with energy, government is cre- friend from Minnesota is just talking countries which have gone down that ating a problem where we don’t have a about? path—and it has not worked. problem. Government is creating a I’d like to go back to my friend from Mr. AKIN. Reclaiming my time, it false economy where they don’t have to Utah, please. seems to me that if you’re a business- do this. This is all to benefit govern- Mr. BISHOP of Utah. If I could add man, the way businessmen think—be- ments coffers—not to benefit the just another element to this as well, cause I used to be in the business American people, not to lower their en- because what we’re talking about when world—you give me the rules and we ergy tax bill, not to create more jobs we talk about cap-and-tax on certain will play the game. If I have got a when, just as Mr. BISHOP said, we could elements and certain industries is, chemical cracking facility in America take a completely different route. once again, the government picking and we’re taking oil and we’re breaking My State of Minnesota, Mr. LATTA’s winners and losers. And we’re trying to it into different products and things, State of Ohio will be hit especially sell it—or somebody is trying to sell it and I’m going to get a great big tax, hard with this cap-and-tax system. to the American people on the idea one of the things I might consider Why burden those who are least able to that this is going to move us into a doing is just moving that overseas. Be- afford it—senior citizens, people who, new generation of ‘‘green’’ energy. cause if I move that overseas, the jobs in Minnesota, you don’t have a choice. What we need to realize is back in go away here. Then I can sell the same You have to turn on the furnace come the seventies—and I’m going to quote a products back into this country at a October. few lines, if I could, from Keith much lower cost, and anybody left in This will be devastating to our econ- Rattie’s address he gave to Utah Valley this country is going to be at a tremen- omy, and we could have a completely University. He happens to be the chair- dous competitive disadvantage. different answer that would bring more man of Questar Corporation. So you’re creating an incentive for money, bring more jobs by opening up He said, ‘‘Back in the seventies, we companies to close American busi- all of America’s energy resources. were told that wind and solar power nesses and move them overseas by I would yield back. are alternatives to fossil fuels. In re- what we’re doing. Somehow or another Mr. AKIN. The thing that’s amusing ality, the honest description is they’re do we want the government making on this entire situation, every time we supplements to fossil fuels. Taken to- policies which manipulate the things seem to tamper with these things, we gether, wind and solar power accounts that businesses do—not based on what create these laws which do the opposite for one-sixth of 1 percent of Americans’ is good for our citizens, but based on of what we’re really trying to do. I energy use,’’ which means when he some silly set of laws that somebody think that the thing that we need to be asked Power Point to do a pie chart for came up with down here in Wash- having an awful lot more faith in in him, they couldn’t come up with a ington, D.C.; certainly not something I this Capitol is the idea of freedom and wedge that small. It was a thin line. would vote for. the imagination, the innovation that’s After 30 years, we have pumped $20 I would like to recognize the gentle- available in America through the nat- billion into subsidies for wind and solar lady from Minnesota. ural resources we’re blessed with. power—and we have a thin line. The Mrs. BACHMANN. Well, American All of these things come together to Obama administration is hoping to manufacturing has been at a competi- provide us with solutions where there’s double that, which is a great goal. I tive disadvantage for years. I’m a choices and options and free enterprise think that’s perfectly advisable. We former Federal tax litigation attorney. is working. And what is a good solution should try and double wind and solar America has the second-highest cor- today is going to be replaced by some- energy. porate tax rate in the world, at 34 per- thing better tomorrow. It’s even going You should know that the last 3 cent. to be better the day after tomorrow. years of the Bush administration, we Now the Federal Government is pro- I am so thankful for our guests here. doubled the amount of wind and solar posing to tie a cement block onto We have just got a couple more min- energy we produce. But what comes in American manufacturing that would be utes. I will go back to the gentleman that—— extremely difficult to overcome. One from Ohio, if you would like to make a Mr. AKIN. Reclaiming, we didn’t do a thing that we need to consider are the quick closing statement, and then tax increase, did we? corruption influences that come from we’re going to call it an evening.

VerDate Nov 24 2008 02:58 May 14, 2009 Jkt 079060 PO 00000 Frm 00073 Fmt 7634 Sfmt 0634 E:\CR\FM\K13MY7.155 H13MYPT1 rfrederick on PROD1PC67 with HOUSE H5562 CONGRESSIONAL RECORD — HOUSE May 13, 2009 Mr. LATTA. I thank the gentleman. I will muddle through this and we will be really innovations that would make will be brief. Time is short for this back to where we were just a couple of credit available to people who other- country. We have folks out there that years ago; not to worry. wise could not have gotten it. need jobs—and they need them today. Columnist Paul Krugman earlier this Repeatedly they said this legislation, We have been in a tough recession. week quoted a prominent Wall Street while well-intended, will just hurt the Back in 1982, when we were coming lawyer who was under consideration to very people it’s trying to help. I admit out of that recession folks were con- be the Deputy Treasury Secretary, that I resented being patronized at the fident that those factories were going Rodgin Cohen, as saying that the Wall time. But now, looking at what really to open back up; that those doors Street that will emerge from this will happened, I am furious at the dishon- would be open and those jobs would be not be terribly different from the Wall esty of it all. there. Today, a lot of those jobs are Street of the recent past, and said, ‘‘I gone. We’re in a tough economic envi- am far from convinced that there was b 1930 ronment. We’re in a tough global envi- something inherently wrong with the ronment—the competition is tough. system.’’ Mr. Speaker, this is what really hap- If we want to make sure that we can Mr. Speaker, a Wall Street or a fi- pened. This is a chart of the percentage compete in this country and we can nancial system that is not different of corporate profits in America that make sure that we have those jobs in from the one in the recent past that the financial services industry got. And this country to compete against the just gets us back to where we were a it peaked during the period, the heyday rest of the world, we have to make sure couple of years ago is not much of a of subprime lending, at more than 40 that we have the costs down. If we go deal for the American middle class. I percent of all corporate profits. The through this cap-and-tax, it’s going to don’t claim that I knew that the finan- terms of mortgages that appeared pred- be a bad day for America. cial crisis would happen the way it did. atory really were predatory. The lend- I just want to thank the gentleman But I knew that the mortgages that ers did not have to include those terms for hosting this tonight. We’re going to have proven so toxic for the financial in their loans. be talking about this not only here in system and for the financial industry Now, obviously, something went Congress, but across our districts in were toxic for borrowers, were toxic for wrong. And I want to talk about that the coming days. homeowners. And I thought that was in a bit. But I first want to recognize Mr. AKIN. Reclaiming my time, I am reason enough to do something about my colleague. This is the majority par- just so delighted with our guests here it. ty’s hour. But in the spirit of biparti- on the floor. You know, the common I began working on the issue almost sanship, or post-partisanship, I am sense in me can’t resist showing this as soon as I was elected or entered Con- happy to recognize MIKE TURNER, my little chart. How much does a human gress in 2003. In 2004, I introduced legis- colleague from Ohio. Mr. TURNER has activity affect greenhouse gases? Well, lation, along with Congressman WATT, many fine qualities. His political party if this block represents greenhouse to prohibit many of the practices that is not one of them. But he represents a district, Dayton, Ohio, that has been gases right here, then CO2 is those yel- led us to where we are now. And we low boxes. That’s the amount of green- saw—I know well what kinds of mort- particularly hard-hit by the foreclosure house gas that’s heating the world by gages have led us to the foreclosure cri- crisis. And I want to recognize Mr. TURNER CO2. The rest of this is other things sis. that are heating the world. Then, this Subprime mortgages went from 8 per- to talk about what he has seen happen is the amount that’s caused by people. cent of all mortgages in 2003 to 28 per- in Dayton. So this seems to be an awful big tax for cent in the heyday of subprime lend- Mr. TURNER. Well, I want to thank such a little tiny box. ing—the 2004 to 2006 period. More than BRAD MILLER for his leadership on this I want to once again thank my good half of the people who got subprime issue. This is a very important issue friends, Congresswoman BACHMANN loans qualified for prime loans. Many that affects our whole country. And we from Minnesota and Congressman others should never have gotten any all took a pause as we saw our finan- LATTA from Ohio and Congressman loan of any kind. cial institutions shaken nationally. BISHOP from Utah for joining us. I hope There were extravagant upfront And as the bailouts were proposed that that this has been as informative and charges, costs, and fees. Ninety percent came here to this floor to be voted interesting for everybody else as much of loans had an adjustable rate, with a upon, across the country, Americans as it was for me. quick adjustment after just 2 or 3 wondered, How did we get here? How did this happen? f years. The typical adjustment—the teaser rate, the initial rate was fre- Now I voted against every bailout FORECLOSURE CRISIS quently above prime. It was no deal in that came here to this floor. And I The SPEAKER pro tempore. Under the first place. voted against it because not only did I the Speaker’s announced policy of Jan- Then, when the adjustment set in, re- believe that they were not structured uary 6, 2009, the gentleman from North gardless of what interest rates were, appropriately, that there was money Carolina (Mr. MILLER) is recognized for the monthly payments would go up by that was going to be wasted, but more 60 minutes as the designee of the ma- 30 to 50 percent. Seventy percent of the importantly, not one of them included jority leader. loans had a prepayment penalty that a change in the laws that would pro- Mr. MILLER of North Carolina. To- made it almost impossible for bor- hibit the type of practices that got us night, I would like to devote this hour rowers to get out without losing a big here to begin with. The toxic assets to the foreclosure crisis that the Na- chunk of the equity in their home. that people talk about are these mort- tion faces—and will continue to face The loans were designed to be gage-backed securities that were trad- for some time; the financial crisis; the unsustainable. They had the effect of ed and sold upstream. They were the recession that we now have that is the trapping borrowers in a cycle of re- securities that were based upon prac- worst recession since the Great Depres- peated refinancing. Every time they re- tices of mortgage lending that had a sion, precipitated by the foreclosure financed, having to pay points and fees negative impact on our families and a crisis and by the financial crisis. I and closing costs to get into the new negative impact on our communities. want to talk about how we got where loan and a prepayment penalty to get And today I wanted to offer my sup- we are and what we need to do now to out of the last loan. port for the recently passed bill, H.R. make sure it never happens again. All that time, the industry defended 1728, Mr. MILLER’s bill, the Mortgage According to the financial industry, all those terms, all those practices as Reform and Anti-Predatory Lending what happened was this freakish com- necessary to provide credit to home- Act of 2009. This bill directly addresses bination of macroeconomic forces that owners who would not qualify for the root causes of the current financial no one could have predicted. It was a prime loans. The terms, they said, and economic crisis in the United perfect storm. But with a little help might appear predatory to the unin- States as well as how it has led to some from the government, from the tax- formed, Members of Congress like me, home abandonment and high fore- payers, and a little bit of patience, we the consumer groups, but they were closure rates throughout the country.

VerDate Nov 24 2008 02:58 May 14, 2009 Jkt 079060 PO 00000 Frm 00074 Fmt 7634 Sfmt 0634 E:\CR\FM\K13MY7.157 H13MYPT1 rfrederick on PROD1PC67 with HOUSE May 13, 2009 CONGRESSIONAL RECORD — HOUSE H5563 Mr. Speaker, the United States is ex- closed often sit vacant for long periods curred. And predatory lending prac- periencing a steady increase in fore- of time and not only become an eyesore tices have contributed a dispropor- closures and mortgage lending prob- but become a threat to public health tionate amount to those impacts. lems that have impacted homeowners, and to safety. Boarded-up neighbor- I believe that homeownership is a families, communities, the United hoods, falling property values, and in- privilege that everyone should enjoy. States economy and global economies. creased crime all lead to an eroded But we must not allow for the dream of In 2006, there were an estimated 1.3 local tax base and impair a city’s abil- homeownership to be shattered because million foreclosures in the United ity to provide important services to of questionable and less-than-honest States. This number has increased by urban families. mortgage lending practices that can 79 percent in 2007, bringing the esti- Additionally, when I served as mayor steal individuals’ futures. That is why mated number of foreclosures nation- of the city of Dayton and faced this I’m pleased to commend my colleague, wide to 2.2 million. In 2008, an esti- issue and how it impacts homeowners, BRAD MILLER, on his leadership on this mated 3.2 million foreclosures were re- my community continued to wonder issue and work on securing the passage ported nationwide. Estimates suggest how the financial markets would be of H.R. 1728 in this body. that this trend is likely to continue able to sustain the losses associated BRAD, we appreciate it. The families with millions more of Americans po- the mortgage foreclosures. Beyond the who have been impacted appreciate it. tentially losing their homes to fore- individual impact resulting from pred- This is an important step of changing closure in the next 4 years and with atory lending, these practices were re- the rules so that we don’t continue the foreclosures not abating until perhaps sulting in the loss of capital in the practice of creating toxic assets. 2011. market that cumulatively, one would Mr. MILLER of North Carolina. Recently, an analysis by the Associ- expect that it would have an impact. Thank you, Mr. TURNER. If you will ated Press reported that Ohio has three Now, I want to show you some of the stay a moment, I have a question or of the most vacant neighborhoods in boards that I have beside me. These are two. I know that your start in politics the United States where home fore- the home foreclosure numbers for was in local politics, that you were the closure and abandonment have dev- Montgomery County for the years mayor of Dayton. And my observation astated neighborhoods with parts of starting in 1997 to 2008. Since I have of people who work in local politics is northwest Dayton, Ohio, in my dis- been in Congress here for 61⁄2 years, in they can’t just spout talking points. trict, with more than 40 percent of the a county that has a population of They really have got to solve problems. area being vacant. This statistic makes slightly more than 500,000, there have They don’t have much choice in the northwest Dayton the ninth emptiest been about 27,000 foreclosures in the matter. And I’m pleased that after neighborhood in the Nation. If you community. The number of families more than 6 years in Congress, that look at the 2008 foreclosure rates in my that are impacted, the number of hasn’t worn off completely. You do district, there have been 4,091 fore- houses in the neighborhood is just real- still have some sense of the practical closures in Montgomery County, the ly astounding. to you which I appreciate. primary county of my district. There I wanted to show you a representa- I said a moment ago that I would were 1,558 foreclosures in Warren Coun- tive map of a neighborhood that would come back to what went wrong. Obvi- ty, 287 foreclosures in Clinton County, show you what that would look like ously, for more than 40 percent of all and 351 in Highland County. from the early period, before this pe- corporate profits, they are now on tax- These statistics become even more riod here starting from 2004 on where payer life support. And what went real when I open the pages of my local we have the higher numbers, as the wrong was that their economic models, newspaper. When I was home over the foreclosure crisis began in the commu- their business models, assumed that past couple of weeks, I looked at the nity. This is one Dayton neighborhood property values would continue to ap- newspaper, and I actually compared in northeast Dayton. You can see prob- preciate and home values would con- the number of pages that actually con- ably on the camera just a few of the tinue to appreciate. In 2004, home val- tained news to the number of fore- streets and the make-up of the area. ues across the country appreciated by closures. The Dayton Daily News the But for every dot you see on this map, 11 percent, and they assumed—looking other day showed up on my doorstep. It that represents a foreclosure. This is back, obviously foolishly—they as- had 14 pages of news nationally and just the period from 1997 to 2003. We sumed that property values would con- worldwide and 14 pages of foreclosures. haven’t even imposed upon this map tinue to go up. And what happened Those are foreclosures that affect fami- what occurred from 2003 forward. when property values simply stalled lies, communities and neighborhoods, If you imagine, that means that just was they had a business model that the families that live there, the chil- about everybody living in the neighbor- only worked if property values contin- dren that live there, and the neighbors hood lives next to a house that went ued to go up. They might go up quickly that live next to the homes, and the through foreclosure. And what is unfor- or slowly, but they would continue to neighborhoods that begin to decline tunate is that a lot of those houses go up, and they couldn’t possibly, upon foreclosure and abandonment. then go on to abandonment. When a couldn’t possibly go down. But when According to a study commissioned house is foreclosed, a family might they stalled, people could not get out by Jim McCarthy, the head of the walk away. And many times families of their mortgage. Miami Valley Fair Housing Center in are left in the neighborhood living next More and more people were under- my district, the mortgage foreclosures to houses like these that become water in their mortgage. They owed associated with lenders who are identi- boarded up, sources for criminal activ- more money on their house than their fied as subprime lenders increased at ity, lowering the property values and house was worth. They could not get an annual rate of 43 percent from 1994 trapping everyone. If these houses were out of their mortgage. They couldn’t to 2000. This number is more than dou- subject to predatory lending and their sell their house because they couldn’t ble the annual 18 percent rate increase neighbors were not, the neighbors still pay the mortgage. And property values associated with lenders who are not are impacted by predatory lending by and foreclosure were just inextricably identified as subprime lenders. The having these types of occurrences in linked. Nationwide property values study also showed that foreclosure fil- their neighborhood and next to them. have now gone down, according to ings in Montgomery County, Ohio, Well, today, Mr. Speaker, the impact some economists, by about 30 percent nearly doubled from 1994 to 2000 and of all of this is clear. It does impact from their peak in 2006, I think it was. that subprime lenders were responsible our financial institutions. And it does And for most middle class families, for a disproportionately high share of impact the very fabric of our financial the equity they have in their home is that increase. In Montgomery County, institutions for our community and the bulk of their net worth. It is their the number of predatory lending com- our country. These are the toxic assets life savings. And they are seeing that plaints since 2001 have risen to 5,326. that everyone speaks about. When they disappear. Even the people that have Home foreclosures resulting from talk about toxic assets and mortgage- mortgages they can pay, who aren’t in predatory lending take a toll on Amer- backed securities, they talk about the subprime mortgages, when their prop- ican cities. Properties which are fore- real-life foreclosures that have oc- erty values collapse, their home value

VerDate Nov 24 2008 02:58 May 14, 2009 Jkt 079060 PO 00000 Frm 00075 Fmt 7634 Sfmt 0634 E:\CR\FM\K13MY7.158 H13MYPT1 rfrederick on PROD1PC67 with HOUSE H5564 CONGRESSIONAL RECORD — HOUSE May 13, 2009 collapses, they see their life savings cause the house next door to them is know we have a foreclosure crisis. evaporate with the collapse in home now abandoned. They know there is a foreclosure crisis values. We have seen stagnation in property which goes straight to the issue of As you pointed out, foreclosed homes values and growth in the Dayton area, toxic assets, which goes straight to the sit vacant, stigmatizing neighborhoods some declines. People who live next to financial stability of our financial in- and killing the property values in a home that has been in foreclosure see stitutions. This bill, unlike the bail- those neighborhoods. And in many their property values decline. So it is outs that were passed, goes straight to markets around the country that have something that doesn’t just impact the the issue of trying to stop these prac- been hardest hit by subprime lending family. These numbers you see here of tices so that we don’t continue to and by the foreclosure crisis, half or people who have had their home where crank out toxic assets. That will pro- more of the homes on the market are they have lost it in foreclosure are vide stability in the market where peo- foreclosures. And those houses are multiplied by the number of people ple will have some confidence that priced to sell. who live next to those homes. And in these loans that are being given have In Dayton, what has been the effect some neighborhoods because there are some standards behind them and that of this on home values? Well, what has so many that this has happened, the families are not put at risk. been the effect of the foreclosure crisis whole neighborhood sees the decline. Mr. MILLER of North Carolina. I did on home values in Dayton? Mr. MILLER of North Carolina. You vote in October for the TARP, the bail- Mr. TURNER. Well it has definitely mentioned in your remarks the number out, and it was certainly a bitter pill gone down. And BRAD, you make some of people, the 2.5 million families who for me, having been one of the sternest excellent points. Now our community have already lost their homes to fore- critics of the industry for the whole in Dayton, Ohio, and the surrounding closure because of the subprime crisis, time I have been in Congress. I did it counties, Warren, Clinton and High- and you said the estimates are that because I thought there were exigent land, that are in my district, we are many more will. The estimate that I circumstances that I thought the coun- not an area of the country which saw have seen, the economists at Credit try was facing, but I said at the time these large spikes in property values. Suisse, was at 8.1 to 10.2 million fami- that we have to reform the industry. We had very modest property apprecia- lies. More families will lose their We cannot just get back to where we tion. What happened most of the time, homes by the end of 2012, in the next 4 were. We have to address the kinds of I believe, and the Montgomery County years. And if that happens, if we can’t practices that led us to where we are. Fair Housing Center has statistics do something to stop that, it is hard to Mr. TURNER. Exactly to what you where this has been proven out, is that imagine that anything else we do to fix said, one other thing that I want to through predatory lending practices the economy is going to work. That is talk about is the issue of how people and what I believe are also fraudulent going to be catastrophic for those fami- feel about this. lending practices, the loan-to-value lies. Those families will fall out of the There are people who live next to ratio got out of kilter. They would lend middle class and into poverty and prob- abandoned homes that went into fore- people more money than their house ably will never climb back out. But it closure, who have made their payments was worth. Structurally, you cannot is going to be catastrophic for the and have seen their property values maintain that. You are going to have a whole economy. drop, and they know that lenders took foreclosure if someone leverages their One further question, though. I have advantage of the families in their entire equity. talked about the relationship between neighborhoods, and those lenders are I will give you an example. Someone home values, the collapse of home val- part of where the tax dollars are going might have a house that is worth ues and foreclosures; but a family that for these bailouts. They want to know $70,000. A lender comes to them and has seen their home collapse in value is when are these lenders, when are they says, well, your house is really worth not going to be in any hurry to go buy going to be held accountable and $100,000. I will give you $10,000 cash out a new car or to buy anything they stopped from these types of activities. of your equity. And then they will don’t have to have. What has been the That is what your bill does. It goes to charge them $15,000 in fees that are effect of the economy in Dayton gen- saying we are not going to allow the rolled up and capitalized into the loan, erally? What has been the effect on the lenders to continue these practices. so the family now has a $100,000 loan on car dealerships and the retailers? Are Elements of your bill will have a huge a house that was worth $75,000. They you seeing an effect on the economy, impact on neighborhoods and families. got $10,000 to send their kid to college the retail economy, in Dayton as a Thank you for advancing it. or pay medical bills. But they are now whole? Mr. MILLER of North Carolina. sideways because the house really isn’t There has been a lot of hand-wringing worth $100,000. b 1945 by the political establishment, by the So if you have then an economic Mr. TURNER. Absolutely. In Ohio, political pundits, the populism—they event where they have difficulty in we have had significant job loss, and use the word ‘‘populism’’ as if it is making that mortgage payment, it is that goes to part of the economic crisis completely synonymous with the word different from economic downturns we that people are seeing. ‘‘demagoguery,’’ which it is not—the have had before. When we have had But when you have people’s home populist rage at what has happened in economic downturns before, people values drop, just as you said, they have the financial sector and the AIG bo- still had equity in their home. They less wealth. And when they have less nuses. might be able to sell their home or wealth, they are less secure, so they To me, I think many Americans they might be able to try to make the are less secure in proceeding with other know the kinds of practices that have payments on the lower value. But once purchases. gone on. It is not just mortgages. Cer- you have a loan on a house that is But an issue that also impacts them tainly it includes mortgages, but it is greater than its value, and people do is when the value of your house goes also credit card practices. Just 2 weeks not have the money to cut the check down because someone else has gone ago we had legislation that we have for the difference, they are going to into foreclosure, the value is not there now passed that would fundamentally walk away. And they are structurally and you are also stuck, unable to sell reform credit card practices. Many, going to have to leave that home be- your home. There are people now, who many Americans have had very dis- hind. The bank is going to foreclose because of the number of foreclosures tasteful and very expensive experiences and take it. You’re going to have this that have occurred in the neighbor- with credit card companies that left abandonment. hood, were holding onto their house, them furious at that industry, the And what you just said, BRAD, what and that has a suppressing impact on same industry. is really important, is the people who the economy also. If the value was still Overdraft fees. Overdraft fees. They live next to that house, who didn’t there, they might sell their home and don’t really affect the middle middle to have a predatory loan, who didn’t take move on. upper middle class. It is more people a loan out greater than their value, BRAD, I commend you again for your who really are struggling. When they now see their property values drop be- bill. Throughout the country, people get to the end of the month and there

VerDate Nov 24 2008 02:58 May 14, 2009 Jkt 079060 PO 00000 Frm 00076 Fmt 7634 Sfmt 0634 E:\CR\FM\K13MY7.159 H13MYPT1 rfrederick on PROD1PC67 with HOUSE May 13, 2009 CONGRESSIONAL RECORD — HOUSE H5565 is more month than there is paycheck, our families, you all have cut a wide what? The value of your house is going they might go beyond the amount of berth for us, and so I thank you for up and you will be able to do a refi- money in the bank. The lending indus- that. nance and you won’t have any problem. try has actually designed what they Let me say about the foreclosure cri- That man told me, Look, I have big call fee-harvesting software that sis, in many ways I come here some- credit card debt and medical debt, and batches the transactions, the checks, what embarrassed because we could I am starting to get notices that they the ATM visits, the debit card pur- have had a bill like this years ago. It is are going to foreclosure if I don’t make chases, that batches them in a way not as if you and Congressman WATT some payments to the bank. Unfortu- that maximizes the overdraft fee. And didn’t think of it. It is not as if the nately, time went by, November came, an overdraft fee is typically $35. Miller-Watt bill wasn’t on your mind I ended up being a Congressman, and If someone gets to the end of the back in the 109th Congress and 108th this man ended up being in foreclosure. month and has $100 in their bank ac- Congress. It was there, but it took this The sad fact is the people who are in count and they go to the ATM and get propitious moment to get as close as foreclosure, there are a lot of ingredi- $20, they buy something on their debit we are. And yet, we still don’t have a ents to this very sad cake; but one is card for $20, go back to the ATM and signed bill. We have a bill that has hard times and economic difficulty, get another $20 and make a $15 pur- passed through the House, and we have and two, bad loan products. The com- chase with their debit card, and then great hopes for it getting through the bination of the two makes for fore- another $25, and then write a $105 Senate, and we have even greater hopes closures. check, the software runs the $105 pur- to get it on the President’s desk for As we open up tonight, Congressman chase through first, and charges a $35 signature. But the moment that the MILLER, I am grateful to you and Con- overdraft fee on that and then a $35 fee American people are waiting for, which gressman FRANK, Congressman WATT, on the $20, the $20, the $20, the $15 and is to end predatory mortgage lending, Congresswoman WATERS, Congress- the $20. Americans are furious. that moment has yet to come. And we woman MALONEY, and all of the people And then they see the very industry have seen foreclosures that have ri- who have been leading the charge on that they think cheated them on their valed the Great Depression. That is this issue. mortgage, cheated them on their credit very disturbing to me. I want to keep it in mind that we are card, cheated them with overdraft fees, I want the American people to look not talking about just statistics. We they see their tax money going to help at this chart that we have here to- can tick off, in 2008, there were 2,417,000 save that industry from their own bad night. The number of new foreclosures foreclosures, but there was a life and a judgment. I think it is righteous anger, increased dramatically between 2005 family connected to each one of those. and I think we need to, as you have and 2008. That is precipitous growth in As we do this Special Order tonight, said, we need to reform the practices foreclosures. As foreclosures were we need to keep that in mind. that led us to where we are. going up, we also see human beings at- Mr. MILLER of North Carolina. Mr. ELLISON has returned. tached to each one of those fore- Thank you, Mr. ELLISON. Mr. TURNER. Before you turn to Mr. closures. Congressman, you know what I want to address a couple of other ELLISON, I do want to commend you for I am talking about. The stories can be points. One that is frequently cited, ar- this bill. It is very important. You are told. gued, that the people who signed those taking action that goes right to the Let me tell a story. I was knocking mortgages should have known better. heart of the crisis. I am pleased to sup- on doors one day and I saw a gen- Here is the reality. Economists call port it, as this House was, and we cer- tleman hobble to the front door to an- it asymmetry of information. In other tainly look forward to it proceeding. swer the door to talk to me. This par- words, one of the parties to a trans- Thank you for highlighting it today. ticular gentleman lived on the south action knew what was in the docu- Mr. MILLER of North Carolina. In side of Minneapolis. I heard a voice ments because they wrote the docu- these hours, it is typically the case come from deep within the house say, ments. They had their lawyers write that Members are filled with praise for Be careful, Honey, and it clearly was them. It was little print. It was one another, and I wonder sometimes his partner. And he hobbled up to the legalese. There was a lot of it. when I hear a Member say, I thank the front door anyway on a cane. And most Americans who may feel gentleman for his leadership, I wonder I said, How are you doing? smug that they didn’t sign a subprime sometimes whether he is actually He said, Fine. loan have probably gotten burned on a thanking for him for his leadership or I said, I’m running for Congress. I credit card, and they know what credit is just stalling to think of what to say want to go there and I am going to card contracts are like. And they know next. work on consumer justice. I am real that the bank wrote the credit card We are joined by Mr. ELLISON, who concerned about credit cards and real contract and they didn’t have any say has joined the Financial Services Com- concerned about predatory lending. in what was in that contract, and they mittee. He is now in his second term, He said, I hope you are, because let know that it was complicated and it and he has been a great friend and ally me tell you, I was on my roof trying to was designed to trap them and had lit- on that committee and a great advo- fix it. It is because I didn’t have the tle trip wires and whatever else. cate for consumers. money to fix it to hire a guy who really But the same was true of mortgages. Mr. ELLISON. Let me say, I do knew what he was doing. My wife told The Federal Trade Commission actu- thank the gentleman, but I do it in all me not to do it, but I did it anyway. As ally quizzed both prime and subprime sincerity. Congressman MILLER, you usual, she is right. I fell. I hurt my borrowers, people who got good mort- and Congressman FRANK and Congress- back, which I hurt years before, and we gages and people who got the toxic man WATT and Congresswoman WA- didn’t really have the money. It cost us mortgages right after closing, right TERS and Congressman GUTIERREZ and $1,800 for an emergency vehicle to come after they signed the documents, and it Congresswoman MALONEY have really get me. They got me there. I had a big was an open book test with their docu- been offering the kind of leadership on bill. I didn’t know what hurt more, the ments in front of them. They quizzed the Financial Services Committee that back or the bill. I didn’t have the them on what the terms of their mort- any freshman or sophomore Member money, so I put it on a credit card. I gages were, and almost nobody knew could only dream of. Any freshman or ended up getting another credit card, what they were signing. sophomore Member joining our com- and I started juggling these cards. And A half could not identify the total mittee could easily wonder where do I then when the mortgage payments amount of the loan. A third could not fit in and all this stuff, but you all came and I wasn’t working, I just identify what the interest rate was. have carved away so that those of us couldn’t keep up. That was with the documents in front who have a compassion for consumer Well, a few years ago we bought this of them. Two-thirds did not know there justice and for an America where we house and we had a huge balloon pay- was a prepayment penalty if they had have shared prosperity, not just for ment after 3 years. We thought we one, and 90 percent did not know the some of us but where all of us have an would be able to do it because when we total up-front cost. Up-front cost is opportunity to do well and take care of talked to the guy, he said, You know where predation lives.

VerDate Nov 24 2008 02:58 May 14, 2009 Jkt 079060 PO 00000 Frm 00077 Fmt 7634 Sfmt 0634 E:\CR\FM\K13MY7.160 H13MYPT1 rfrederick on PROD1PC67 with HOUSE H5566 CONGRESSIONAL RECORD — HOUSE May 13, 2009 b 2000 was a half a point higher interest rate finished law school and college and That was what predatory lending was than they qualified for based upon maybe even high school, a person who all about. their loan to value and their credit maybe works hard every day, and the And in addition to that, most bor- score, the interest rate that they idea of buying a home for them is a rowers, particularly subprime bor- earned by how well they paid their dream come true, maybe nobody in rowers—70 percent of the subprime bor- bills, the lender would pay the broker 1 their family has ever owned the place rowers got a mortgage broker. They percent of the loan. That was called a where they lived. And so they’re juiced thought mortgage brokers presented yield spread premium. up, they’re excited, and they really themselves as a mortgage professional. Now, I think most Americans hearing don’t understand the documents that Now they tell Congress that they this can’t believe that this was ever they’re signing. should be regulated like a used car legal. It’s still legal. The bill we passed The fact is, I think that this legisla- salesman—which is actually unfair to last week would prohibit this, would tion that you have helped shepherd used car salesmen because there are end it. But this means that even those through Congress is a long time com- some consumer protections in selling a borrowers who are trying as hard as ing. And we need people to really reg- used car. But they said they should they could, knowing that they were en- ister their support for a piece of legis- simply be a salesman. It should be tering into a complicated and impor- lation like this. I just want to ask you buyer beware; that there should be no tant transaction to buy a home or to a question, Congressman, because I particular protections. They shouldn’t borrow money against their home, who think it’s an important one. be treated like a lawyer or someone would try to get a professional voice, Now, someone might make the case else who has a fiduciary duty—I think someone to be on their side, someone that, okay, Congressman, you’re talk- a point that you made in committee. who would understand it and would ing about predatory lending a lot. Brokers were being paid not just by lead the borrower through it and find What about predatory borrowing; isn’t the borrower, but by the lender. And the best loan for the borrower, their it true that some of these people the worse the loan was for them, the trust is being betrayed. Now, if our bill bought loans that they knew they more the lender paid the broker. Now, passes, we will have finally ended this. could not afford? Well, what are your most Americans, when they hear that, But those who feel smug and say, well, views on that, given the fact that peo- just think that’s crooked. they should have known better, the ple were in fact steered to more expen- Mr. ELLISON. Will the gentleman odds were so stacked against them, sive loans, that mortgage brokers— yield? Was there an obligation to dis- they never had a chance. some of them, not all, some of them— close that I’m getting paid more money Mr. ELLISON. Would the gentleman did get paid to get you to pay a higher for selling you this loan, and it’s cost- yield? May I ask the gentleman a per- cost loan, that there were these things ing you more but it’s making me more? sonal question? like information asymmetries; what Was that part of the disclosure require- Mr. MILLER of North Carolina. Yes. does the reality of predatory borrowing Mr. ELLISON. How many homes ment? really mean? I yield back. Mr. MILLER of North Carolina. Yes. have you ever purchased in your life? Mr. MILLER of North Carolina. Mr. MILLER of North Carolina. Let’s It was one of the documents, it was one Some of our colleagues make that ar- see. I think three or four—four. gument frequently. It is an explanation of many documents that the borrowers Mr. ELLISON. Could you count them signed. And guess who handed them for the crisis that the lending industry all on one hand? loves. They welcome that explanation. that document and explained to them Mr. MILLER of North Carolina. I what they were signing? The broker. Here is the reality: As long as home could on one hand, yes. prices were appreciating, they didn’t And if the borrower asked, what is this Mr. ELLISON. How many mortgage have to pay attention to whether bor- I’m signing? What the broker would transactions does a mortgage broker do rowers could really pay it back or not say is, well, this just means that the in a given week? lender is paying part of my fee, saving Mr. MILLER of North Carolina. because the house would appreciate in you money. Quite possibly 10 or 15; I mean, a suc- value. The borrower, if they couldn’t So, yes, there was a disclosure. Was cessful broker. pay back the loan, they certainly it an effective disclosure, was it a dis- Mr. ELLISON. If the gentleman weren’t going to allow it to be fore- closure that really told consumers would yield back. So they do more closed, they would sell it. what was going on? No, it was not. transactions in a week than you have I asked those very questions of a Mr. ELLISON. If the gentleman done in a lifetime? spokesman for the industry at a hear- would yield one more time. So what Mr. MILLER of North Carolina. And ing just last year to Robert Story, who you’re saying is it was telling you that’s what they told the borrowers. was vice chairman of the Mortgage without telling you anything; is that This is my business—— Bankers Association. I asked if the right? Mr. ELLISON. Is that what you call cost of foreclosure is actually recover- I yield back. an information asymmetry? able by the lender out of the proceeds Mr. MILLER of North Carolina. Yes. Mr. MILLER of North Carolina. Yes. of the foreclosure sale. So if there is It was a nondisclosure disclosure. There was an information asymmetry, equity in the home, the lender recovers This is actually a rate sheet. This is which worked very badly for the bor- the cost; is that correct? He said, okay, from a lender that is now long out of rower, for anyone who is on the short as long as there is equity in the home, business, but this is how mortgage end of that information deficit, that in- it really isn’t an economic problem for rates were set. Across the top it shows formation gap. the lender, that’s right. He said, that’s the loan to value, what percentage—it Mr. ELLISON. So if the gentleman correct, but most people who have eq- might be 95 percent—and a credit would yield back. The bottom line is, uity in their homes don’t go into fore- score, how well a consumer or borrower you are a lawyer, you are a Member of closure because they can sell their paid their bills, what they had earned Congress, you have served in the North home because they have equity in their for themselves. Their reputation also Carolina State Legislature, you’re a home and they can reduce the price. As factored in. The industry used to call man, clearly, of ability and all these long as home prices continued to ap- that ‘‘character’’ as one of their con- things—I’m not just praising you gra- preciate, there was no way they were siderations in lending. tuitously, I’m just identifying the going to lose money even if a borrower And so on this sheet, a 95 percent facts—and here you walk into a trans- couldn’t pay back the mortgage. loan, a loan where the borrower only action to buy a home, and quite lit- And I asked that at some point, too, had 5 percent and the borrower had a erally you are at a disadvantage be- when we had the questions in com- credit score between 640 and 659 would cause the person on the other end of mittee again and again about preda- pay 7.55 percent interest. But over the transaction has done more trans- tory borrowing, people who are com- here, there is the payment that the actions in a week than you have in a mitting fraud. I asked Sheila Bair, the lender made to the broker called the lifetime. Chair of the Federal Deposit Insurance yield spread premium. And it says, if Now, imagine a person who is a first- Company, I asked on April 9, 2007, If the borrower signed a mortgage that time homebuyer, a person who has not lenders were really getting half of all

VerDate Nov 24 2008 02:58 May 14, 2009 Jkt 079060 PO 00000 Frm 00078 Fmt 7634 Sfmt 0634 E:\CR\FM\K13MY7.162 H13MYPT1 rfrederick on PROD1PC67 with HOUSE May 13, 2009 CONGRESSIONAL RECORD — HOUSE H5567 loans, subprime loans, without full in- Mr. ELLISON. Would the gentleman money is now gone. In the words of the come verification, do any of you—I was yield? Is there a commonly referred to country music song, ‘‘It’s in the bank speaking to a panel of witnesses—real- name for the kind of loans you are re- in someone else’s name.’’ And now ly think that no one buying those loans ferring to? we’re dealing with the fallout after really had a clue that there was a prob- Mr. MILLER of North Carolina. Liar this. lem? And Sheila Bair said, I don’t loans, yes. Sometimes they’re called But look at what it was back in the think they looked. It’s amazing to me; ‘‘Alt A,’’ that was Alternative A, that fifties and the sixties when our econ- investors who are holding the ultimate was the polite name, but they were omy was doing pretty well. We had a risk in the loans, and I don’t think also called liar loans. manufacturing base. The middle class they looked. I don’t think the rating I do want to talk about where we go was doing well. Their lives were im- agencies looked. It’s one of the break- from here. The bill that the House has proving. Their economic conditions downs of the system that we have. passed does reach a lot of the practices were improving. They were making Market discipline was not there, no- that have led us to where we are. It just ordinary profits of, you know, 10 body was looking. does limit the upfront cost, which is to 15 percent, not more than 40 percent. But I asked the panel after she said where the predators really made their The financial industry wants to go that, I said, Does anyone here think living was by soaking borrowers at the from where we are, which is that that the masters of the universe on front end, as Mr. TURNER talked about, they’re on taxpayer life support. But Wall Street who bought those loans what they made came out of the equity they want to go back to this. This is were really being played for chumps by in the borrower’s home. It was lost in not what we need to go back to. middle class families who were bor- the loan documents, but it was in the Mr. ELLISON, I know that you also rowing from them? And John Dugan, lending industry’s pocket by that support the legislation that Mr. the Comptroller of the Currency, said, point. DELAHUNT and I have introduced. I ac- I think there was a belief that income It requires disclosures that are actu- tually lost a coin flip. It’s Delahunt/ was no longer predictive of people pay- ally understandable. It requires stand- Miller instead of Miller/Delahunt. But ing the loans back, and you could rely ard forms that are actually developed in addition to what we’ve done to get on the history of house prices going up. by the banking regulators. They are at mortgage lending practices and And so they ignored it. And I think designed to be understood, not disclo- credit card practices to create a regu- that proved to be a very dangerous de- sures designed by the industry that are lator whose only job is to look at fi- cline in underwriting standards. nancial products, consumer financial Well, no kidding. And we’ve had designed not to be understood. It pro- products and look at those up front to story after story about how lax the un- hibits this compensation system that see if they’re fair to the consumer and derwriting standards were, about how rewards brokers for betraying the trust prohibit those that aren’t. little they did really to make sure that of borrowers. In addition to Mr. ELLISON, there are the borrowers could pay the loans back It requires that the lending industry several prominent supporters of this because it didn’t matter. not make loans to people who don’t The New York Times ran an article have a reasonable ability to pay it proposal. Joseph Stiglitz, a professor of on WaMu, Washington Mutual, one of back. It requires brokers to present economics at Columbia who’s won the the leading subprime lenders. And they borrowers with a set of options that are Nobel Prize. quoted an appraiser who worked with reasonably suitable to the borrower’s Mr. ELLISON. Elizabeth Warren. Mr. MILLER of North Carolina. Eliz- WaMu who said, If you were alive, they needs. If we had that bill in effect 5 abeth Warren. Robert Shiller who is a would give you a loan. Actually, I years ago, we would not have the crisis professor of economics at Yale, widely think if you were dead, they would still we have now. published, well regarded, seen as a like- give you a loan. Now, there has been a lot more con- There were memos to the originators tributing to the crisis now than just ly future winner of the Nobel Prize. He of loans from WaMu saying, A thin file subprime loans or even alternative probably has an economics status that is a good file. Don’t ask too many ques- loans, option arms, and all the rest, the the golfing world has, the best golfer tions. There was an article in the press exotic products—exotic mortgages is never to have won a major, and I hope in just the last week or two about a what Alan Greenspan called them. It that that status or that reputation for similar memo that JPMorgan Chase has gone well beyond that now. But Professor Shiller does not have the sent out to everyone who was origi- this is what precipitated it, this is same career consequences as that rep- nating mortgages, Don’t ask questions. what got it started. This was the utation in golf has. If you don’t want to know the answer, match that started the newspapers, But Elizabeth Warren, as you point if it might disqualify someone for the that started the kindling that started out, a professor of law at Harvard, is loan, just don’t ask. They weren’t wor- the hard wood. This is what started the probably the best known and most ried about people paying the loans fire of mortgage lending. vocal advocate for it. And she com- pares it to a toaster. That a manufac- back. Now, that was catastrophic for b 2015 the borrower because the borrower was turer of a toaster—you know, a con- going to lose the equity in their home But we have to go beyond this. sumer doesn’t know what’s on the in- if they had to sell their home. And Again, let me go back to this chart of sides of a toaster. And if a toaster man- once you’ve gotten yourself into the the financial industry profits as a ufacturer is just trying to make the middle class by buying a home, and share of U.S. business profits. It peaked most money that they can—she made God forbid you lose it to foreclosure, during the subprime heyday at more these arguments just earlier this week but even if you had to sell it because than 40 percent of all profits. This is on the Charlie Rose show—take out the you can’t pay the mortgage, you really when the lending industry is saying, insulation from the toaster, and the are falling out of the middle class. you know, we have to do these things toaster has maybe a one in five chance Some have argued that we haven’t to make credit available to people. If of catching fire. It’s more profitable for done anything about borrower fraud. you rein in what we’re doing, we just the manufacturer of the toaster. They We don’t have to do anything about won’t be able to make credit available would make more money, though the borrower fraud. There is already the to people, and you are going to hurt Consumer Product Safety Commission law of fraud that if the lender was real- the very people you are trying to help. is at least supposed to keep them from ly duped by the borrower, they could No. They were making a killing. doing that kind of thing. Why is there sue the borrower, but they would have This is gone now. This is in addition. not a regulator who looks in the same to show that they actually reasonably This is after all the vulgar compensa- way at financial products? That is Eliz- relied upon what the borrower told tion that we’ve heard about. In addi- abeth Warren’s analogy, and that prob- them. They weren’t relying on what tion to CEO compensation up and down ably rings true with a lot of people. the borrower told them; they were ask- the line, the financial industry pays But in my late and unlamented law ing to be lied to. And in most cases, the very well. Compensation in the finan- career, I did some insurance regulatory broker filled it out and just gave it to cial industry was almost twice of what work, and I can’t tell you how different the borrower to sign. Americans generally got. But this insurance is from lending. Insurance

VerDate Nov 24 2008 02:58 May 14, 2009 Jkt 079060 PO 00000 Frm 00079 Fmt 7634 Sfmt 0634 E:\CR\FM\K13MY7.163 H13MYPT1 rfrederick on PROD1PC67 with HOUSE H5568 CONGRESSIONAL RECORD — HOUSE May 13, 2009 has been regulated because there have al payment on time, never missed one. tion’s most deliberative body of debate, been abuses in the past. Before an in- And yet if your landlord didn’t use that at least it used to be, and I hope it is surer can offer a policy, the insurance money you gave him to pay that mort- once again, Mr. Speaker. commissions in the various States ap- gage on that building, you could find Having listened to my colleagues prove the policy form. What are you in- yourself kicked out without any notice here and identified, I think, the center- suring against? Do you have little at all. piece of this debate that’s taking place tricks in there that you aren’t really Some States have regulations, many in this country, I wanted to address, insuring people against what they don’t. This bill gives people 90 days Mr. Speaker, this evening the idea of think they’re getting? What is the like- from the date of foreclosure in order to where we stand with the broad eco- lihood that there is really going to be stay and make new plans for their nomic view that is what’s taking place a loss? And is the premium right? Is lives. in the United States of America today, the premium right? Is it not too high I think this is a critically important and then I’d like to take us back to so it gouges consumers? And is it not piece of legislation, very important where we are with the overall cap-and- too low so that insurance companies provision in the bill, and I’m glad it is trade, cap-and-tax, greenhouse gas, might make a quick profit but not a part of it. global warming, climate change debate have the money to pay claims when I know you’re going to have to wrap that’s going on. The language seems to claims come due? And that happened in up pretty soon, Congressman MILLER, be drifting and moving a little bit, Mr. the past. That’s why we have that reg- so I just want to yield back to you now. Speaker, on this. And I will go to the ulation, and that’s what’s happened Mr. MILLER of North Carolina. climate change component of this. now. Thank you, Mr. ELLISON, for partici- But first, Mr. Speaker, I want to ad- The financial industry has made a pating. dress this situation on where we are huge profit, huge profit. More than 40 We have covered a great many topics from a broad economic perspective so percent of all corporate profits by that I wanted to cover. There are many that there is a backdrop in order to these consumer lending practices. But more that we have not. The arguments think about how we go forward with now that the consumers can’t pay their that the Community Reinvestment Act policy and what is the right policy for credit card bills and can’t pay their of 1977 caused our financial crisis in the United States of America within mortgages, they’re stuck. 2008. the context of the world and the globe. The American people are not dead- Mr. ELLISON. Ridiculous. We are the global economic leader. beats. They’re stuck. They are working Mr. MILLER of North Carolina. Ac- We are a large percentage of the hard. And if anything goes wrong in tually, the Federal Reserve Board’s world’s economy. We have been leading their life, if they lose their job or statistics show that 6 percent of this world’s economy because we have, someone in the family gets sick or if subprime loans were by lenders who are, or were a free market economy. they go through a divorce, they really were subject to the Community Rein- And the foundations for American don’t have much room to play. And vestment Act—not all lenders were, or exceptionalism should be clear to ev- they’ve got to be able to borrow just those with federally insured depos- eryone on each side of the aisle. money. its—and were in the neighborhoods Of course that foundation is rooted But the industry made a killing, and where the Community Reinvestment back in the philosophy that is the now they’re getting bailed out. I don’t Act encourages savings. And all the foundation for our Constitution, which want to go through a cycle of making evidence says that that 6 percent per- is the Declaration of Independence. It’s a killing and getting bailed out, mak- form better than others. rooted in the natural law and the nat- ing a killing and getting bailed out. So it is not that that is exaggerated. ural rights that come from God and Let’s have a set of regulations in It is completely untrue. There is no that our founders all unanimously rec- place that provides the American peo- truth to that argument at all. ognized. And as they took those prin- ple the kinds of financial services, the If we had longer, we could talk about ciples and laid them out in the Dec- kinds of financial products that really the role of Freddie and Fannie. Cer- laration of Independence and then later meet their needs and doesn’t produce tainly they are blameworthy. They on, about 13 years later, were able to this kind of profit, that really produces acted badly, but they did not lead the get that language into the Constitu- the kind of profits we had back in the financial industry into this crisis, as tion and get the Constitution ratified manufacturing days, back when the has frequently been charged. and give birth to a nation, what made lives of ordinary Americans and the What led the industry into this crisis us such a great nation? Why didn’t we middle class was improved. was the pursuit of profits and not an wallow back into the problems that so Mr. ELLISON. Well, let me say, I’m honest living but a killing. Not an hon- many other nations have had? What proud to be on that bill with you. I est living by providing services to peo- distinguishes the United States of think that Elizabeth Warren, Professor ple who needed it, credit to people who America from the other countries in Stiglitz and Professor Shiller are all needed it on reasonable terms but a the world? brilliant for coming up with the idea. killing by cheating people. And we Now there have been powerful econo- The fact is, if you look at many of can’t go back to that. mies in the world. There have been these mortgages, they were not safe at What we need to do now is not just powerful cultures and societies. The any speed, to borrow a phrase from climb out of where we are but try to re- Founding Fathers studied a lot of Ralph Nader. store what we had before. We need to those. They looked at the Greeks and The fact is, if the only way that this reform the industry and the consumer the Romans, for example. They didn’t mortgage, quote-unquote, works is if lending practices. have the opportunity to take a look at you can refinance it in 3 or 2 years, Mr. Speaker, I don’t think I have the former Soviet Union, but they then that is a mortgage that doesn’t much time to yield back, but I do yield would have taken a lesson from the work. It’s designed to end up in fore- back the balance of my time. former Soviet Union. It seems as closure but for a very shaky assump- f though many Members in this Congress tion. have missed that little history lesson, If the gentleman would allow me to ECONOMICS AND ENERGY even though they lived it as contem- mention in our waning time, I would The SPEAKER pro tempore (Mr. poraries. also like to say this about the bill we KRATOVIL). Under the Speaker’s an- But these foundations of American just passed through the House. And nounced policy of January 6, 2009, the exceptionalism, many of them in the that is that many of the properties gentleman from Iowa (Mr. KING) is rec- Bill of Rights, the right to freedom of that have ended up in foreclosure are ognized for 60 minutes. speech, religion, expression, assembly, not homeowner-occupied. In other Mr. KING of Iowa. Thank you, Mr. a right to keep and bear arms, a right words, they’re multifamily dwellings. Speaker. to property that was diminished, I They’re investor-owned. And in many I am honored to be recognized to ad- think to some degree, by the Kelo deci- States across our country, you can be a dress you here on the floor of the sion in the Supreme Court about 3 tenant who has paid every, every rent- House of Representatives in this Na- years ago when they struck three

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And the rest of the three words ‘‘for public use’’ out of the folded, these things happened, those world looks on full of awe and respect Fifth Amendment to the Constitution pillars that came together at that time and sometimes some trepidation be- of the United States. That’s the effect flowed from Western civilization, be- cause they are really not sure what’s of their decision. And that, Mr. Speak- came the embodiment of Western civ- coming out of the United States of er, isn’t just me. That was my inde- ilization. And while that was going on, America. And, Mr. Speaker, I will tell pendent conclusion and analysis from this robust people that had these new you that I’m at the point now where I reading the Supreme Court decision rights that came from God and this am not very sure either on how this later on after I spoke on the floor on right to property and a right to return has drifted. the issue, and as I prepared to rebut on their investment, these new rights But as I watched this economy that the now Chairman of the Financial that were there also matched up with a needed to take a correction because Services Committee from Massachu- continent that was almost unlimited in there was a housing bubble in this setts (Mr. FRANK). So I listened to him natural resources and a continent that economy, Henry Paulson, then Sec- in preparation to—generally I would was being developed by a country that retary of the Treasury, came to this disagree with him on most everything kept taxes low, regulations low, and in Capitol on September 19, 2008, said, I that comes to this floor. This time he many cases nonexistent so that the re- have got to have $700 billion. I’ve got and I agreed verbatim. And I read later ward was there for the entrepreneur. to have it right now, and I’ve got to on Justice O’Connor’s dissenting opin- And that culture, that tradition, and pour it into the economy, and I’ll pick ion, which also was right down the line those rights that are the foundations up this toxic debt and we’ll do what we with the position that Mr. FRANK and for the success of this great country can to stop this impending free-fall of myself and many others—the Supreme are being eroded today at a pace faster this economy. Well, after more than a Court had undermined property rights than anytime in the history of the week of running around this Capitol by their Kelo decision. United States of America. and out to the White House and doing But that is one of the major keys to Now, we saw these lessons of these press conferences and pressing this American exceptionalism, that right to failed countries, and we saw Rome rot Congress to appropriate the $700 bil- keep and own property, ‘‘nor shall pri- out from within and corruption that lion, we sure saw the economy go into vate property be taken for public use pulled it down. It couldn’t hold itself a tailspin in a hurry, and some of it ac- without just compensation.’’ together because of the corruption that celerated by that kind of activity. And But in New London, Connecticut, was within Rome. We saw the nation I would have preferred that that would they took private property and they states arise. They started out to be have been back-channel discussions transferred it over to another private city states, and then to the limits of that could have been kept at a low key entity, a development corporation, for the languages also went the borders of so that we didn’t see this economy the sake of what they considered to be the countries and the nation states of react the way it did. But it did. And a better public interest because they Europe over the last 250 years or so. when we saw the stock market spiral could collect more tax dollars from the And they fought wars that were clashes downward, a correction that at least in developed property rather than the of cultures and economies to determine part needed to be made, and globally as lesser-developed property. the boundaries and the borders of the the world lost its confidence in our fi- It was a flawed fundamental con- nation states. But still over the last 200 nancial institutions, we had the real stitutional principle that they made or more years, the nation state re- risk of our financial institutions going that decision upon, and now we’re see- mains as a very essential successful in- under during that period of time, Sep- ing an incremental encroachment upon stitution on this planet. The nation tember, October, November, December, other property rights in this country. state that looked out for the interest January of this year, and into Feb- But property rights being one of the of its citizens, the nation state that ruary. As that instability hung in pillars of American exceptionalism, I had clear borders, the borders that usu- there, while that was going on, we were laid out those other points. Many of ally went out to the limits of the lan- a nation that I think overreacted, Mr. them are in the First Amendment, the guage itself because that’s what de- Speaker. Second Amendment. fined the common interest of the com- Some of the things that happened as But there are other reasons. One is mon people, and to a lesser degree that the economy spiraled downward were that this Nation was founded by a ro- does so today, but it’s been a founda- people on the floor of this Congress and bust people that skimmed the cream of tion of a nation state. in our committee and back in our the crop off of the donor nations as im- And this nation state of the United meetings and talking to the press be- migrants came to the United States States of America, this unique experi- ginning to tell America, Well, I guess with a dream. It was hard to get here, ment that brought people from all over that tells you what capitalism does for and yet there was so much to be gained the world and put them in here on this us, arguing that capitalism had failed and achieved when they arrived here. country with these nearly unlimited and that’s why the economy was spi- And they didn’t all make it. Some of natural resources, with the low taxes raling downward. them failed. Some of them went back and the low or no regulation, and a cul- Mr. Speaker, no economy has ever to their home country. Some of them ture that was rooted in religious free- matched this economy in the United didn’t make the cut at Ellis Island. dom that had at its foundation Christi- States of America. We have overcome About 2 percent were turned around anity and the work ethic that comes far greater burdens than this one we’re and put back on the boat and sent back from the Protestant work ethic and the under today. The Great Depression of to Europe back in those days, 100 or so Reformation, those things that flowed the 1930s was a larger burden than the years ago. within that culture, this country be- one we’re under today, at least by any came a giant petri dish that was teem- measure that we can do currently. We b 2030 ing with success. That’s American don’t know what’s going to happen to- But those that stayed, many of them exceptionalism. It’s who we are. That’s morrow, next week, next month. By exceeded their own expectations. The why the rest of the world has had trou- this time next year, we’ll look back success of the vitality of newly arriv- ble keeping up with us. That’s why the and we ought to have a pretty good ing immigrants in this country was an- rest of the world doesn’t match up with idea. But this free enterprise economy other one of the foundations of Amer- us in patents or trademarks or copy- has recovered and bounced back in the ican exceptionalism built upon these rights. That’s why the rest of the world face of difficulty after difficulty. It constitutional rights, including prop- hasn’t matched up in the growth of took us through the recessions of the erty rights, built upon free enterprise their economy, they haven’t matched 1800s. It took us through the Civil War. capitalism. That desire to succeed and up militarily, they haven’t matched It brought us through the Spanish-

VerDate Nov 24 2008 02:58 May 14, 2009 Jkt 079060 PO 00000 Frm 00081 Fmt 7634 Sfmt 0634 E:\CR\FM\K13MY7.165 H13MYPT1 rfrederick on PROD1PC67 with HOUSE H5570 CONGRESSIONAL RECORD — HOUSE May 13, 2009 American War, World War I, World War stepped down as Ambassador to the Germany and Poland and Romania and II, the Korean War, Vietnam, and the United Nations. the Baltics. And all the way across Cold War. Mr. Speaker, when you think about Eastern Europe, country after country, In fact, Mr. Speaker, of all those this and come to a realization that a Czechoslovakia, became free. Most of things that we had been through, in- country like the Soviet Union that was that bloodlessly. cluding the Great Depression, which I in an arms race, building missiles big- The Berlin Wall began to come down briefly mentioned, the Cold War itself ger, more of them, and building them November 9, 1989, the date that the is a perfect model of what this free faster than they ever had before, pour- Russians stopped requiring the East market economy can do because Ron- ing a high percentage of their gross do- Germans to defend the wall. And they ald Reagan looked across at the Rus- mestic product, which is an all-con- started to take hammers and picks to sians, called them an ‘‘evil empire,’’ trolled economy in a socialist/com- chop that wall apart, and people which they were and are increasingly munist economy—I’ll just call them a climbed over the top, and they were on becoming again, and he went to Berlin communist nation. Their communist both sides and they were celebrating, at the Brandenburg Gate and he said economy was trying to produce enough and families were reunified. The liberal ‘‘Mr. Gorbachev, tear down this wall.’’ wealth that they could match up media in this country saw that as fam- We didn’t know at the time how against the United States and enter ily reunification. What they didn’t see, much was going on behind the scenes, into an arms race and defeat us in an and it took them a very long time to how much was going on back channel. arms race so that we would be looking understand it, was that the Berlin Wall But we know, looking back in history at so many nuclear-tipped, multiple represented the Iron Curtain. It was and this being reported in the news, nuclear-tipped warheads that we literally the Iron Curtain. It was a con- that in the nuclear defense negotia- couldn’t hope then to defend ourselves crete wall that went around the people tions that were to take place in against the Soviet Union and we that lived in West Berlin and trapped Reykjavi, Iceland, Ronald Reagan couldn’t hope to mount enough mis- them in, a cage, a fence around the walked out of those negotiations be- siles to provide a deterrent to them. people that lived in West Berlin. But it cause he couldn’t get a settlement with Mutually assured destruction. The So- was literally the Iron Curtain. And the Soviet Union. And the press excori- viet Union was determined that they when it started to come down, when ated President Reagan for being—I were going to be in a position where the Berlin Wall crashed, so did the Iron don’t remember the exact language. they would assure our destruction and, Curtain crash. And as it came down, Today they would say ‘‘cowboy diplo- with the power of that, they would people realized the Soviet Union can’t macy,’’ if they called it diplomacy at then cause the United States to back make East Germans shoot East Ger- all. They believed that Ronald Reagan down and recede diplomatically and mans for crossing that line any longer. had put this world at risk by walking that the Soviet Union would be able to They can’t enforce it themselves be- out of those negotiations. But Ronald advance themselves around the world cause they don’t have the economic ca- Reagan wasn’t about to give up our na- and exert their influence into country pability to do that. They couldn’t sus- tional security for the sake of getting after country and begin to dominate tain their military. Their military was along with people who had lined them- the world because of the military rotting out from within as their econ- selves up against us to be our opposi- threat that they would be to the free omy had rotted out from within be- tion in the world, to challenge the world, particularly the United States, cause you can’t have a managed econ- United States for the title of this world the military threat that they were in omy that can compete with a free mar- superpower. And for a long time, we Europe itself, lined up, remember, with ket economy, Mr. Speaker. went along running in parallel with the the Berlin Wall standing. It was an- Soviet Union competing against the other 5 years before the Berlin Wall b 2045 United States for which nation would came down. That’s the difference, and that’s the be the preeminent superpower. All of this dynamic is going on, and essence of the victory that the United Jean Kirkpatrick was Ambassador to the Cold War is being fought, some say States, with some of the help of the the United Nations during the early without firing a shot. That’s really not rest of the world, brought down the So- part of the Reagan administration. And true, but without firing a lot of shots viet Union. The Soviet Union col- I believe after 2 or 3 years, she was pre- in relation to the billions and billions lapsed. The satellite states claimed paring to step down from that role. that were invested. The Cold War was their own independence, and there was And as she retired as Ambassador to not a shooting war. That’s why we some blood in a place like Romania the United Nations, she explained called it the Cold War. But it was a when Ceausescu was executed, if I re- something to America that when I read clash of civilizations. It was a clash of member, he and his wife executed by that on Page 3 or 4 of the paper that cultures. It was a clash of economies, the mobs of Romanians who desired to day, a tiny little clip, actually, it set- Mr. Speaker. And as the economy of have their freedom, finally. tled in for me the picture that Jean the United States competed with the But most of Eastern Europe was Kirkpatrick had drawn, Ambassador communist economy of the Soviet bloodless. It was essentially bloodless Kirkpatrick had drawn, and it was this. Union, and it has still a vast amount of in Germany for the wall to come down Now, remember we are in the middle of resources and should have had enough and free people, to welcome people that the Cold War. We’re perhaps at the people to produce enough wealth to be had been in slavery, in the slavery of a height of the Cold War with the max- able to match up against us in an eco- Communist-controlled managed state imum amount of tension that’s being nomic/military contest, the United for all those years, since the end of the brought to bear because Ronald Reagan States economy dominated that of the 1940s, and until such time as you had is doing the thing that the leader of rest of the world and produced enough the Berlin airlift. the free world would do, and that is wealth that we could grow our econ- And one of the things that happened playing some negotiating omy and at the same time take on and on one of my trips over there into Ber- brinksmanship but knowing the card compete with the Russians in the de- lin, we had a tour guide who I will call that he holds and having a pretty good velopment of our military capabilities her a young lady, younger than me. idea of the cards that the Russians are globally. And at a point the weight and She was a young lady when the wall holding. But Jean Kirkpatrick de- the burden of trying to compete came down in 1989, and she told us how scribed this conflict of the Cold War against this United States economy when they were able to go over the this way: She said, What’s going on is brought about the economic collapse of wall and go into West Berlin and go the equivalent of playing chess and Mo- the Soviet Union, which brought about into the shops and stores and see what nopoly on the same board, and the only the political collapse of the Soviet they had, see the food that they had, question is, will the United States of Union and their satellite states, which the clothing that was there, the appli- America bankrupt the Soviet Union softened and prepped the landing zone, ances, so many things that they didn’t economically before they checkmate so to speak, or softened the area so have as part of their lives in East Ger- the United States militarily? That was that the Soviet Union could no longer many or part of their lives in West Ger- the question that she laid out as she hang on in their satellite states like many.

VerDate Nov 24 2008 02:58 May 14, 2009 Jkt 079060 PO 00000 Frm 00082 Fmt 7634 Sfmt 0634 E:\CR\FM\K13MY7.166 H13MYPT1 rfrederick on PROD1PC67 with HOUSE May 13, 2009 CONGRESSIONAL RECORD — HOUSE H5571 And the contrast in the western part their own business, their own health But the human nature component of of Berlin versus the eastern part of care, their own education. this, the component that realizes that Berlin was so stark, she told us that So they want to take that all out of if you don’t work, you shouldn’t eat, they went out and bought all of the the hands of the individuals of this that was how we settled our—the Pil- wild colorful clothes that they could country and put it into the hands of grims settled it here. They would have find, the reds, the oranges, the greens, the liberal bureaucrats who know best, starved to death if it hadn’t been for the bright yellows, all of those bright the nanny state managers. that. So they let the people keep the colors, and they dressed themselves in And the great lesson throughout his- proceeds of their own labor. And then the brightest colors possible. They tory has been, even if you have smart those that were needy lived off of the didn’t have access to those. They were people at the top, if you have smart alms of those that were good pro- wearing drab, bleary clothing. people at central planning, and they ducers. And they were helped in pro- But all this bright clothing was come out with a 5-year plan—and in portion to their effort by the alms of available. Anybody could dress in the the collectivist state of the Soviet the producers, and it made this a far West any way they wanted. They could Union, they had collective farms. And more productive Nation. have access. You would find in the so they just simply made a 5-year plan And our job here, Mr. Speaker, needs stores whatever the free market would and they said, all right, here is what to be, it needs to be to improve the an- demand, because the free-enterprise it’s going to be, 5-year plan. This field nual average productivity of all of our economy produced the kind of clothing will be wheat. This one will be barley. citizens. If we do that, if we raise our people wanted to wear. And the East This one will be hay. This one lays fal- average annual productivity of all of Germans surely were so glad to have an low. I don’t think they raise much corn our citizens, we will raise the gross do- opportunity to go into West Berlin as over there, Mr. Speaker. I would bring mestic product of the United States. the wall went down on November 9, that up. If our productivity goes up, if mine 1989, and buy up this bright clothing And they managed it with as good of goes up, if my neighbor’s goes up, then and proudly wear this bright clothing a skill as they could produce. But out that wealth is accumulated into our wherever they went. of the government management comes economy, and it spills over and it Because it was a symbol that said, I some corruption, a tremendous amount blends into other businesses, and it have my freedom back, a freedom back of inefficiency. And if people are not lifts their profitability. And if they are they weren’t born into. They had been rewarded for their labor—we learned working and producing, they will have born since they lost their freedom. this in the first settlements of the more opportunity at success. They had their freedom back, and they United States—then if they are not re- But if they are not, if they are hang- gloried in the demonstration of that to warded for their labor, they are not ing back, if they are not responsive, if be able to wear colorful clothes. going to work the same way they do if they have a bad attitude about how Wherever they went that sent the they get to achieve the different fruits they do their work, the customers will message, I’m free, and I can dress as I of their labor. stay away from them. Their businesses like. I can do as I like. I can speak as And so the Russians began to take will not thrive. The bosses who are able I like. I am free to succeed. I am free to their labor and let some of the crops to hire good people because they want achieve, free to be educated in the way rot in the field. Where I come from, on to pay good wages and good benefits to I want to be educated. an October night that’s clear and still, good people can go off and cherry-pick You know, the people who have and if the humidity is right, you can from those bosses that don’t pay good achieved their freedom most recently drive across that flat countryside at wages and don’t provide good benefits in that part of the world are the ones night, 9, 10, 11, 12 o’clock, 1, 2 in the and don’t respect their employees. that love it the most. The Czechs went morning. I have been in this business, in the to the square in Prague and stood there And if it’s the right night, the hu- construction business, for nearly three by the tens of thousands and held their midity will make it so the soybeans decades writing payroll checks and in- keys up and rattled their keys. Tens of aren’t too tough and you can look from vesting money in heavy equipment and thousands of them rattling their keys, horizon to horizon. And you can see the going out and doing jobs, and we have Mr. Speaker. yard lights of the farms that are there, always looked out across the available And that noise, that persistent noise, and you can see the combines that are labor pool and tried to find the best Vaclav Havel and others brought about running in the fields, with the trucks people we could find. freedom in Czechoslovakia in a blood- that are out on the roads taking the And we wanted to pay them a good, less fashion. They achieved that free- grain off, and the tractors with the going wage, and we wanted to give dom later on. They separated the coun- grain carts that are shuttling those them the kinds of benefits and the try in the Velvet Revolution, a blood- soybeans over to the trucks, sometimes package so they could have what they less revolution. in the field, sometimes in the road. needed. They wanted a job that they And they are quite proud of being But you can see they will run all can go to, that they can take pride in, able to come to these conclusions by night. They will run till the beans get that they can continue to develop their the voice of the people, emulating the too tough or the bin is full and their skills in, and they want to have the freedom that we have had here since storage is full. They have got to stop kind of environment where they can 1776, ratified in 1789, Mr. Speaker. and process and then go back again. raise their family and take care of So I look at that part of the world, But the Russians did it a different them and have some time to spend the part of the world that has been the way. They didn’t let the people have with them so that it’s really worth the part that has generated the utopian the fruits of their labor. And so when trouble. philosophers, those philosophers that their 8-hour shift was up, or whatever This is what a free enterprise econ- shaped the ideas of socialism and com- they worked, they would park the com- omy does. If you allow the businesses munism and national socialism and bine, park their tractor, park their to succeed, they will then take advan- fascism. These utopian philosophies truck, and they wait until the clock tage of that and succeed. emerged from that part of the world, ticked again. And then they would If this Government taxes them out of thinkers that came from there. start to work again, if they showed up. existence, that’s exactly what will hap- But they believed that they could set And a lot of them didn’t. pen. Our businesses will diminish, and up the perfect society and control it But the inefficiencies that grow when they will spiral downward out of exist- and manage it. And the part that’s al- you start guaranteeing a people a liv- ence. ways been missing on the part of the ing and they are not tied into having a If we regulate our businesses too utopianists, those managers, those share of the profit are the kinds of much, then we will diminish their ef- elitists, they think that they know things that we are starting to see in fectiveness and put a burden on the best for people and that they think this country more and more and more; overhead that is a fixed cost that that an average common person, they less accountability for production and weighs down everything they do and believe, doesn’t have the capability of more demands on the labor of some- makes it harder for them to compete making decisions for their own job, body else. against their domestic competitors

VerDate Nov 24 2008 02:58 May 14, 2009 Jkt 079060 PO 00000 Frm 00083 Fmt 7634 Sfmt 0634 E:\CR\FM\K13MY7.168 H13MYPT1 rfrederick on PROD1PC67 with HOUSE H5572 CONGRESSIONAL RECORD — HOUSE May 13, 2009 here in this country and harder for I would take it further than she did. b 2100 them to compete against foreign coun- I think she took it as far as she could As I listened to the President speak tries as well. in that environment at that time. I here in this Chamber, not that long And if we weigh down existing busi- would follow the Margaret Thatcher ago, speaking before a joint session of nesses with taxes and regulation, the model, and I would start to privatize Congress, and as I listened to him emerging entrepreneurs, the budding these government monopolies. Well, speak before our conference, I looked businessmen and women, the people that first part of the equation worked through the speech, and as I marked it that have the idea, the people that for the Mexicans. They understood up, sitting back here about 20 feet from have the dream, the people that want that. where I stand right now, Mr. Speaker, to someday be the one that signed the They understood that they needed to I found seven or eight clear ambigu- front of the paycheck instead of the privatize the government-run monopo- ities in the President’s speech—the back of the paycheck, create as many lies like telecommunications, let’s say kind of phrase that, if you believe we jobs as possible, pay as many people as cement manufacturing, certain retail ought to produce energy in order to possible, that group of people takes a outlets, the list goes on, utilities. I have an economy that can compete, look at the regulation and the burden think utilities of all kinds. They came you could hear in the President’s words of government and too often they de- to the conclusion they wanted to pri- that’s what he wants to do. cide the juice isn’t worth the squeeze, vatize because government itself was But if you believe you wanted to shut that going to work for the government inefficient, how a government monop- down the energy production in America is the better choice because, after all, oly was utterly inefficient, that it in order to drive the prices up so that the government check will always be begged for corruption—and they had industry would use less, the consumers there, the benefits will always be there. plenty of corruption, still do—but they would use less, so that our economy The stress load there is probably not only went half as far as they needed to would be constricted and chase the jobs going to be as great. go. overseas and all of this fallout that Probably you can’t measure your When they privatized, they privatized some of the people on that side of the achievements the same way you can the government-run monopolies into aisle don’t seem to understand but can- measure them in the free market sys- private-sector monopolies so that peo- not hardly deny, but if you’re one of tem, but if you want to raise your fam- ple like Mr. Slim could run the entire those environmental extremists that ily and come back home and crack a telecommunications industry in Mex- wanted to shut down energy produc- beer and watch the news at night, ico and take the capital and invest tion, you could find that in the Presi- maybe a government job is for you. We across the world. dent’s speech, the same phrase that I need good people in government, too. Now, the shortfall of this is that a could find that we need to produce But when we raise the salaries and ben- government-run monopoly is almost more energy. efits package and we lower the respon- the most inefficient kind of a business Now that’s just one example. There sibility level, and when we fail as a model that you can produce if you were seven or eight of those. The mas- government to measure the produc- want to provide services to people at a ter of ambiguities is now the resident tivity, the output of government em- competitive price so that they can live of the White House and the leader of ployees, then we are creating a sce- a good lifestyle and they can have the Free World and the Commander in nario by which people are not excelling some disposable income to spend some- Chief of our military and the master- to the level that they might if they where else. mind behind the economic changes were in a competitive environment. The second to the last thing you that are taking place here in the But business has to produce in a com- would ever want would be a govern- United States. The man who said petitive environment; government does ment-run monopoly, because they are that—well, he said that he wants to not. Government has a monopoly. inefficient, and there is not an incen- reach out—here’s what he said, Mr. Now, to thread an analogy in here, or Speaker—one of the things that he I should say an anecdote, in a fairly re- tive there to compete. But the Mexi- cans stopped short of where they need- said. cent trip down to Mexico City, and I He said, ‘‘Under my plan of cap-and- ed to go, and they just transferred sat with a number of government offi- trade system, electricity rates would these government-run monopolies into cials and business leaders there, at one necessarily skyrocket. That will cost private-sector monopolies, which is the point I was sitting at a diplomatic money. They will pass that money onto only thing I can think of which is table. And as I looked around the room consumers.’’ Necessarily skyrocket, worse than a government-run monop- and each one introduced themselves, I Mr. Speaker, my plan of cap-and-trade. oly. realized that there were many rep- It’s the President’s plan of cap-and- resentatives of the monopolies in Mex- If you hand someone a monopoly in a trade. These are exactly the words that ico sitting at the table. market that is not a regulated market he used back when I don’t think he ex- And they all wanted to make sure and he has the entire market, he has pected to be elected President, in Janu- that they were not a political target, cornered everyone, and he can set the ary of 2008, meeting with the editorial but the richest man’s name in the price for a phone call, or they can set board of the San Francisco Chronicle. world is Slim, S-l-i-m. Doesn’t sound the price for a cubic yard of cement, or Now I can imagine what that’s like. like a Mexican name to me, but he is they can set the price for the elec- You would be sitting in San Francisco, from Mexico. The reason he is the rich- tricity that’s generated without any tempted to say things to the San Fran- est man in the world is because he has check or balance on it. cisco Chronicle that you thought the a monopoly on the telecommunications And so a privatized monopoly is people in San Francisco would agree in Mexico. He gets paid for every phone worse even than a government-run mo- with and probably that the Speaker of call that gets made in that entire coun- nopoly because it incorporates so many the House from San Francisco would try. of the—there are no restrictions there, agree with. And I’m convinced that our And with the capital that he makes and the desire for profit, actually the Speaker of the House would maybe not from that, he can invest in other tele- need for profit, gets added on to the agree with this analysis but would communications in other places around government entity. agree with the plan of cap-and-trade the world. So he’s got a protected mar- So we are here now with an economy system. ket that’s a monopoly. that is being shifted dramatically by a But here’s what’s predicted: Elec- And some years ago the Mexicans un- majority of Democrats in the House of tricity rates will necessarily sky- derstood that their state-run enter- Representatives, a majority of Demo- rocket, and that will cost money. And prises were a burden and that they crats down this hallway in the United it will be put onto the backs of con- were inefficient because they were mo- States Senate, and a President who sumers. nopolies. They were government mo- was elected, I think, with having been Well, that wasn’t an ambiguity. That nopolies. So I would look at a situation rewarded for the most masterful skills was before the ambiguities had been like that, and I would follow the Mar- in the history of America, of the lan- completely mastered by the now-Presi- garet Thatcher model. guage of ambiguities. dent of the United States.

VerDate Nov 24 2008 02:58 May 14, 2009 Jkt 079060 PO 00000 Frm 00084 Fmt 7634 Sfmt 0634 E:\CR\FM\K13MY7.169 H13MYPT1 rfrederick on PROD1PC67 with HOUSE May 13, 2009 CONGRESSIONAL RECORD — HOUSE H5573 This man is driving the reaction to years, and it will change again and State of Washington, Dixy Lee Ray. the economic downward spiral. This again and again, and it will change to- She starts her book out by saying, In man is driving the cap-and-trade argu- morrow. the year 1900, the Earth was a very ment. This man is pushing a hardcore But the climate change people that smelly and dangerous place. And she leftist agenda. were former global warming people wrote about the disease and the pollu- Cap-and-trade; what is it and why do that are now climate change people are tion that was there, the garbage that we have it, and can you find anyone on going to argue that the Earth is going got dumped out of the windows onto the street who can explain the science? to get warmer, and there’s all kinds of the streets, how the sewage ran in the I would like to see investigative re- calamities that come out of a warmer streets, and how disease was rampant, porters of all stripes—the San Fran- Earth. And the Earth can get—what’s and the water wasn’t clean, the air cisco Examiner, Sean Hannity—you the most extreme—4.6 degrees Fahr- wasn’t clean, the soil wasn’t clean. name them. Reporters from Chicago or enheit warmer over the next 100 years. But as that all took place, she com- L.A. or Dallas or Des Moines go out on Maybe only .15 degrees or so. Depends pared 1900 with the late 1980s or so, as the streets with an action cam and on which model. the book was put together and drafted carry that camera around with a But they didn’t make a model 10 and I think published around 1990. Dixy microphone and ask people to explain years ago that can predict where it is Lee Ray. this idea of global warming. Explain 10 years today or they would have She made several statements, God the science. never used the term global warming in rest her soul, she had a clear idea on If you remember, sometimes they the first place. If they had a model 10 this. And she said that technology al- will walk along and they will interview years ago, if they had a model in the ways improves our quality of our life people—often on the streets of New middle of the Al Gore era. and our lifestyle. All the improvements York City—and they will say, Who’s Let me take us back to—Al Gore was that we have—we figured out how to the Vice President of the United competing for President in 1992. He drill for wells and purify water and put States? And they will give every name didn’t win that nomination. But when it in pipes—clean, sanitized pipes, and except JOE BIDEN, today. He is a little he debated as a Vice Presidential can- send it off into all of our houses. We hard to find. I understand why they didate, he matched up against—let me didn’t have water at the turn of the might not know. But after 8 years of see, Dan Quayle. Dan Quayle said, You century, 109 years ago. We surely did Dick Cheney, you think they would are asking for $100 billion a year to be the latter part of the 20th century. have known. A lot of them didn’t. They spent on global warming, on environ- And clean water was a big thing that don’t have the basics there. ment, on this climate change piece. ensured a lot more health because peo- But I’d like to go to Central Park And Al Gore said, No, I didn’t say that. ple weren’t drinking bacteria and ni- and put the action cam out with a And I don’t remember the page num- trates and catching a disease from microphone, Mr. Speaker, and ask ber anymore, but I’m going to guess, their drinking water. I remember going up to Fort Niagara them, I don’t understand the science Mr. Speaker, because I remember up near Niagara Falls on one of the around this global warming. Can you former Vice President Dan Quayle say- Great Lakes there. We were in a re- explain this to me? And I would like to ing, Yes, you did, Mr. Gore. It’s right doubt that had had several flags fly know how many out of a thousand here in your book. over it, including the British flag, and would even try, but I would be willing And he pulled the book out, ‘‘Earth they told about how the men slept to lay a wager that none of them could in the Balance.’’ He gave a page num- there in this redoubt, this little fort. succeed in making a scientific expla- ber. I think that page number was 204. The beds were so short. nation as to why their emissions of I don’t remember for sure. But I went I said, How come the beds are so greenhouse gases by man can be a sig- out and bought the book. And I went to short? Well, they were not actually as nificant contributing factor to the the page number that was pointed out tall as we are today, but the shorter Earth’s warming. Which, by the way, by Dan Quayle, and there was the exact beds were because they didn’t sleep even the global warming people, even language calling for $100 billion to be laying down. They had respiratory dis- the Al Gores of the world, have spent then back in that year, which I eases, respiratory illnesses, so they changed the language now. They can’t believe was 1992. slept kind of sitting up, propped up. say global warming any more because So the call for this reaction to global Another thing they did, they had a the Earth’s been actually cooling since warming in 1929 must have been mod- chamber pot. And they sent the lowest- 2002. eled on something. It must have been ranking troops down the hill to the So when you find yourself out there modeled on a computer model that had lake with this chamber pot. So that on the end of a limb and you’ve been checked the temperatures around the was the one they used at night when saying, Global warming, global warm- globe and made the adjustments for at- they didn’t want to go outside, and it ing, global warming, and you’ve been mospheric and the greenhouse gases was cold. So they carried the chamber doing that for 15 or 20 years, and you that are there. It must have had some pot down, dumped it out—I don’t know find out, whoops, I have been making sound science behind it. where they dumped it out. I presume this argument long enough; that the And so where is that computer model they washed it out. But they used the Earth is actually cooling, and maybe today? If that model predicted the same pot and carried it back up and the scientists who back in about 1970 Earth would get warmer, and we they used that for drinking water dur- predicted there was a coming ice age chugged along, and now we’re 17 years ing the day. that couldn’t be averted, maybe they later and the Earth has gotten cooler The British, nor did anybody in the were actually right. over the last 7 years. It was supposed world, understand about diseases back I don’t know if they were right or to get warmer over the last 17. Got a in the mid to late 1700s. But that water not, Mr. Speaker, but I know one of little warmer for the first 10 or so, then cleanliness was a big part. Sanitary those expert scientists in 1970 that said it got cooler over the last 7 or 8. sewers were a big part. We got rid of an ice age is imminent is now an expert How does this happen? Does anybody the outhouses and flushed it down to on global warming, and he is saying go back to the computer model that the sewer treatment plant. global warming is imminent, and it must have been the basis for the I want to thank Lady Bird Johnson. will happen. But they don’t actually science that was driving Al Gore at the Kids my age grew up shooting rats at use the global warming argument any time? I don’t know that anybody did. the dump. We don’t do that any more more. They use climate change. They keep telling me they have got because we have sanitary landfills and That’s a safe term. I bet they wish better and better models and they’re we cleaned this up. We cleaned up a lot they would have started out with a cli- doing a better and better job of moni- of things. We are a lot safer and a lot mate change kind of a label rather toring the temperatures on the globe. more healthy because of technology, than global warming, because one I remember also another book that because the modern world has marched thing we know about climate, it’s al- was published I believe that same year, along. ways going to change. It’s been chang- and it was called ‘‘Trashing the Plan- But the technology of calculating ing for thousands of years, millions of et’’, written by former Governor of the global warming doesn’t hold itself up.

VerDate Nov 24 2008 02:58 May 14, 2009 Jkt 079060 PO 00000 Frm 00085 Fmt 7634 Sfmt 0634 E:\CR\FM\K13MY7.170 H13MYPT1 rfrederick on PROD1PC67 with HOUSE H5574 CONGRESSIONAL RECORD — HOUSE May 13, 2009 There was a conclusion that was drawn those little molecules added to it, how Now what are we trying to control by Al Gore and others—now he has a much is that? Well they measure that here with Waxman-Markey? How big is Pulitzer Prize—there was a conclusion in tons. So the weight, if you could put this piece of the atmosphere that we that was drawn by him back in some a scale on all the Earth’s surface and are trying to affect a part of by reduc- year—some year perhaps in the weigh this atmosphere, you would find ing its emissions? The total accumula- Eighties, and I do not know, Mr. out—we are pretty close on this—5 tion from the last 205 years, the indus- Speaker, what the catalyst was, but I quadrillion 150 trillion metric tons is try of the United States comes down to do know environmental groups came the full weight of the atmosphere of a radius, I will just give you the diame- quickly and strongly and financially the Earth, 5 quadrillion metric tons. ter, the diameter would be .56 inches, behind Al Gore at a certain time in the That is all the air, the weight of all the that is how big the circle is, that is all late Eighties—almost overnight. And air. the complete contribution of U.S. CO2 he drew a conclusion that has yet to be Now we are measuring greenhouse emissions in the last 205 years alto- shaken by the temperature that’s gases in tons, in metric tons. So I ask gether that is hanging out there in the going down incrementally on this plan- the question, what is the weight of all atmosphere. You have an 8-foot circle, et. the greenhouse gas that is in this at- imagine the size of the 8-foot circle, Now this is always mysterious to me, mosphere that is 5.15 quadrillion tons? but the little circle in the middle is the part that we can control. If you shut it Mr. Speaker. How is it that a conclu- Well, let’s take it to the CO2, because sion can be drawn that the Earth is that is the only thing that Waxman- all down, the entire sum total of the accumulated total is the diameter of a getting warmer and we must do some- Markey addresses is CO2. So the weight lug on your tire. Not the nut. Take the thing, cut down on greenhouse gas of all the CO2 gases in the atmosphere emissions. We can’t really explain the is 3 trillion, try that, 3 trillion metric nut off. It is the stud that goes inside science to you because you’re just a tons. Three compared to 5.15 quadril- the nut. Usually those are a half inch regular old citizen and you can’t com- lion. So I will tell you this. If all the thread. That is what we have got. The prehend this. Instead, you just have to atmosphere is 100 percent by weight, size of my little finger is the size of the circle that would represent the com- take the word of the environmental ex- then the CO2 in the atmosphere is .0591. plete volume of the accumulated CO2 tremists that the Earth’s going to get That is the CO2. Now a lot of the CO2 is admitted by the United States inside of warmer unless we follow them. Follow there naturally. We don’t charge that that, inside a circle 8 feet in diameter. them down this path of shutting down against industry in the world. And we are going to try to control the our production of energy in the United So I take this thing down to what do Earth’s temperature over 100 years by States, closing down the CO emissions, we charge against this? What do we 2 fooling around with that tiny little cir- doing the cap-and-trade that is pro- measure? So I will just take you to the net CO emissions in the United States. cle that is a half inch in diameter? posed here so that it would skyrocket 2 What utter arrogance. What utter our electrical costs. I’m sorry, I don’t have the numbers from 1600 or 1700. But I do have the vanity. I think we have gone into a Why is it that no amount of science new level of vanity here. I talked about has shaken them? Why is it that, of all numbers from 1800 until 2005, two cen- turies plus 5 years. So that is pretty the Utopian philosophers that emerged the things that we have collected for from Western Europe over the cen- data throughout this time, they much the dawn of the industrial revo- lution contributed all the way up this turies that thought they could manage haven’t really stepped up and said, humanity. We have Utopian scientists Well, here’s the adjustments we have way. The net CO2 from U.S. emissions over the last 205 years, that is hanging here who believe they can control the to make now because we know more Earth’s temperature by fooling around in the atmosphere, is 178 billion 792 than we did then. It’s as if science with a tiny little circle that is just .56 million metric tons. didn’t march on for the last 17 years, inch in diameter. What does a 50-cal- but the politics have marched together So, Mr. Speaker, if you are listening closely, we have an atmosphere of 5.15 iber bullet look like? Just about that. in a huge army of politicians and their A little bit of expansion and you have environmentalist supporters that keep quadrillion metric tons, we have a total CO of 3 trillion, and we have the got it. So we are dealing with, if you making the case we must do some- 2 have an 8-foot circle, and you put a .45 thing. CO2 contributed by the United States of 178 billion 792 million, is all that is, caliber bullet into the center of that, It’s as if this Earth is going to keep you are going to be pretty close to the so the U.S., this is the net, because 45 getting warmer even though it’s been size of the hole that would represent percent of it goes into sinks, the net getting cooler—and the only thing we the circle that would be all of the CO greenhouse gas that is contributed in 2 can do about it is reduce the amount of that the U.S. has put into the atmos- the form of CO contributed by the CO2 emissions in the United States. 2 phere that has accumulated in 205 United States to this overall atmos- Now how does this work? years. And so I have some new numbers that phere, the net that is hanging out in What utter vanity, Mr. Speaker. And the world has never seen. They are just the atmosphere today is .00347 percent I will expand on this thought much produced in a spreadsheet in my office of the overall atmosphere. more until the American people under- Now here is the picture I want to indexed back to real facts. I know the stand that we cannot be handicapping draw and put in the minds of people doctor from Georgia is going to be very our economy based upon a science that interested in these facts. just immediately before I intend to can’t be substantiated. And we can’t yield to the gentleman from Georgia, b 2115 find anybody in this Chamber that can and that is this: if you lay this out in argue the science even with that single And it starts out this way, when a picture form, in a poster form, and fact that I have laid out there. And so, there is something going on and some- most everybody knows what a 4.8 sheet Mr. Speaker, I make that point. body says this is the science of it, I of plyboard looks like. For me, if I There is a whole other point to be usually go out and I ask, what are the reach up, I reach about 7 feet, a little made on the disaster that will be big questions so you can lay out the more, so 1 foot above my hand would be caused to our economy. But there is a parameters for me, Mr. Speaker? the height of a 4 x 8 sheet of drywall, significant point to be contributed by The first question I would ask is, if let’s put two of those side by side, 8 the gentleman from Georgia (Mr. we have global warming, and it is be- feet out this way, 8 feet this way, draw BROUN), Dr. BROUN, Congressman cause the industry emissions are con- a circle the full diameter of 8 feet by 8 BROUN, whom I would be very happy to tributing to the atmosphere, the first feet, that would be a 48-inch radius, yield to and call my friend at the same question I would have is, okay, how big whoop that circle around there, a great time as much time as he might con- is our atmosphere? How do you meas- big circle would be the height of most sume. ure all this volume of gases that have walls in a person’s living room. That Mr. BROUN of Georgia. I thank the settled down to the gravitational pull, would represent the full atmosphere of gentleman for yielding. And you bring come out of outer space and settled the Earth. It is volume measured in out a great point. down to the gravitational pull of metric tons of all the atmosphere of Mr. Speaker, cap-and-trade is not Earth, all that God breathed on and the Earth. about the environment. And, in fact,

VerDate Nov 24 2008 02:58 May 14, 2009 Jkt 079060 PO 00000 Frm 00086 Fmt 7634 Sfmt 0634 E:\CR\FM\K13MY7.171 H13MYPT1 rfrederick on PROD1PC67 with HOUSE May 13, 2009 CONGRESSIONAL RECORD — HOUSE H5575 the President recently said that if this that are gripping this Nation. With the b 2130 is not passed into law, then he will not leadership of a new administration, The transitioning will allow us to im- have the revenue to foster or pay for with a President who has expressed the pact industries from manufacturing to the Big Government that he is trying boldness of a vision for energy genera- engineering to all sorts of lab opportu- to force down the throats of the Amer- tion, energy transmission and energy nities for our given communities. ican people. This is not about the envi- storage, an innovation economy When we look at situations in New ronment. Mr. KING, you brought that sparked by that source of greening up York State alone, we are looking at out very clearly. This is about greater of our energy thinking can be just some 132,000 or so jobs that could be revenue. It is a about a tax, cap-and- what the doctor ordered in curing our created in a clean energy opportunity tax. I call it ‘‘tax-and-cap’’ because tax economic ills and allowing us to go for- in New York State. Obviously with an is what this is all about. ward with a stronger sense of security, unemployment rate that is above 8 per- And your chart right there brings out security that is expressed by our en- cent in New York State, that would be a very strong point. Even the President ergy security, our job security, our a welcomed bit of opportunity. says that electricity rates will sky- economic security and certainly for We need to simply look at the practi- rocket. Every single energy source in those measures, our national security. cality of some of the experiences out this country will skyrocket. That It is no wonder that our gluttonous there that have enabled us to move for- means that everything is going to go dependency on a fossil-based economy ward, to move forward in a way that up in price, food, medicine, health care, has caused us to rely on importing, allows us to utilize the strength of our all goods and services are going to go from some of the most troubled spots intellect as a Nation and use that brain up. Why? Because the leadership in this in the world, our energy supplies. trust and invest in our future. House, the leadership in the U.S. Sen- These are countries that have unstable Recently when we were visiting with ate, the administration, wants to con- governments that have ruled the day a former energy minister for the coun- tinue down a road towards total gov- for our economy. try of Denmark, he had visited with ernment control of everything that the SEEC caucus that has been formed people do. There is a word for that. It And certainly when we look at the here in Congress of which I serve as is called ‘‘socialism.’’ And that is ex- failed measures of the previous admin- Chair, the Sustainable Energy and En- actly what they are doing. They are istration, the average household has vironment Caucus has entertained driving a steamroller of socialism that been paying, or the average citizen has guests who will share with us their is being forced down the throats of the been paying $1,100 more in energy costs ideas and their success stories. American people. And it is going to because of the failure of that energy Denmark has done well by changing strangle our economy. It is going to policy during the Bush-Cheney admin- its format of energy design. It was im- hurt the people that our Democratic istration. So it is a challenge to us and portant to note that they have very colleagues say that they represent the a dictate to the American public to go boldly stepped forward and invested most. Electricity costs and heating forward with a new vision, a boldness with some ideas that actually came costs are going to affect the retirees, of greening up our energy thinking so from the United States and perhaps people on limited income and the poor as to spark this innovation economy. even patents that originated here. So it people more than anybody else. When we look at what can happen in behooves us to move forward and uti- My good friend from Iowa made some this country, there are many promising lize this American think tank and put excellent points. And I just want to re- statistics. We can understand that it to work here in our country to meet iterate what you said. It is going to some 5 million jobs can be created in our energy needs. While I was at cost the American people a tremendous the clean energy economy if we were to NYSERDA where I served as president amount of money. The American Asso- enhance by 25 percent our renewable and CEO of the New York State Energy ciation of Manufacturers has estimated energies. And just for the electricity Research and Development Authority, that every single family in this coun- supplies we require and the transpor- we were able to advance several new try is going to pay $3,128 more in taxes. tation needs that we have, if we ad- ideas: kinetic hydro that allowed us to Everybody is going to have that tax vance a 25 percent improvement by the utilize the turbulence of the East River burden placed on them plus the in- year 2025, we could realize those 5 mil- along the Manhattan shoreline, and creased cost of all goods and services. lion additional jobs in the economy. just utilizing that turbulence allowed And it has to stop. And dollar for dollar, it is calculated us to do subwater surface energy cre- The American people can do some- that four times the job growth is real- ation, energy generation simply by the thing about it. They can tell their ized in the clean energy economy than motion of the water. Members of Congress, We don’t want is realized in the dependency and the We have several opportunities with this tax-and-cap bill to pass. And it is continuation of the oil and petroleum the many bodies of water in New York absolutely critical for the people all economy. State, and with turbulent bodies as such, to perhaps achieve as much as over this country to call their Con- So those statistics speak nobly to the 1,000 to 1,100 megawatts worth of gressman, call their Senators and say challenge that befalls us, that we need power. ‘‘no’’ to this crazy cap-and-trade policy to move forward with a new order of The demonstration project, funded that is being forced down their throats. thinking, that we can, as we enhance through the assistance of NYSERDA, And it has just got to stop because it is our energy security, grow American made modifications possible through going to kill our economy. It is going jobs that produce American power for Denver, through the Department of En- to hurt everybody in this country. And America’s energy needs. I thank the gentleman for yielding. ergy labs, and we have reformulated Mr. KING of Iowa. I thank the gen- Now that is a strengthening of our the design of the energy turbine blades. tleman. And I regretfully yield back economy in a way that will put new We have recalculated the assembly, the the balance of my nonexistent time. jobs, job opportunities, on to the grid core assembly of such a turbine, and we f that have not previously been there. It are able to go through with these im- allows us to cover the array of job op- provements that now offer great hope THE GREENING OF OUR ENERGY portunities from the trades that are in- for the kinetic opportunities. THINKING volved on over to the engineering, the That is just one sampling of cutting- The SPEAKER pro tempore. Under inventor, the innovator types that can edge technology, emerging tech- the Speaker’s announced policy of Jan- produce the prototypes and then pull- nologies that can strengthen our Amer- uary 6, 2009, the gentleman from New ing them into the manufacturing and ican economy and our energy con- York (Mr. TONKO) is recognized for 10 commercial sectors of emerging tech- sumers’ future here in this country. minutes. nologies that will allow us to very clev- I think also of the geothermal appli- Mr. TONKO. Mr. Speaker, we are at erly encourage new generation for- cations that we have made with cam- the threshold of energy policy that can mats, new storage formats and new puses like the Culinary Institute of transform not only our energy think- transmission opportunities in the America where the geothermal applica- ing but respond to the economic crises realm of energy. tions are used now to heat and cool six

VerDate Nov 24 2008 02:58 May 14, 2009 Jkt 079060 PO 00000 Frm 00087 Fmt 7634 Sfmt 0634 E:\CR\FM\K13MY7.172 H13MYPT1 rfrederick on PROD1PC67 with HOUSE H5576 CONGRESSIONAL RECORD — HOUSE May 13, 2009 new dormitory areas, lodges as they CLEAN ENERGY IN THE 21ST the plan will create millions of new are referred to, at the CIA. This is an- CENTURY jobs and whole new industries here in other practical application that allows The SPEAKER pro tempore. Under a the United States, employing everyone us to create a sustainable future, one previous order of the House, the gen- from construction workers to secre- that is working in a benign fashion tleman from New Hampshire (Mr. taries to salespeople to engineers. It with the environment and utilizing the HODES) is recognized for 5 minutes. will open new markets for us. Just resources of our air, our water, and our Mr. HODES. Mr. Speaker, I thank my imagine what it is like if we can be- soil to respond to our energy needs. colleague, Mr. TONKO, and I join him in come the world leaders in renewable This is the boldness of vision that voicing my support for President and alternative energy. Think of the has been imparted by President Obama Obama’s plan to limit dangerous car- products and services we can sell and his administration. It is the bold- bon emissions, put us on a path to en- around the globe and the goodwill we ness of vision embraced by Speaker ergy security, and create millions of will get. PELOSI in the House, and other leaders; American clean energy jobs. Right now Inaction is no longer an option. our Energy and Commerce Chair, Americans realize that our American Doing nothing about climate change HENRY WAXMAN; and BARTON GORDON of energy policy is not working. The last will cost exponentially more than the Science and Technology, to name just administration gave billions of dollars President’s plan. One respected study a few. But as we go forward, we will in tax subsidies to oil companies de- on this says that inaction could end up continue to advance this progressive spite the fact that they were earning costing between 5 and 20 percent of the order of policies and the resources re- record profits, and despite their will- total world GDP. We must act. quired to advance the development ingness to gouge the American people. Now, my friends on the other side of that we require. We clearly need a new energy policy the aisle are either scared of change, that invests in renewable energy that I think it is important for us as a so- pessimistic about the American entre- will be cheaper for American families ciety to invest well beyond the proto- preneurial spirit, or are denying the and will be homegrown, American en- type. The prototype is the idea that scientific consensus because they rely ergy that will create jobs and lead the comes to life in the research labs on campaign funds from oil and coal in- world in a 21st century energy econ- across the country, but that is not terests. The truth remains, we must omy. where we should end with the story. We act. Right now we are facing the most se- President Obama’s plan provides the need to deploy that magic into the vere economic crisis in a generation, manufacturing and commercial sectors support and incentives needed to help the most severe economic crisis since the American can-do spirit of innova- so we can take full advantage of the the Great Depression; and at the same earlier investments into prototypes. tion and creativity to build the new time, our scientists are clearly telling clean technologies of the future. Just this week I was able, Mr. Speak- us that our inaction is threatening the Just as we led the world in devel- er, to travel to the GE Research and planet. oping the automobile and the com- Development Center in my district. Fortunately, by Congress taking one puter, we will once again lead the They announced their plans for new single action and passing what will world in developing new, cheaper, battery technology, battery technology come to the floor as climate legisla- cleaner technologies to lead the world that will enable us to add to the diver- tion, we will take a giant leap towards for the 21st century. In addition, we sity of battery types of the future. mending both of our problems. The will provide lower-income Americans There are efforts within the stimulus President has laid out an ambitious with a clean energy tax credit to assist package advanced by the White House agenda, recognizing that as Americans them in this transition to a prosperous and approved by the House and the we can do great things when we come new clean energy economy. Senate on the Hill that was recently together and work together for the I have proposed we have a commis- signed into law as the Recovery Act for common good. The President has pre- sion to make sure that Congress knows America that will invest billions of sented us with a clean energy jobs plan the impact on small businesses and dollars into cutting-edge thinking in that will: create new, 21st century low- and moderate-income folks of the battery application. It was at GE that American jobs throughout the product- climate change legislation that we are they announced this formulation of a supply chain; protect existing jobs; re- going to pass. sodium chloride and nickel mix that duce our dependence on foreign oil; allows for us to deal with heavy-duty save money on energy costs for Amer- We are already feeling the effects equipment, the more stressful vehic- ican taxpayers in the long run; reduce around this country of a changing cli- ular applications. It also holds promise carbon pollution, and, with it, combat mate. We ignored the warnings of the for energy generation and energy stor- the dangerous effects of climate experts of the risks for far too long. We age, very key and critical to the inter- change. have learned the dangers, and the costs mittent nature of several of our renew- By forcing those who have long pol- are mounting to clean up the mess able sources. luted our air and water for free to fi- after the crisis has hit. We need to act nally pay for their carbon pollution, we as good stewards of the Earth. The So with all of that being said, there American people are trusting us to act are samplings out there that today are will begin to shift away from our de- pendence on dirty, outdated, obsolete to protect our children and our grand- speaking to the progress that can be children and to be stewards of the pub- made. And it is that source of job cre- energy technology. Instead, we will provide incentives lic trust. We need to remember that ation that is inspired by the efforts there will be tremendous unsustainable made by researchers and engineers and for American business. We are going to unleash the American entrepreneurial economic costs of dealing with the im- inventors and innovators that then pacts of climate change once they have allow for trade application in the prac- spirit and create clean energy jobs. We will lead the world in technology and occurred because Mother Nature tical applications as we retrofit our doesn’t do bailouts. schools, our businesses, and our homes manufacturing that will drive a new, So let me conclude by rejecting the in a way that allows us to meet our en- much more prosperous energy econ- charge of those who would defend the ergy needs. omy. Think of the cost savings. This plan polluters and put our kids at risk. So with all of that, I call upon this to shift American energy production to They are simply wrong. President House to continue to move forward and domestic alternative sources like solar Obama’s clean energy plan is the oppo- advance the agenda of green energy and wind and biomass, which means site of a tax increase. It is regulating policy that will transform our econ- wood in New Hampshire where I come polluters to protect our country, pro- omy, strengthen our job market, and from, will be cheaper and cleaner and tect our environment, create jobs, in- allow for us to have a stronger sense of will save Americans billions of dollars vest in American business, and save energy security and national security. in the long run. American families money via a direct I thank you, Mr. Speaker, for the op- By forcing our Nation to tackle cli- tax credit and increased energy effi- portunity to share my thoughts. mate change and develop new energy, ciency.

VerDate Nov 24 2008 02:58 May 14, 2009 Jkt 079060 PO 00000 Frm 00088 Fmt 7634 Sfmt 0634 E:\CR\FM\K13MY7.174 H13MYPT1 rfrederick on PROD1PC67 with HOUSE May 13, 2009 CONGRESSIONAL RECORD — HOUSE H5577 It is time to act. Congress will have With best wishes, I am Ms. KAPTUR, for 5 minutes, today. the legislation before us. We will cre- Sincerely, Mr. SESTAK, for 5 minutes, today. ate a new economy for the 21st cen- LORRAINE C. MILLER, (The following Members (at the re- Clerk of the House. tury. We will create jobs. We will pro- quest of Mrs. LUMMIS) to revise and ex- tect this country. f tend their remarks and include extra- LEAVE OF ABSENCE neous material:) f By unanimous consent, leave of ab- Mr. POE of Texas, for 5 minutes, May sence was granted to: 20. Mr. JONES, for 5 minutes, May 20. COMMUNICATION FROM THE Mr. HIMES (at the request of Mr. Mr. PAUL, for 5 minutes, May 14 and CLERK OF THE HOUSE HOYER) for today from 10 a.m. to 3:30 p.m. on account of attending a funeral. 15. The SPEAKER pro tempore laid be- Mr. POSEY, for 5 minutes, today. f fore the House the following commu- Mrs. LUMMIS, for 5 minutes, today. nication from the Clerk of the House of SPECIAL ORDERS GRANTED Mr. MCHENRY, for 5 minutes, today, Representatives: By unanimous consent, permission to May 14, 15, 18, 19 and 20. OFFICE OF THE CLERK, address the House, following the legis- (The following Member (at his re- Washington, DC, May 12, 2009. lative program and any special orders quest) to revise and extend his remarks Hon. NANCY PELOSI, heretofore entered, was granted to: and include extraneous material:) The Speaker, House of Representatives, (The following Members (at the re- Mr. HODES, for 5 minutes, today. Washington, DC. quest of Ms. ROYBAL-ALLARD) to revise f DEAR MADAM SPEAKER: Pursuant to the and extend their remarks and include permission granted in Clause 2(h) of Rule II extraneous material:) ADJOURNMENT of the Rules of the U.S. House of Representa- tives, the Clerk received the following mes- Ms. ROYBAL-ALLARD, for 5 minutes, Mr. HODES. Mr. Speaker, I move sage from the Secretary of the Senate on today. that the House do now adjourn. May 12, 2009, at 9:33 a.m.: Ms. WOOLSEY, for 5 minutes, today. The motion was agreed to; accord- Appointments: United States-Russia Inter- Mr. DEFAZIO, for 5 minutes, today. ingly (at 9 o’clock and 42 minutes parliamentary Group. Advisory Committee Ms. WATSON, for 5 minutes, today. p.m.), the House adjourned until to- on the Records of Congress. Canada-United Mr. KLEIN of Florida, for 5 minutes, morrow, Thursday, May 14, 2009, at 10 States Interparliamentary Group. htoday. a.m. EXPENDITURE REPORTS CONCERNING OFFICIAL FOREIGN TRAVEL Reports concerning the foreign currencies and U.S. dollars utilized for speaker-authorized official travel during the first quarter and second quarter of 2009 pursuant to Public Law 95–384 are as follows: REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, DELEGATION TO MEXICO, PANAMA, COLOMBIA, AND BRAZIL, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN APR. 3 AND APR. 11, 2009

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

Hon. Steny Hoyer ...... 4 /3 4/5 Mexico ...... 1,063.00 ...... (3) ...... 1,063.00 Hon. Roy Blunt ...... 4/3 4/5 Mexico ...... 1,063.00 ...... (3) ...... 1,063.00 Hon. Norman Dicks ...... 4/3 4 /5 Mexico ...... 1,063.00 ...... (3) ...... 1,063.00 Hon. Lucille Roybal-Allard ...... 4/3 4/5 Mexico ...... 1,063.00 ...... (3) ...... 1,063.00 Hon. Elijah Cummings ...... 4/3 4/5 Mexico ...... 1,063.00 ...... (3) ...... 1,063.00 Hon. Gregory Meeks ...... 4/3 4 /5 Mexico ...... 1,063.00 ...... (3) ...... 1,063.00 Hon. Debbie Wasserman Schultz ...... 4/3 4/5 Mexico ...... 1,063.00 ...... (3) ...... 1,063.00 Hon. Adrian Smith ...... 4/3 4 /5 Mexico ...... 1,063.00 ...... (3) ...... 1,063.00 Hon. Gerald Connolly ...... 4/3 4/5 Mexico ...... 1,063.00 ...... (3) ...... 1,063.00 Hon. Aaron Schock ...... 4/3 4/5 Mexico ...... 1,063.00 ...... (3) ...... 1,063.00 Mariah Sixkiller ...... 4 /3 4/5 Mexico ...... 1,063.00 ...... (3) ...... 1,063.00 Katie Grant ...... 4 /3 4/5 Mexico ...... 1,063.00 ...... (3) ...... 1,063.00 Brian Diffell ...... 4/3 4/5 Mexico ...... 1,063.00 ...... (3) ...... 1,063.00 Hon. Steny Hoyer ...... 4 /5 4/6 Panama ...... 312.00 ...... (3) ...... 312.00 Hon. Roy Blunt ...... 4/5 4/6 Panama ...... 312.00 ...... (3) ...... 312.00 Hon. Norman Dicks ...... 4/5 4 /6 Panama ...... 312.00 ...... (3) ...... 312.00 Hon. Lucille Roybal-Allard ...... 4/5 4/6 Panama ...... 312.00 ...... (3) ...... 312.00 Hon. Elijah Cummings ...... 4/5 4/6 Panama ...... 312.00 ...... (3) ...... 312.00 Hon. Gregory Meeks ...... 4/5 4 /6 Panama ...... 312.00 ...... (3) ...... 312.00 Hon. Debbie Wasserman Schultz ...... 4/5 4/6 Panama ...... 312.00 ...... (3) ...... 312.00 Hon. Adrian Smith ...... 4/5 4 /6 Panama ...... 312.00 ...... (3) ...... 312.00 Hon. Gerald Connolly ...... 4/5 4/6 Panama ...... 312.00 ...... (3) ...... 312.00 Hon. Aaron Schock ...... 4/5 4/6 Panama ...... 312.00 ...... (3) ...... 312.00 Mariah Sixkiller ...... 4 /5 4/6 Panama ...... 312.00 ...... (3) ...... 312.00 Katie Grant ...... 4 /5 4/6 Panama ...... 312.00 ...... (3) ...... 312.00 Brian Diffell ...... 4/5 4/6 Panama ...... 312.00 ...... (3) ...... 312.00 Hon. Steny Hoyer ...... 4 /6 4/8 Colombia ...... 625.00 ...... (3) ...... 625.00 Hon. Roy Blunt ...... 4/6 4/8 Colombia ...... 625.00 ...... (3) ...... 625.00 Hon. Norman Dicks ...... 4/6 4 /8 Colombia ...... 625.00 ...... (3) ...... 625.00 Hon. Lucille Roybal-Allard ...... 4/6 4/8 Colombia ...... 625.00 ...... (3) ...... 625.00 Hon. Elijah Cummings ...... 4/6 4/8 Colombia ...... 625.00 ...... (3) ...... 625.00 Hon. Gregory Meeks ...... 4/6 4 /8 Colombia ...... 625.00 ...... (3) ...... 625.00 Hon. Debbie Wasserman Schultz ...... 4/6 4/8 Colombia ...... 625.00 ...... (3) ...... 625.00 Hon. Adrian Smith ...... 4/6 4 /8 Colombia ...... 625.00 ...... (3) ...... 625.00 Hon. Gerald Connolly ...... 4/6 4/8 Colombia ...... 625.00 ...... (3) ...... 625.00 Hon. Aaron Schock ...... 4/6 4/8 Colombia ...... 625.00 ...... (3) ...... 625.00 Mariah Sixkiller ...... 4 /6 4/8 Colombia ...... 625.00 ...... (3) ...... 625.00 Katie Grant ...... 4 /6 4/8 Colombia ...... 625.00 ...... (3) ...... 625.00 Brian Diffell ...... 4/6 4/8 Colombia ...... 625.00 ...... (3) ...... 625.00 Hon. Steny Hoyer ...... 4 /8 4/10 Brazil ...... 1,232.00 ...... (3) ...... 1,232.00 Hon. Norman Dicks ...... 4/8 4 /10 Brazil ...... 1,232.00 ...... (3) ...... 1,232.00 Hon. Lucille Roybal-Allard ...... 4/8 4/10 Brazil ...... 1,232.00 ...... (3) ...... 1,232.00 Hon. Elijah Cummings ...... 4/8 4/10 Brazil ...... 1,232.00 ...... (3) ...... 1,232.00 Hon. Gregory Meeks ...... 4/8 4 /10 Brazil ...... 1,232.00 ...... (3) ...... 1,232.00 Hon. Debbie Wasserman Schultz ...... 4/8 4/10 Brazil ...... 1,232.00 ...... (3) ...... 1,232.00 Hon. Adrian Smith ...... 4/8 4 /10 Brazil ...... 1,232.00 ...... (3) ...... 1,232.00 Hon. Gerald Connolly ...... 4/8 4/10 Brazil ...... 1,232.00 ...... (3) ...... 1,232.00 Hon. Aaron Schock ...... 4/8 4/10 Brazil ...... 1,232.00 ...... (3) ...... 1,232.00 Mariah Sixkiller ...... 4 /8 4/10 Brazil ...... 1,232.00 ...... (3) ...... 1,232.00 Katie Grant ...... 4 /8 4/10 Brazil ...... 1,232.00 ...... (3) ...... 1,232.00 Brian Diffell ...... 4/8 4/10 Brazil ...... 1,232.00 ...... (3) ...... 1,232.00

VerDate Nov 24 2008 02:58 May 14, 2009 Jkt 079060 PO 00000 Frm 00089 Fmt 7634 Sfmt 8634 E:\CR\FM\K13MY7.175 H13MYPT1 rfrederick on PROD1PC67 with HOUSE H5578 CONGRESSIONAL RECORD — HOUSE May 13, 2009 REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, DELEGATION TO MEXICO, PANAMA, COLOMBIA, AND BRAZIL, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN APR. 3 AND APR. 11, 2009—Continued

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

Committee totals ...... 40,784.00

1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. 3 Military air transportation. HON. STENY H. HOYER, Chairman, May 4, 2009.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, DELEGATION TO TURKEY, INDIA, DUBAI AND ITALY, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN FEB. 13 AND FEB. 23, 2009

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

Hon. John Lewis ...... 2/14 2/15 Turkey ...... 417.00 Hon. Jim McDermott ...... 2/14 2/15 Turkey ...... 417.00 Hon. Loretta Sanchez ...... 2/14 2/15 Turkey ...... 417.00 Michael Collins ...... 2/14 2/15 Turkey ...... 417.00 Jamila Thompson ...... 2/14 2/15 Turkey ...... 417.00 Brenda Jones ...... 2/14 2/15 Turkey ...... 417.00 Michael Stanely ...... 2/14 2/15 Turkey ...... 417.00 Hon. Al Green ...... 2/14 2/15 Turkey ...... 417.00 Hon. Sheila Jackson-Lee ...... 2 /14 2 /15 Turkey ...... 417.00 Hon. Spencer Bachus ...... 2 /14 2 /15 Turkey ...... 417.00 Hon. John Lewis ...... 2/15 2/17 India (New Delhi) ...... 536.00 Hon. Jim McDermott ...... 2/15 2/17 India (New Delhi) ...... 536.00 Hon. Loretta Sanchez ...... 2/15 2/17 India (New Delhi) ...... 536.00 Michael Collins ...... 2/15 2/17 India (New Delhi) ...... 536.00 Jamila Thompson ...... 2/15 2/17 India (New Delhi) ...... 536.00 Brenda Jones ...... 2/15 2/17 India (New Delhi) ...... 536.00 Michael Stanely ...... 2/15 2/17 India (New Delhi) ...... 536.00 Hon. Al Green ...... 2/15 2/17 India (New Delhi) ...... 536.00 Hon. Sheila Jackson-Lee ...... 2 /15 2 /17 India (New Delhi) ...... 536.00 Hon. Spencer Bachus ...... 2 /15 2 /17 India (New Delhi) ...... 536.00 Hon. John Lewis ...... 2/17 2/20 India (Mumbi) ...... 565.00 Hon. Jim McDermott ...... 2/17 2/20 India (Mumbi) ...... 565.00 Hon. Loretta Sanchez ...... 2/17 2/20 India (Mumbi) ...... 565.00 Michael Collins ...... 2/17 2/20 India (Mumbi) ...... 565.00 Jamila Thompson ...... 2/17 2/20 India (Mumbi) ...... 565.00 Brenda Jones ...... 2/17 2/20 India (Mumbi) ...... 565.00 Michael Stanely ...... 2/17 2/20 India (Mumbi) ...... 565.00 Hon. Al Green ...... 2/17 2/20 India (Mumbi) ...... 565.00 Hon. Sheila Jackson-Lee ...... 2 /17 2 /20 India (Mumbi) ...... 565.00 Hon. Spencer Bachus ...... 2 /17 2 /20 India (Mumbi) ...... 565.00 Hon. John Lewis ...... 2/20 2/21 Dubai ...... 555.00 Hon. Jim McDermott ...... 2/20 2/21 Dubai ...... 555.00 Hon. Al Green ...... 2/20 2/21 Dubai ...... 555.00 Hon. Shelia Jackson-Lee ...... 2 /20 2 /21 Dubai ...... 555.00 Hon. Lorretta Sanchez ...... 2/20 2/21 Dubai ...... 555.00 Michael Collins ...... 2/20 2/21 Dubai ...... 555.00 Jamila Thompson ...... 2/20 2/21 Dubai ...... 555.00 Brenda Jones ...... 2/20 2/21 Dubai ...... 555.00 Michael Stanely ...... 2/20 2/21 Dubai ...... 555.00 Hon. John Lewis ...... 2/21 2/22 Italy ...... 565.00 Hon. Jim McDermott ...... 2/21 2/22 Italy ...... 565.00 Hon. Loretta Sanchez ...... 2/21 2/22 Italy ...... 565.00 Michael Collins ...... 2/21 2/22 Italy ...... 565.00 Jamila Thompson ...... 2/21 2/22 Italy ...... 565.00 Brenda Jones ...... 2/21 2/22 Italy ...... 565.00 Michael Stanely ...... 2/21 2/22 Italy ...... 565.00

Committee total ......

1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. HON. JOHN LEWIS, Chairman, May 4, 2009.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON HOMELAND SECURITY, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JAN. 1 AND MAR. 31, 2009

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

Hon. Henry Cuellar ...... 2/16 2/18 Mexico ...... 600.00 (3) ...... 600.00 2/18 2/20 Nicaragua ...... 412.00 (3) ...... 412.00 2/20 2/22 Jamaica ...... 522.00 (3) ...... 522.00 Hon. Mark Souder ...... 2/16 2/18 Mexico ...... 600.00 (3) ...... 600.00 2/18 2/20 Nicaragua ...... 412.00 (3) ...... 412.00 2/20 2/22 Jamaica ...... 522.00 (3) ...... 522.00

Committee total ...... 3,068.00 ...... 3,068.00

1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. 3 Military air transportation. HON. BENNIE G. THOMPSON, Chairman, May 1, 2009.

VerDate Nov 24 2008 02:58 May 14, 2009 Jkt 079060 PO 00000 Frm 00090 Fmt 7634 Sfmt 8634 E:\CR\FM\A13MY7.001 H13MYPT1 rfrederick on PROD1PC67 with HOUSE May 13, 2009 CONGRESSIONAL RECORD — HOUSE H5579 REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON RULES, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JAN. 1 AND APR. 30, 2009

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

Rachel Leman 1 /26 1 /30 Kosovo ...... 796.00 ...... 10,063.73 ...... 10,859.73 Rachel Leman 1 /30 1 /31 Austria ...... 361.00 ...... 361.00 Rachel Leman 2 /16 2 /20 Peru ...... 1,214.00 ...... 5,825.95 ...... 7,039.95 Hon. Virginia Foxx 2 /16 2 /18 Mexico ...... 290.00 ...... 290.00 Hon. Virginia Foxx 2 /18 2 /20 Nicaragua ...... 224.00 ...... 224.00 Hon. Virginia Foxx 2 /20 2 /22 Jamaica ...... 402.00 ...... 402.00 Hon. Jared Polis 4/5 4/6 Kuwait ...... 109.00 ...... 8,387.74 ...... 8,496.74 Hon. Jared Polis 4/6 4/7 Baghdad ...... Hon. Jared Polis 4/7 4/8 Kuwait ...... 109.00 ...... 109.00 Hon. Jared Polis 4/8 4/9 U.A.E...... 137.00 ...... 137.00 Hon. Jared Polis 4/9 4/10 Afghanistan ...... 28.00 ...... 28.00 Hon. Jared Polis 4/10 4/11 U.A.E...... Committee total ...... 3,670.00 ...... 24,277.42 ...... 27,947.42 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. HON. LOUISE McINTOSH SLAUGHTER, Chairman, Apr. 30, 2009.

EXECUTIVE COMMUNICATIONS, 801(a)(1)(A); to the Committee on Education Radiocommunication Service at 401-402 and ETC. and Labor. 405-406 MHz; Dexcom, Inc., Request for Waiv- 1785. A letter from the Director, Regu- er of the Frequency Monitoring Require- Under clause 2 of Rule XXIV, execu- latory Management Division, Environmental ments of the Medical Implant Communica- tive communications were taken from Protection Agency, transmitting the Agen- tions Service Rules; Biotronik, Inc., Request the Speaker’s table and referred as fol- cy’s final rule — Adequacy of Iowa Municipal for Waiver of the Frequency Monitoring Re- lows: Solid Waste Landfill Permit Program [EPA- quirements of the Medical Implant Commu- 1778. A letter from the Director, Regu- R07-RCRA-2008-0849; FRL-8899-7] received nications Service Rules, ET Docket No. 06- latory Management Division, Environmental April 31, 2009, pursuant to 5 U.S.C. 135. [[ET Docket Nos.: 06-135] [RM-11271] [ET Protection Agency, transmitting the Agen- 801(a)(1)(A); to the Committee on Energy and Docket No.: 05-213] [ET Docket No.: 03-92]] cy’s final rule — Morpholine 4-C6-12 Acyl De- Commerce. received April 27, 2009, pursuant to 5 U.S.C. rivatives; Exemption from the Requirement 1786. A letter from the Director, Regu- 801(a)(1)(A); to the Committee on Energy and of a Tolerance [EPA-HQ-OPP-2008-0105; FRL- latory Management Division, Environmental Commerce. 8409-1] received April 31, 2009, pursuant to 5 Protection Agency, transmitting American 1792. A letter from the Assistant Secretary U.S.C. 801(a)(1)(A); to the Committee on Ag- Recovery and Reinvestment Act of 2009 (Re- Legislative Affairs, Department of State, riculture. covery Act) Addendum to Supplemental transmitting certification of a proposed 1779. A letter from the Acting Assistant Funding for Brownfields Revolving Loan amendment to expand the sales territory as- Secretary Legislative Affairs, Department of Fund (RLF) Grantees [FRL-8899-1] received sociated with a manufacturing license agree- the Treasury, transmitting a draft bill ‘‘To April 31, 2009, pursuant to 5 U.S.C. ment for the production of significant mili- authorize an amendment to the Articles of 801(a)(1)(A); to the Committee on Energy and tary equipment in Turkey (Transmittal No. Agreement of the International Bank for Re- Commerce. DDTC 024-09), pursuant to 22 U.S.C. 39, 36(c); construction and Development increasing 1787. A letter from the Director, Regu- to the Committee on Foreign Affairs. the basic votes of members’’; to the Com- latory Management Division, Environmental 1793. A letter from the Secretary, Depart- mittee on Financial Services. Protection Agency, transmitting the Agen- ment of Commerce, transmitting certifi- 1780. A letter from the Interim Assistant cy’s final rule — Approval and Promulgation cation that for calendar year 2008, the legiti- Secretary Office of Financial Stability, De- of Air Quality Implementation Plans; Penn- mate commercial activities and interests of partment of the Treasury, transmitting the sylvania: Transportation Conformity Re- chemical, biotechnology, and pharma- Department’s report entitled, ‘‘Sixth quirement [EPA-R03-OAR-2008-0898; FRL- ceutical firms in the United States were not Tranche Report’’, pursuant to Section 105(b) 8898-4] received April 31, 2009, pursuant to 5 significantly harmed by the limitations of of the Emergency Economic Stabilization U.S.C. 801(a)(1)(A); to the Committee on En- the Convention on access to, and production Act of 2008; to the Committee on Financial ergy and Commerce. of, those chemicals and toxins listed in Services. 1788. A letter from the Director, Regu- Schedule 1 of the Annex on Chemicals; to the 1781. A letter from the Director, Office of latory Management Division, Environmental Committee on Foreign Affairs. Legislative Affairs, Federal Deposit Insur- Protection Agency, transmitting the Agen- 1794. A letter from the Assistant Secretary ance Corporation, transmitting the Corpora- cy’s final rule — Pennsylvania: Final Au- Legislative Affairs, Department of State, tion’s final rule — Amendment of the Tem- thorization of State Hazardous Waste Man- transmitting a report on the results of the porary Liquidity Guarantee Program To Ex- agement Program Revisions [EPA-R03- efforts of the United States and Republic of tend the Debt Guarantee Program and To RCRA-2009-0916; FRL-8898-7] received April Korea governments to completely account Impose Surcharges on Assessments for Cer- 31, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to for defense articles the United States pro- tain Debt Issued on or After April 1, 2009 the Committee on Energy and Commerce. vided to the ROK from 1950 to the early 1980s (RIN: 3064-AD37) received April 21, 2009, pur- 1789. A letter from the Director, Regu- under the Military Assistance Program suant to 5 U.S.C. 801(a)(1)(A); to the Com- latory Management Division, Environmental (MAP), pursuant to Section 505 of the For- mittee on Financial Services. Protection Agency, transmitting the Agen- eign Assistance Act of 1961; to the Com- 1782. A letter from the Director, Office of cy’s final rule — Protection of Stratospheric mittee on Foreign Affairs. Legal Affairs, Federal Deposit Insurance Ozone: The 2009 Critical Use Exemption from 1795. A letter from the Acting Assistant Corporation, transmitting the Corporation’s the Phaseout of Methyl Bromide [EPA-HQ- Secretary Legislative Affairs, Department of final rule — Assessments (RIN: 3064-AD35) re- OAR-2008-0009; FRL-8899-5] (RIN: 2060-AO78) State, transmitting the Department’s week- ceived April 21, 2009, pursuant to 5 U.S.C. received April 31, 2009, pursuant to 5 U.S.C. ly reports for the February 15, 2009 to April 801(a)(1)(A); to the Committee on Financial 801(a)(1)(A); to the Committee on Energy and 15, 2009 reporting period on matters relating Services. Commerce. to post-liberation Iraq, pursuant to Public 1783. A letter from the Director, Office of 1790. A letter from the Acting Director, Ex- Law 107-243 and Public Law 105-338, section 7; Legal Affairs, Federal Deposit Insurance ecutive Office of the President Office of Na- to the Committee on Foreign Affairs. Corporation, transmitting the Corporation’s tional Drug Control Policy, transmitting the 1796. A letter from the Assistant Secretary final rule — Assessments (RIN: 3064-AD35) re- Office’s Annual Analysis of the Effectiveness Legislative Affairs, Department of State, ceived April 21, 2009, pursuant to 5 U.S.C. of the National Youth Anti-Drug Media Cam- transmitting the Department’s report enti- 801(a)(1)(A); to the Committee on Financial paign, pursuant to Public Law 109-469; to the tled, ‘‘Country Reports on Terrorism 2008’’, Services. Committee on Energy and Commerce. pursuant to 22 U.S.C. 2656f, section 140; to the 1784. A letter from the Acting Director, 1791. A letter from the Chief, Policy and Committee on Foreign Affairs. Pension Benefit Guaranty Corporation, Rules Division, OET, Federal Communica- 1797. A letter from the Acting Assistant transmitting the Corporation’s final rule — tions Commission, transmitting the Com- Administrator For Fisheries, NMFS, Na- Allocation of Assets in Single-Employer mission’s final rule — In the Matter of Inves- tional Oceanic and Atmospheric Administra- Plans; Benefits Payable in Terminated Sin- tigation of the Spectrum Requirements for tion, transmitting the Administration’s final gle-Employer Plans; Interest Assumptions Advanced Medical Technologies; Amendment rule — Fisheries Off West Coast States; for Valuing and Paying Benefits — received of Parts 2 and 95 of the Commission’s Rules Coastal Pelagic Species Fisheries; Annual April 21, 2009, pursuant to 5 U.S.C. to Establish the Medical Device Specifications [Docket No.: 0812171612-81615-

VerDate Nov 24 2008 04:07 May 14, 2009 Jkt 079060 PO 00000 Frm 00091 Fmt 7634 Sfmt 0634 E:\CR\FM\A13MY7.001 H13MYPT1 rfrederick on PROD1PC67 with HOUSE H5580 CONGRESSIONAL RECORD — HOUSE May 13, 2009 01] (RIN: 0648-XM21) received March 16, 2009, REPORTS OF COMMITTEES ON ELLISON, Mr. KAGEN, Ms. ZOE pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- PUBLIC BILLS AND RESOLUTIONS LOFGREN of California, and Mr. mittee on Natural Resources. PLATTS): 1798. A letter from the Deputy Assistant Under clause 2 of rule XIII, reports of H.R. 2382. A bill to amend the Truth in Administrator For Regulatory Programs, committees were delivered to the Clerk Lending Act to prohibit unfair practices in NMFS, National Oceanic and Atmospheric for printing and reference to the proper electronic payment system networks, and for Administration, transmitting the Adminis- calendar, as follows: other purposes; to the Committee on Finan- tration’s final rule — Fisheries of the Exclu- Mr. PERLMUTTER: Committee on Rules. cial Services. sive Economic Zone Off Alaska; Record- House Resolution 434. Resolution providing By Mr. FLEMING: H.R. 2383. A bill to reauthorize the Cane keeping and Reporting [Docket No.: for consideration of the bill (H.R. 2346) mak- River National Heritage Area Commission 0812011537-9145-01] (RIN: 0648-AX45) received ing supplemental appropriations for the fis- and expand the boundaries of the Cane River March 27, 2009, pursuant to 5 U.S.C. cal year ending September 30, 2009, and for National Heritage Area in the State of Lou- 801(a)(1)(A); to the Committee on Natural other purposes. (Rept. 111–107). Referred to isiana; to the Committee on Natural Re- Resources. the House Calendar. 1799. A letter from the Acting Director, Of- sources. fice of Sustainable Fisheries, NMFS, Na- f By Mr. FLEMING: tional Oceanic and Atmospheric Administra- PUBLIC BILLS AND RESOLUTIONS H.R. 2384. A bill to authorize the Secretary tion, transmitting the Administration’s final of the Interior to enter into an agreement rule — Fisheries of the Exclusive Economic Under clause 2 of rule XII, public with Northwestern State University in Zone Off Alaska; Opening Directed Fishing bills and resolutions of the following Natchitoches, Louisiana, to construct a cu- for Pacific Cod by Catcher Vessels Greater titles were introduced and severally re- ratorial center for the use of Cane River Cre- Than or Equal to 60 feet (18.3 m) Length ferred, as follows: ole National Historical Park, the National Overall Using Pot Gear in the Bering Sea Center for Preservation Technology and By Mr. RYAN of Ohio (for himself, Mr. and Aleutian Islands management area Training, and the University, and for other TIM MURPHY of Pennsylvania, Mr. [Docket No.: 0810141351-9087-02] (RIN: 0648- purposes; to the Committee on Natural Re- ALTMIRE, Mr. JONES, Mr. DEFAZIO, XN54) received March 27, 2009, pursuant to 5 sources. Mr. WILSON of Ohio, Mr. BURTON of U.S.C. 801(a)(1)(A); to the Committee on Nat- By Mrs. CHRISTENSEN (for herself, Indiana, Mr. MICHAUD, Mr. SOUDER, ural Resources. Ms. BORDALLO, Mr. FALEOMAVAEGA, Mr. SHULER, Mr. MCHUGH, Mr. COBLE, 1800. A letter from the Acting Director, Of- Mr. PIERLUISI, and Mr. SABLAN): fice of Sustainable Fisheries, NMFS, Na- Mr. BARRETT of South Carolina, Mr. H.R. 2385. A bill to require the Secretary of tional Oceanic and Atmospheric Administra- BOUCHER, Ms. SUTTON, Mr. PLATTS, Energy to assemble a team of technical, pol- tion, transmitting the Administration’s final Mr. ARCURI, Mr. HIGGINS, Mr. BOS- icy, and financial experts to address the en- rule — Fisheries of the Caribbean, Gulf of WELL, Mr. CONYERS, Mr. GENE GREEN ergy needs of the insular areas of the United Mexico, and South Atlantic; Coastal Migra- of Texas, Ms. EDDIE BERNICE JOHNSON States and the Freely Associated States tory Pelagic Resources of the Gulf of Mexico of Texas, Mr. COSTELLO, Mr. LEE of through the development of action plans and South Atlantic; Closure [Docket No.: New York, Mr. HOLT, Mr. WESTMORE- aimed at reducing reliance on imported fos- 001005281-0369-02] (RIN: 0648-XN45) received LAND, Mr. ROHRABACHER, Mr. SHU- sil fuels and increasing use of indigenous March 27, 2009, pursuant to 5 U.S.C. STER, Mr. BRALEY of Iowa, Mr. WIL- clean-energy resources, and for other pur- 801(a)(1)(A); to the Committee on Natural SON of South Carolina, Mr. HOLDEN, poses; to the Committee on Energy and Com- Resources. Mr. OLVER, Mr. KAGEN, Mr. KILDEE, merce. 1801. A letter from the Acting Director, Of- Mr. HARE, Mrs. MYRICK, Mr. VIS- By Mr. SABLAN (for himself, Mrs. fice of Sustainable Fisheries, NMFS, Na- CLOSKY, Mr. MANZULLO, Mr. ROGERS CHRISTENSEN, Ms. BORDALLO, Mr. tional Oceanic and Atmospheric Administra- of Michigan, and Mr. BROWN of South FALEOMAVAEGA, and Mr. PIERLUISI): tion, transmitting the Administration’s final Carolina): H.R. 2386. A bill to amend the Energy Pol- rule — Fisheries of the Exclusive Economic H.R. 2378. A bill to amend title VII of the icy Act of 2005 to include American Samoa, Zone Off Alaska; Atka Mackerel Lottery in Tariff Act of 1930 to clarify that fundamental Guam, the Commonwealth of the Northern Areas 542 and 543 [Docket No.: 071106673-8011- exchange-rate misalignment by any foreign Mariana Islands, Puerto Rico, and the Virgin 02] (RIN: 0648-XM68) received March 27, 2009, nation is actionable under United States Islands in certain efforts to reduce diesel pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- countervailing and antidumping duty laws, emissions; to the Committee on Energy and mittee on Natural Resources. and for other purposes; to the Committee on Commerce. 1802. A letter from the Acting Director, Of- Ways and Means. By Ms. ROS-LEHTINEN (for herself, fice of Sustainable Fisheries, NMFS, Na- By Mr. BUYER: Mr. PENCE, Mr. BURTON of Indiana, tional Oceanic and Atmospheric Administra- H.R. 2379. A bill to amend title 38, United Mr. GALLEGLY, Mr. ROHRABACHER, tion, transmitting the Administration’s final States Code, to provide certain veterans an Mr. MACK, and Mr. MCCAUL): rule — Fisheries of the Exclusive Economic opportunity to increase the amount of Vet- H.R. 2387. A bill to require the use of long- Zone Off Alaska; Pacific Cod by Vessels erans’ Group Life Insurance; to the Com- term strategies for United States national Catching Pacific Cod for Processing by the mittee on Veterans’ Affairs. security, diplomacy, and foreign assistance Inshore Component in the Western Regu- By Mr. INGLIS (for himself, Mr. LIPIN- and the full use of performance-based budg- latory Area of the Gulf of Alaska [Docket SKI, and Mr. FLAKE): eting for foreign assistance programs, No.: 09100091344-9056-02] (RIN: 0648-XN19) re- H.R. 2380. A bill to amend the Internal Rev- projects, and activities, and for other pur- ceived March 27, 2009, pursuant to 5 U.S.C. enue Code of 1986 to reduce social security poses; to the Committee on Foreign Affairs. 801(a)(1)(A); to the Committee on Natural payroll taxes and to reduce the reliance of By Ms. SCHAKOWSKY: Resources. the United States economy on carbon-based H.R. 2388. A bill to assure that the services 1803. A letter from the Attorney General, energy sources; to the Committee on Ways of a nonemergency department physician are Department of Justice, transmitting notifi- and Means, and in addition to the Committee available to hospital patients 24 hours a day, cation that the Department has decided not on Rules, for a period to be subsequently de- seven days a week in all non-Federal hos- to seek Supreme Court review of the inter- termined by the Speaker, in each case for pitals with at least 100 licensed beds; to the locutory decision of the United States Court consideration of such provisions as fall with- Committee on Energy and Commerce. of Appeals for the Ninth Circuit in the case in the jurisdiction of the committee con- By Mr. HILL (for himself, Mr. Witt v. Department of the Air Force, 527 F.3d cerned. SCHRADER, Mr. ELLSWORTH, Mr. 806; to the Committee on the Judiciary. By Mr. CONYERS (for himself and Ms. DEFAZIO, and Mr. DONNELLY of Indi- 1804. A letter from the Assistant Secretary WOOLSEY): ana): of State, Department of State, transmitting H.R. 2381. A bill to direct the Secretary of H.R. 2389. A bill to require the Secretary of a report on the Secretary of State’s decision Labor to issue an occupational safety and Defense to establish registries of members to revoke the designation of an entity and health standard to reduce injuries to pa- and former members of the Armed Forces ex- its aliases as a ‘‘foreign terrorist organiza- tients, direct-care registered nurses, and all posed in the line of duty to occupational and tion’’ pursuant to Section 219 of the Immi- other health care workers by establishing a environmental health chemical hazards, to gration and Nationality Act (INA), as safe patient handling and injury prevention amend title 38, United States Code, to pro- amended (8 U.S.C. 1189); to the Committee on standard, and for other purposes; to the vide health care to veterans exposed to such the Judiciary. Committee on Education and Labor, and in hazards, and for other purposes; to the Com- 1805. A letter from the Assistant Secretary addition to the Committees on Energy and mittee on Armed Services, and in addition to of State, Department of State, transmitting Commerce, and Ways and Means, for a period the Committee on Veterans’ Affairs, for a pe- a report on the Secretary of State’s decision to be subsequently determined by the Speak- riod to be subsequently determined by the to designate an entity and its aliases as a er, in each case for consideration of such pro- Speaker, in each case for consideration of ‘‘foreign terrorist organization’’, pursuant to visions as fall within the jurisdiction of the such provisions as fall within the jurisdic- Section 219 of the Immigration and Nation- committee concerned. tion of the committee concerned. ality Act (INA), as amended (8 U.S.C. 1189); By Mr. WELCH (for himself, Mr. SHU- By Ms. ROYBAL-ALLARD (for herself to the Committee on the Judiciary. STER, Mr. BARROW, Mr. CARNEY, Mr. and Mr. SESSIONS):

VerDate Nov 24 2008 02:58 May 14, 2009 Jkt 079060 PO 00000 Frm 00092 Fmt 7634 Sfmt 0634 E:\CR\FM\L13MY7.000 H13MYPT1 rfrederick on PROD1PC67 with HOUSE May 13, 2009 CONGRESSIONAL RECORD — HOUSE H5581 H.R. 2390. A bill to provide for a Medicare quently determined by the Speaker, in each on Education and Labor, and in addition to prescription drug outreach demonstration case for consideration of such provisions as the Committee on Foreign Affairs, for a pe- program for individuals who are eligible for fall within the jurisdiction of the committee riod to be subsequently determined by the benefits under the Medicare Program and for concerned. Speaker, in each case for consideration of medical assistance under Medicaid and who By Mr. MATHESON: such provisions as fall within the jurisdic- have mental disabilities; to the Committee H.R. 2400. A bill to amend the Public tion of the committee concerned. on Energy and Commerce, and in addition to Health Service Act to enhance efforts to ad- By Mr. SKELTON (for himself and Mr. the Committee on Ways and Means, for a pe- dress antimicrobial resistance; to the Com- MCHUGH): riod to be subsequently determined by the mittee on Energy and Commerce. H. Res. 432. A resolution providing for pas- Speaker, in each case for consideration of By Mrs. MCCARTHY of New York (for sage of the bill (H.R. 2101) to promote reform such provisions as fall within the jurisdic- herself and Mr. ISRAEL): and independence in the oversight of weap- tion of the committee concerned. H.R. 2401. A bill to increase public safety ons system acquisition by the Department of By Mr. LEWIS of Georgia: and reduce the threat to domestic security Defense, and for other purposes; considered H.R. 2391. A bill to amend the Internal Rev- by including persons who may be prevented and agreed to. enue Code of 1986 to increase the amounts from boarding an aircraft in the National In- By Mr. NADLER of New York (for him- available in the Highway Trust Fund; to the stant Criminal Background Check System, self, Ms. BALDWIN, Mr. FRANK of Mas- Committee on Ways and Means. and for other purposes; to the Committee on sachusetts, and Mr. POLIS): By Mr. ISSA: the Judiciary. H. Res. 433. A resolution recognizing the H.R. 2392. A bill to improve the effective- By Mr. NEAL of Massachusetts (for 40th anniversary of Stonewall; to the Com- ness of the Government’s collection, anal- himself and Mrs. DAVIS of California): mittee on the Judiciary. H.R. 2402. A bill to amend the Public ysis, and dissemination of business informa- By Mr. HONDA (for himself, Ms. JACK- Health Service Act to ensure fairness in the tion by using modern interactive data tech- SON-LEE of Texas, Ms. CLARKE, Ms. coverage of women in the individual health nologies; to the Committee on Oversight and WATSON, Ms. HIRONO, Mr. ROTHMAN of insurance market; to the Committee on En- Government Reform. New Jersey, Mr. ARCURI, Ms. BALD- ergy and Commerce. By Mr. MCCARTHY of California (for WIN, Mr. FOSTER, Mr. COOPER, Ms. By Mr. WAMP (for himself, Mr. JACK- himself, Mr. BOREN, Mr. CANTOR, Mr. BORDALLO, Mr. SABLAN, Mr. CAO, Mr. SON of Illinois, Mr. SESSIONS, Mr. DANIEL E. LUNGREN of California, Mr. FALEOMAVAEGA, Mr. AL GREEN of LATTA, Mr. KLINE of Minnesota, Mr. HARPER, and Mr. TIAHRT): Texas, Mr. OLVER, Ms. CASTOR of FORBES, Mr. BOOZMAN, Mr. WILSON of H.R. 2393. A bill to amend the Uniformed Florida, Mr. PALLONE, Mrs. CAPPS, South Carolina, Mr. REICHERT, Mr. and Overseas Citizens Absentee Voting Act Mr. SCOTT of Virginia, Mr. NADLER of MILLER of Florida, Mr. BISHOP of to improve procedures for the collection and New York, Ms. TSONGAS, Ms. KAPTUR, Utah, Mr. KINGSTON, Mr. BURGESS, delivery of marked absentee ballots of ab- Mr. CONNOLLY of Virginia, Mr. Mr. CARTER, Mr. THORNBERRY, Mr. sent overseas uniformed services voters, and BUTTERFIELD, Mr. DAVIS of Ten- SAM JOHNSON of Texas, Mr. for other purposes; to the Committee on nessee, Ms. KOSMAS, Mr. SPRATT, Mr. CULBERSON, Mr. HINOJOSA, Mr. House Administration. FARR, Ms. ROYBAL-ALLARD, Mr. MCCAUL, Mr. POE of Texas, Mr. BUR- By Mr. BACA: ABERCROMBIE, Mr. LEVIN, Mrs. TON of Indiana, Mr. PENCE, Mr. KING H.R. 2394. A bill to establish the Family NAPOLITANO, Mr. REYES, Mr. of Iowa, Mr. SHUSTER, Mr. JONES, Mr. Foreclosure Rescue Corporation to provide GRIJALVA, Ms. LORETTA SANCHEZ of BROUN of Georgia, Mr. BARRETT of emergency relief to refinance home mort- California, Mr. ORTIZ, Mr. KAGEN, Mr. South Carolina, Mr. TIM MURPHY of gages of homeowners in foreclosure or de- VAN HOLLEN, Mr. TAYLOR, Mr. KIND, Pennsylvania, Mr. CHAFFETZ, Mr. fault; to the Committee on Financial Serv- Mr. HILL, Mr. MOORE of Kansas, Mr. GOHMERT, Mr. AKIN, Mr. MORAN of ices, and in addition to the Committee on LUJAN, Mr. SIRES, Mr. BACA, Mr. Kansas, Mr. SCHOCK, Mr. MCGOVERN, Ways and Means, for a period to be subse- RUSH, Mr. HIGGINS, Mr. WALZ, Mr. Ms. WATSON, Ms. CLARKE, Mr. SCHIFF, quently determined by the Speaker, in each DOGGETT, Mr. TONKO, Mr. COSTA, Mr. Ms. LEE of California, Ms. MCCOL- case for consideration of such provisions as TANNER, Mrs. MALONEY, and Ms. LUM, Mrs. LOWEY, Mr. HARE, Mr. fall within the jurisdiction of the committee RICHARDSON): BISHOP of Georgia, Mr. BUTTERFIELD, concerned. H. Res. 435. A resolution celebrating Asian Mr. KILDEE, Ms. FUDGE, Mr. HASTINGS By Mr. ENGEL: Pacific American Heritage Month; to the of Florida, Mr. MEEKS of New York, H.R. 2395. A bill to enable state and local Committee on Oversight and Government Mr. CONYERS, Mr. JOHNSON of Geor- promotion of natural gas, flexible fuel, and Reform. gia, Mr. PAYNE, Mr. CLYBURN, Ms. high-efficiency motor vehicle fleets; to the By Mr. POLIS: KAPTUR, Mr. KUCINICH, Mr. TOWNS, Committee on Energy and Commerce. H. Res. 436. A resolution mourning the loss Mr. CUMMINGS, Ms. MOORE of Wis- By Mrs. HALVORSON: of Bea Arthur, celebrating her life and work, H.R. 2396. A bill to amend the Internal Rev- consin, Mr. WATT, Mr. DAVIS of Illi- and honoring her many contributions to enue Code of 1986 to provide for an extension nois, Mr. SCOTT of Georgia, Ms. JACK- equality and social justice for all Americans; of the employer wage credit for employees SON-LEE of Texas, Ms. EDWARDS of to the Committee on Oversight and Govern- who are active duty members of the Uni- Maryland, Mr. CLAY, Ms. KILPATRICK ment Reform. formed Services; to the Committee on Ways of Michigan, Mr. ELLISON, Ms. WA- and Means. TERS, Mr. MEEK of Florida, Mr. f By Mr. HUNTER: THOMPSON of Mississippi, Ms. EDDIE H.R. 2397. A bill to amend title III of the BERNICE JOHNSON of Texas, Mr. CAR- MEMORIALS Americans with Disabilities Act of 1990 to re- SON of Indiana, and Mr. CLEAVER): Under clause 4 of Rule XXII, memo- quire a plaintiff to provide a defendant with H. Con. Res. 125. Concurrent resolution di- rials were presented and referred as fol- an opportunity to correct a violation of such recting the Architect of the Capitol to design lows: title voluntarily before the plaintiff may and place an educational display in the Cap- commence a civil action, and for other pur- itol Visitor Center to explain the signifi- 44. The SPEAKER presented a memorial of poses; to the Committee on the Judiciary. cance of the naming of Emancipation Hall; the State House of Missouri, relative to Res- By Mr. JONES: to the Committee on House Administration. olution No. 09–03 In Support of Missouri H.R. 2398. A bill to amend the Internal Rev- By Ms. WATSON (for herself, Mr. House Concurrent Resolution 13 Relating to enue Code of 1986 to waive recapture of the HARE, Ms. RICHARDSON, Ms. EDWARDS State Sovereignty; to the Committee on the first-time homebuyer credit for a member of of Maryland, Ms. EDDIE BERNICE Judiciary. the Armed Forces who sells the residence for JOHNSON of Texas, Mr. MCGOVERN, f which the member receives the credit during Mr. DAVIS of Illinois, Mr. PAYNE, Mr. the 36-month period after the purchase of the ELLISON, Mr. AL GREEN of Texas, Mr. ADDITIONAL SPONSORS residence because the member is transferred GEORGE MILLER of California, Mrs. Under clause 7 of rule XII, sponsors to a new duty station, is deployed overseas, AUSCHER C ARTHY T , Mrs. M C of New were added to public bills and resolu- or is required to reside in Government quar- York, Ms. DEGETTE, Mr. CLEAVER, ters during such period; to the Committee on Ms. JACKSON-LEE of Texas, Mr. tions as follows: Ways and Means. BUTTERFIELD, Mr. GUTIERREZ, Mr. H.R. 21: Mr. MORAN of Virginia. By Mr. LANGEVIN: CLAY, Ms. CLARKE, Ms. KILPATRICK of H.R. 22: Ms. BORDALLO. H.R. 2399. A bill to amend the Social Secu- Michigan, Mr. WATT, Ms. MOORE of H.R. 52: Ms. JACKSON-LEE of Texas, Mr. rity Act and the Internal Revenue Code of Wisconsin, Ms. MCCOLLUM, Ms. WA- KLEIN of Florida, and Mr. ACKERMAN. 1986 to assure comprehensive, affordable TERS, Mr. CONYERS, Mr. WAXMAN, Mr. H.R. 104: Ms. DELAURO. health insurance coverage for all Americans RUSH, and Ms. WOOLSEY): H.R. 179: Mr. ACKERMAN, Mr. BISHOP of New through an American Health Benefits Pro- H. Con. Res. 126. Concurrent resolution rec- York, Mr. BUTTERFIELD, Mr. CLAY, Mr. gram; to the Committee on Ways and Means, ognizing the 50th anniversary of Title VI ENGEL, Ms. EDDIE BERNICE JOHNSON of Texas, and in addition to the Committee on Energy international education programs within the Mrs. LOWEY, Mrs. MCCARTHY of New York, and Commerce, for a period to be subse- Department of Education; to the Committee Mr. PASTOR of Arizona, Ms. RICHARDSON, Mr.

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THOMPSON of Mississippi, Mr. WATT, Mr. H.R. 1410: Mr. CAPUANO and Mr. PASTOR of H.R. 2294: Mr. GINGREY of Georgia, Mr. ISRAEL, Mr. SABLAN, and Mr. PAYNE. Arizona. SULLIVAN, Mr. BROUN of Georgia, Mr. BISHOP H.R. 197: Mr. CAMP, Mr. DAVIS of Kentucky, H.R. 1425: Mr. ACKERMAN and Ms. HIRONO. of Utah, Mr. BOUSTANY, Mr. ROSKAM, Mr. and Mr. PETRI. H.R. 1441: Mr. MCGOVERN. ROGERS of Kentucky, Mr. PAULSEN, Mr. H.R. 209: Mr. HOLT, Mr. RYAN of Ohio, and H.R. 1466: Mr. FILNER. MORAN of Kansas, Mr. LATHAM, Mr. WAMP, Mr. CARNAHAN. H.R. 1479: Mr. FILNER, Ms. TSONGAS, Mr. Mr. GALLEGLY, Mr. LINCOLN DIAZ-BALART of H.R. 218: Mr. LEWIS of Georgia. KUCINICH, Mr. DAVIS of Illinois, and Mr. Florida, Mr. CONAWAY, Mr. LAMBORN, Mr. H.R. 235: Mr. CLAY. DAVIS of Alabama. MARIO DIAZ-BALART of Florida, Mr. LUCAS, H.R. 294: Mr. MARCHANT. H.R. 1531: Mr. KIND. Mr. TERRY, Mr. YOUNG of Alaska, Mr. ISSA, H.R. 303: Ms. JENKINS. H.R. 1547: Mr. POSEY. Mr. WILSON of South Carolina, Mr. GOOD- H.R. 314: Ms. GIFFORDS. H.R. 1548: Mr. EDWARDS of Texas. LATTE, Mr. DEAL of Georgia, Mr. SENSEN- H.R. 347: Mr. BACHUS. H.R. 1584: Mr. BOYD. BRENNER, Mr. DENT, Mr. BURGESS, Mr. H.R. 391: Mr. CANTOR. H.R. 1585: Ms. SHEA-PORTER, Mr. BOUCHER, LATTA, Mr. LOBIONDO, Mr. FRANKS of Ari- H.R. 439: Mr. WOLF. Mr. BISHOP of New York, and Mr. HIMES. zona, Mr. SCALISE, Mr. COBLE, and Mr. PUT- H.R. 456: Mr. BISHOP of Utah. H.R. 1670: Mr. JOHNSON of Georgia and Mr. NAM. OGERS H.R. 503: Mr. R of Michigan and Mr. BISHOP of New York. H.R. 2296: Mr. BONNER, Mr. HENSARLING, EICHERT R . H.R. 1708: Mr. COURTNEY, Mr. GONZALEZ, Mr. WILSON of South Carolina, Mr. KLINE of H.R. 510: Mr. DEAL of Georgia, Mr. MAN- Mr. CARNAHAN, and Mr. KLINE of Minnesota. Minnesota, Mr. GINGREY of Georgia, Mrs. ZULLO, Mr. NEAL of Massachusetts, Mr. KIN OLE ROUN H.R. 1712: Mr. A , Mr. C , Mr. B BLACKBURN, Mr. MACK, and Mr. CAMP. DAVIS of Kentucky, and Mr. PLATTS. of Georgia, Mr. HENSARLING, Mr. BARTLETT, H.R. 2312: Mr. BOUSTANY. H.R. 520: Mr. SCHIFF. Mr. MCCLINTOCK, and Ms. FALLIN. H.R. 2321: Mr. LATTA and Mr. CONAWAY. H.R. 528: Mr. POSEY. H.R. 1727: Mr. COBLE. H.R. 2329: Mr. MINNICK, Mr. WU, Mr. H.R. 556: Mr. BERMAN and Mr. WAXMAN. H.R. 1744: Mr. DICKS, Mrs. MCMORRIS ROD- MCGOVERN, Mr. WALZ, Mr. MICHAUD, and Mr. H.R. 564: Mr. BERMAN. GERS, and Mr. BOREN. KIND. H.R. 621: Mr. MOORE of Kansas and Mr. H.R. 1751: Mr. HONDA. H.R. 2345: Mr. ANDREWS, Mr. SIRES, and Mr. PASTOR of Arizona. H.R. 1803: Mr. SCHOCK and Mr. HIMES. LANCE. H.R. 678: Mr. POSEY. H.R. 1816: Mr. MCHUGH. H.R. 2360: Mr. CARNEY, Mr. CHILDERS, Ms. H.R. 690: Mr. POSEY. H.R. 1818: Mr. MARCHANT. MARKEY of Colorado, Mr. TIM MURPHY of H.R. 739: Mr. MOORE of Kansas and Ms. ED- H.R. 1826: Mr. SMITH of Washington. Pennsylvania, and Mr. LATOURETTE. WARDS of Maryland. H.R. 1845: Mr. SIMPSON. H.R. 2364: Mr. LARSEN of Washington. H.R. 745: Mr. LEWIS of Georgia, Mr. BACH- H.R. 1867: Mr. CUELLAR, Ms. GIFFORDS, Ms. H.R. 2365: Mr. KANJORSKI and Ms. US, and Mr. CAPUANO. TITUS, Mr. TEAGUE, Mrs. LOWEY, and Mr. SCHAKOWSKY. H.R. 816: Ms. BALDWIN, Mr. STUPAK, and TONKO. H.R. 2368: Ms. MATSUI and Mr. SCHIFF. Ms. ROS-LEHTINEN. H.R. 1872: Mr. KIND. H.R. 2371: Mr. PALLONE. H.R. 848: Mr. CROWLEY and Ms. WATSON. H.R. 1878: Mr. MCCOTTER. H.R. 2375: Mr. ROYCE. H.R. 874: Mr. DRIEHAUS. H.R. 1881: Mr. KUCINICH, Mr. MAFFEI, Mr. H. Con. Res. 18: Mr. POSEY, Mr. SHIMKUS, H.R. 916: Mr. UPTON. DELAHUNT, Mr. CONYERS, Ms. SUTTON, Mr. Mr. PRICE of Georgia, Mr. MARCHANT, Mr. H.R. 927: Mr. ALEXANDER and Mr. FILNER. ROTHMAN of New Jersey, Mr. HOLT, Mr. LAMBORN, Mr. PITTS, Mr. LUCAS, Mr. FLEM- H.R. 934: Mr. YOUNG of Alaska. BISHOP of New York, Mr. HIGGINS, Mr. RAN- ING, Mr. SHADEGG, Mr. POE of Texas, Mr. H.R. 946: Mr. WATT. GEL, Ms. VELA´ ZQUEZ, Ms. KAPTUR, Mr. MORAN KLINE of Minnesota, Mr. LEE of New York, H.R. 949: Mr. KAGEN. of Virginia, Mr. KENNEDY, Mrs. CAPPS, Mr. Ms. FOXX, and Mr. ANDREWS. H.R. 953: Mr. MARCHANT. YARMUTH, and Ms. GIFFORDS. H. Con. Res. 105: Mr. ABERCROMBIE, Mr. H.R. 980: Mr. CROWLEY. H.R. 1928: Mr. WELCH. MITCHELL, and Mr. BILIRAKIS. H.R. 983: Mr. PAULSEN. H.R. 1930: Mr. BURGESS. H. Con. Res. 108: Mr. VAN HOLLEN and Mrs. H.R. 1016: Mr. MEEK of Florida and Mr. H.R. 1941: Mrs. KIRKPATRICK of Arizona. DAVIS of California. GONZALEZ. H.R. 1972: Mr. JONES. H. Con. Res. 124: Mr. GALLEGLY. H.R. 1021: Mr. BRALEY of Iowa, Mr. CARSON H.R. 1977: Mr. STUPAK. H. Res. 111: Mr. WILSON of South Carolina of Indiana, and Mr. PUTNAM. H.R. 1982: Mr. MITCHELL, Mr. BISHOP of New and Mr. RANGEL. H.R. 1030: Mr. JONES. York, and Ms. ROS-LEHTINEN. H. Res. 130: Mr. SIRES. H.R. 1064: Mrs. DAVIS of California, Mr. H.R. 1992: Mr. SCHIFF. H. Res. 232: Mr. BROWN of South Carolina SIRES, Mr. RODRIGUEZ, Mr. PASTOR of Ari- H.R. 1993: Mr. BACA, Mr. COHEN, and Mr. and Mr. OLSON. zona, and Ms. SCHWARTZ. WALZ. H. Res. 317: Mr. LUETKEMEYER. H.R. 1066: Mr. TONKO, Mr. LYNCH, and Mr. H.R 2006: Mr. KENNEDY, Mr. CHANDLER, Mr. H. Res. 327: Mr. SERRANO. H. Res. 333: Mr. CARSON of Indiana. CLAY. GENE GREEN of Texas, Mr. PAYNE, Mr. H. Res. 347: Mr. CARDOZA and Mr. NYE. H.R. 1074: Mr. OLSON and Mr. DAVIS of Ken- HONDA, and Mr. MCHUGH. H. Res. 374: Mr. AL GREEN of Texas, Mr. tucky. H.R. 2017: Mr. BARTLETT and Mr. BISHOP of FLEMING, Mr. COSTELLO, and Mr. MORAN of H.R. 1147: Mr. FILNER, Ms. CLARKE, Mr. Utah. Kansas. MCDERMOTT, Mr. HONDA, and Ms. H.R. 2063: Mr. LAMBORN. H. Res. 377: Mr. DAVIS of Alabama. SCHAKOWSKY. H.R. 2076: Mr. MCDERMOTT. H. Res. 390: Mr. BACHUS and Mr. COBLE. H.R. 1179: Mrs. LOWEY. H.R. 2103: Mr. CONYERS, Mr. RANGEL, Mr. H. Res. 397: Mr. MCHENRY and Mr. ROGERS H.R. 1204: Mr. ETHERIDGE, Mr. EDWARDS of GORDON of Tennessee, Ms. EDWARDS of Mary- of Kentucky. Texas, and Mr. LUCAS. land, Mrs. NAPOLITANO, Ms. NORTON, Mr. H. Res. 404: Mr. BACHUS. H.R. 1205: Mr. LEWIS of Georgia, Mr. MARSHALL, Ms. WOOLSEY, and Ms. H. Res. 407: Mr. TERRY, Mr. HINOJOSA, Mr. ´ LAMBORN, Mr. CARNAHAN, Mr. KLINE of Min- VELAZQUEZ. RUSH, Mr. MASSA, Mr. RYAN of Ohio, Mr. nesota, Mr. SOUDER, and Mr. BISHOP of New H.R. 2106: Mr. WILSON of South Carolina COHEN, Mr. MEEK of Florida, Mr. FARR, and York. and Mr. DENT. Mrs. NAPOLITANO. H.R. 1207: Mr. ROGERS of Alabama, Mr. H.R. 2123: Mr. GORDON of Tennessee, Mr. H. Res. 411: Mr. EHLERS. MINNICK, Mr. BOUSTANY, Mr. TURNER, Mr. ARCURI, Mr. WOLF, and Mr. FORTENBERRY. H. Res. 416: Mr. BRADY of Pennsylvania. HUNTER, and Mr. PERRIELLO. H.R. 2141: Mr. SESTAK and Mr. GUTIERREZ. H. Res. 428: Mr. YARMUTH, Mr. CUMMINGS, H.R. 1209: Ms. KILPATRICK of Michigan and H.R. 2144: Mr. SAM JOHNSON of Texas. Mr. HUNTER, Mr. LAMBORN, Mr. ROGERS of Ms. BALDWIN. H.R. 2177: Mr. POLIS. Michigan, Mr. COBLE, Mr. COLE, Mr. BRADY H.R. 1210: Mr. PRICE of North Carolina and H.R. 2194: Mr. SIRES, Mr. ADLER of New of Texas, Mr. JONES, Mr. WAMP, Mr. Mr. BONNER. Jersey, Mr. UPTON, Mr. LANCE, Mr. LATTA, HASTINGS of Florida, Mr. LUCAS, Mr. H.R. 1240: Ms. EDWARDS of Maryland. Ms. GIFFORDS, Mr. RUSH, Mr. CONNOLLY of LANGEVIN, Ms. FALLIN, Mr. HEINRICH, Mr. H.R. 1283: Mr. PETERS. Virginia, Mr. ADERHOLT, Mr. DEFAZIO, Mr. CLYBURN, Mr. RODRIGUEZ, Mr. BUTTERFIELD, H.R. 1289: Mr. KENNEDY. HARE, and Mr. SMITH of Nebraska. Mr. ROSS, Mr. TAYLOR, and Mr. GERLACH. H.R. 1310: Mr. FATTAH. H.R. 2201: Mr. LOEBSACK. H. Res. 430: Ms. EDDIE BERNICE JOHNSON of H.R. 1321: Mrs. CHRISTENSEN. H.R. 2205: Mr. ABERCROMBIE. Texas, Mr. BURTON of Indiana, and Ms. H.R. 1326: Mr. HASTINGS of Florida and Mr. H.R. 2213: Mr. WELCH. BORDALLO. PETERS. H.R. 2243: Mr. RODRIGUEZ. f H.R. 1327: Mr. WEINER, Mr. VAN HOLLEN, H.R. 2246: Ms. MCCOLLUM. Mr. ISRAEL, and Mr. BRALEY of Iowa. H.R. 2254: Mr. RODRIGUEZ, Mr. KILDEE, Mr. PETITIONS, ETC. H.R. 1378: Mr. GORDON of Tennessee and Mr. HINCHEY, Mr. MCMAHON, Mr. COURTNEY, Mr. Under clause 1 of Rule XXII, peti- CARNAHAN. MCGOVERN, Ms. PINGREE of Maine, and Mr. H.R. 1392: Mr. BRALEY of Iowa, Mr. BISHOP BRALEY of Iowa. tions and papers were laid on the of New York, Mr. TIM MURPHY of Pennsyl- H.R. 2273: Mr. HOLDEN. Clerk’s desk and referred as follows: vania, and Mr. RUSH. H.R. 2287: Mr. LAMBORN, Mrs. MYRICK, Mr. 34. The SPEAKER presented a petition of H.R. 1398: Mr. TIM MURPHY of Pennsyl- BILBRAY, Mr. ROGERS of Kentucky, Mr. the Chicago City Council, relative to a reso- vania. MCHUGH, and Mr. HELLER. lution urging the United States Congress to

VerDate Nov 24 2008 02:58 May 14, 2009 Jkt 079060 PO 00000 Frm 00094 Fmt 7634 Sfmt 0634 E:\CR\FM\A13MY7.052 H13MYPT1 rfrederick on PROD1PC67 with HOUSE May 13, 2009 CONGRESSIONAL RECORD — HOUSE H5583 include in the American Recovery and Rein- DBEs; to the Committee on Oversight and rectly affected by the terrorist attack in vestment Act of 2009 provisions that will Government Reform. New York on September 11, 2001, including allow state and local grant recipients to fol- 35. Also, a petition of the Community those who lived, worked, volunteered and at- low state and local procurement practices Board No. 1 of New York, NY, relative to a tended school in Lower Manhattan; jointly rather than federally required laws and rules resolution supporting the 9/11 Health and to the Committees on Energy and Commerce for grant recipients, including without limi- Compensation Act of 2009 (H.R. 847), which tation the using of M/WBEs rather than would provide necessary services to those di- and the Judiciary.

VerDate Nov 24 2008 02:58 May 14, 2009 Jkt 079060 PO 00000 Frm 00095 Fmt 7634 Sfmt 0634 E:\CR\FM\L13MY7.002 H13MYPT1 rfrederick on PROD1PC67 with HOUSE E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 111 CONGRESS, FIRST SESSION

Vol. 155 WASHINGTON, WEDNESDAY, MAY 13, 2009 No. 73 Senate The Senate met at 9:30 a.m. and was U.S. SENATE, we face. The American people deserve called to order by the Honorable MARK PRESIDENT PRO TEMPORE, the leaders they asked for in November BEGICH, a Senator from the State of Washington, DC, May 13, 2009. when they demanded we clean up the Alaska. To the Senate: mess the last administration left be- Under the provisions of rule I, paragraph 3, of the Standing Rules of the Senate, I hereby hind. PRAYER appoint the Honorable MARK BEGICH, a Sen- One of those key players is a man by The Chaplain, Dr. Barry C. Black, of- ator from the State of Alaska, to perform the name of David Hayes, the man fered the following prayer: the duties of the Chair. President Obama has nominated to be Let us pray. ROBERT C. BYRD, Deputy Secretary of the Interior. Mr. Our Father and our God, we hold be- President pro tempore. Hayes served successfully in this same fore You the fears and hopes of our Mr. BEGICH thereupon assumed the position during the Clinton administra- hearts. We confess that we haven’t chair as Acting President pro tempore. tion and understands better than prob- loved and trusted You as we ought, for f ably anyone else what it takes to effec- You give perfect peace to those who tively run a department of about 70,000 RECOGNITION OF THE MAJORITY keep their minds on You. people; that is, the Department of Inte- LEADER Lord, impart wisdom to our Sen- rior. As Deputy Secretary of Interior, ators. Help them remember that they The ACTING PRESIDENT pro tem- Hayes would work closely with our aren’t orphans beneath the sky but pore. The majority leader is recog- former colleague, Secretary Ken Your children and that all their ways nized. Salazar, on important decisions about are held in Your care. Give our law- f many issues. No two States understand the impor- makers the glorious liberty that comes SCHEDULE from knowing they are heirs of celes- tance of the Secretary of Interior more tial blessings and that nothing can sep- Mr. REID. Mr. President, following than Alaska and Nevada. Eighty-seven arate them from Your love. Let Your leader remarks, the Senate will pro- percent of the State of Nevada is owned peace that passes understanding keep ceed to executive session to consider by the Federal Government. Alaska is their hearts and minds in the knowl- the nomination of David Hayes to be second. Other States have large edge and love of You. May they yield Deputy Secretary of Interior. There amounts of land controlled by the Fed- their attitudes and dispositions to will be up to 1 hour for debate, equally eral Government and the Secretary of Your control so that they might work divided and controlled between the two Interior, and consequently his deputy effectively with each other. leaders or their designees, prior to a would have some say over it. Secretary We pray in Your powerful Name. cloture vote on that nomination. The Salazar must make important deci- Amen. Senate will recess from 12:30 to 1:30 to sions about developing renewable en- allow for a special Democratic caucus ergy resources that will create jobs, f meeting. protecting our wildlife, preserving our PLEDGE OF ALLEGIANCE The reception for the spouses dinner public lands for future generations, and at the Botanic Garden begins at 6:30 to- keeping our water clean and accessible. The Honorable MARK BEGICH led the night, and Senators are encouraged to David Hayes will play a central role in Pledge of Allegiance, as follows: attend. This is a nice event. We don’t correcting the mistakes of the past and I pledge allegiance to the Flag of the have an opportunity to get together making important decisions for the fu- United States of America, and to the Repub- very often, so this is something we all ture. lic for which it stands, one nation under God, look forward to, and I am confident it The past 8 years of the Interior De- indivisible, with liberty and justice for all. will be a very good evening for us all. partment were marked by mismanage- f f ment and scandal. Secretary Salazar’s Department has inherited the APPOINTMENT OF ACTING NOMINATION OF DAVID HAYES unenviable task of getting the Amer- PRESIDENT PRO TEMPORE Mr. REID. Senators with good inten- ican people to once again trust an The PRESIDING OFFICER. The tions can disagree on issues. They can agency that manages one-fifth of the clerk will please read a communication disagree with our Nation’s leaders. But Nation’s landmass and 1.7 billion acres to the Senate from the President pro we should all be able to agree that the off our coasts. tempore (Mr. BYRD). President and his Cabinet deserve a The Department is also moving us The legislative clerk read the fol- complete lineup when that team takes forward in critical ways. Secretary lowing letter: the field on the most important issues Salazar has made it clear that he will

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

S5397

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Last year’s report also dangerous dependence on foreign oil. many skills he has is the ability to predicted that Medicare would start Secretary Salazar deserves the oppor- work cooperatively and in a bipartisan paying out more than it takes in with- tunity to have the best and most fashion on the most complex issues. I in a year and that the trust fund for knowledgable people around him to wish our Republican colleagues would this vital program would go bankrupt make this energy revolution happen. show the same spirit on at least con- about a decade after that. On Secretary Salazar’s list, the first firming such a clearly qualified can- The report that was released yester- is David Hayes. He is a graduate of didate for such a political job. No one day presents a far graver scenario. Notre Dame University, Stanford Law questions his qualifications. He is a As a result of the current recession, School. He is experienced, pragmatic, man of high moral standards. He has Social Security will start paying out and creative. For 30 years, he has an excellent academic background. No more than it takes in by 2016, and it worked in natural resources and envi- one questions his capabilities. The real will go bankrupt 4 years earlier than ronmental law. He has written dozens issue is these oil and gas leases. He is previously expected. The situation for of articles and book chapters about a good and honest man. He is bright, Medicare is even more serious. Medi- water supply issues, clean energy, and successful, and a proven leader. Our care is already paying out more than it land conservation, among other impor- country is fortunate that he has one takes in, and it will be bankrupt in just tant topics. He has a long and impres- again answered the call to serve. 8 years, 2 years earlier than expected, sive track record of negotiating the I understand at their meeting yester- according to yesterday’s report. kinds of difficult issues the Depart- day there was a plea: We have to stop It would be irresponsible for Congress ment of Interior deals with every day. Democrats from confirming this man. I to wait any longer before addressing But he can’t get this work done until say to my friends: David Hayes will be this problem. Some say we haven’t this body confirms him. confirmed. If I have to wait until Al reached a point of crisis yet, so we can In a repeat of a scene we have unfor- Franken comes, he is going to be con- continue to kick the problem down the tunately become far too familiar with firmed. We are going to confirm David road until these programs actually go lately, Republicans are standing in the Hayes. Everyone should understand bankrupt. They seem to think that if way. I know those holding up Mr. that. If we happen to lose this today, I the house is on fire, it is OK to wait Hayes’ nomination feel passionately will just move to reconsider until we until the whole place burns down be- about their priorities, but I also know have the votes. Ken Salazar is going to fore you call the fire department. that Secretary Salazar and Mr. Hayes have David Hayes working with him. Most Americans disagree. Most peo- believe just as strongly about finding Everyone should understand that. Sec- ple think that if a program they de- common ground that serves all of our retary Salazar has bent over backward pend on is falling apart, or is about to interests. to answer the questions of Senators fall apart, then their elected represent- The real issue is the fact that in the who are questioning these oil and gas atives in Washington have an obliga- last minutes of the Bush administra- leases and a few other things. Salazar tion to tell them about it, and to do tion, the waning minutes, Secretary is a man who is known for his ability something. The time to act is now, be- Kempthorne issued 77 oil and gas to compromise. He is a consensus fore these programs go bankrupt—not leases. These leases are next door to builder. I hope people will allow this after. national parks. It was a concern of the nomination to go forward. If there were The warning signs about Social Secu- National Park Service when it was some question about Mr. Hayes having rity and Medicare have been around us done. The environmental community is written a law review article where he is for years, and the problems with these up in arms. The people of Utah don’t calling for something that is out- programs are also at the core of the like it. No one else would. We have one landish or if he had done something in current record levels of government national park in Nevada, Great Basin the past that was out of line—I have spending and debt. At the moment, National Park. I know how the people never heard a single word about his programs like Social Security, Medi- of Nevada would feel if they had start- qualifications. He is a man who is care, and Medicaid, as well as the in- ed bringing in oil rigs next to Great qualified for this job. The President terest we pay on the national debt, Basin National Bark. They wouldn’t has nominated him. consume nearly seven out of every 10 like it. Ken Salazar, when he became In fairness, I ask unanimous consent dollars the Federal Government Secretary of the Interior, withdrew that my time be charged against the spends—Medicare, Social Security, those regulations. He didn’t terminate majority time, whatever time I used. Medicaid, and the national debt. Soon them, he withdrew them for further The ACTING PRESIDENT pro tem- we will have little money left for any- study, further review. We have here an pore. Without objection, it is so or- thing else, including vital priorities issue of the people of the State of Utah dered. such as defense, health care, transpor- tation, and programs that fuel job cre- versus oil companies. For far too long, f the oil companies have always won. ation. Let’s make it so that the people win RECOGNITION OF THE MINORITY Reform has been put off for too long. for a change. LEADER Take Medicare reforms, for example. Every State has unique challenges. The ACTING PRESIDENT pro tem- By law, the President is required to Mr. Hayes is prepared to travel across pore. The Republican leader is recog- submit legislation to lower Medicare the West to confront them head-on, not nized. spending levels if the cashflow of this so he can tell States what to do but, f program falls below a certain level. So rather, so he can work with them to last year, when Medicare cashflow fell address each issue thoughtfully and re- TRUSTEES REPORT below that level, the President sub- spectfully. Working together toward Mr. MCCONNELL. Mr. President, yes- mitted legislation to lower spending. such solutions is the answer. Robbing a terday afternoon, the trustees of the Unfortunately, this legislation did not Cabinet Secretary of his right-hand Social Security and Medicare trust move forward in Congress. man is not. funds released their annual report. Real leadership on entitlement re- Secretary Salazar knows the Senate, After reviewing its findings, it is clear form will require action from both par- and his door is open to every Member that the future of Social Security and ties. And yesterday’s report is the of this body. Could you find a nicer per- Medicare can be summed up in one wake-up call. Reform is no longer just son in the world than Ken Salazar? I word: unsustainable. a good idea—it is absolutely necessary. don’t think so. Mr. Hayes has his back- Even before the report was issued, we It is the only way to restore these pro- ing and his background. Mr. Hayes will knew these programs could not remain grams to fiscal health, and to get at

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And all of them ulti- times before, the best way to address Senate will proceed to executive ses- mately were sold. this crisis is the Conrad-Gregg pro- sion to consider the following nomina- The majority leader said this hap- posal, which would provide an expe- tion, which the clerk will report. pened in the midnight hours of the dited pathway for fixing the long-term The assistant legislative clerk read Bush administration, as if this whole challenges of entitlement spending and the nomination of David J. Hayes, of thing were cobbled together in the last our unprecedented national debt—chal- Virginia, to be Deputy Secretary of the minute. In fact, much of the activity lenges that the Democratic budget and Interior. dealing with the sale of these leases oc- their economic policies of the past few The ACTING PRESIDENT pro tem- curred over a 7-year period. Why? Be- months completely ignore. pore. Under the previous order, there cause all of the parties involved wanted to make sure they complied with all of There has never been a better time to will now be 1 hour of debate equally di- vided and controlled between the two the rules. If it had been handled in a adopt this sensible bipartisan proposal. leaders of their designees. ‘‘rush it through,’’ ‘‘get it done during This week we learned that the deficit The Senator from Utah. our political circumstance’’ sort of for the current fiscal year will be near- Mr. BENNETT. Mr. President, I rise manner, they could have been granted ly $90 billion higher than previously es- in opposition to the Hayes nomination. in 2004 or 2007; it did not have to wait timated—bringing the deficit for this I am here with the Senator from Alas- until the last months of 2008. The rea- year to $1.8 trillion. This is nearly four ka, and I wish to be told after I have son it waited until the last months of times—four times—higher than the consumed 15 minutes so the Senator 2008 was because the plans were so me- ticulously reviewed to make sure they record set last year. It also means that from Alaska and I can coordinate our complied with every rule that it took this year’s deficit is higher than those presentations. that long. So let’s get rid of the idea of the past 5 years combined. The ACTING PRESIDENT pro tem- that this was a political decision on pore. The Chair will do so. The danger of all this debt is simple: the part of the Bush administration. Mr. BENNETT. Mr. President, I lis- higher inflation that threatens to de- The record is very clear it was not. tened with interest to the statement of rail an economic recovery, and tril- All right. After the Obama adminis- the majority leader with respect to lions in debt that our children and tration took over, out of the 128 leases David Hayes, and I agree with much of grandchildren will have to repay to that were granted, suddenly 77 were what he had to say. I feel compelled to withdrawn by the Secretary of the In- countries such as China and nations in correct some of the things he had to the Middle East. terior. Why? If there was a flaw in the say because they are some of the same way these leases were handled, the en- Secretary Geithner said yesterday things the Department of the Interior tire 128 should have been withdrawn be- that when it comes to reforming Social has been saying that I find are, in fact, cause they were all handled in exactly Security, the administration will build not factual. the same manner. The 77 were with- a bipartisan consensus to ensure Social I agree with him that the President drawn because an environmental group Security remains solvent. I welcome should be entitled to appoint whomever filed a lawsuit. The environmental the statement, and I urge the adminis- it is he wants. And I agree with him group decided which leases should be tration to support the Conrad-Gregg that David Hayes is qualified for this challenged, not the Department of the proposal which is the best way and, I position. I also believe, however, that Interior. It was not a review by any ca- would argue, the only way to address Members of this body, who have the re- reer officer in the Department of the sponsibility of the confirmation vote, entitlement spending and our unprece- Interior that said these leases were are entitled to clear answers to their dented national debt. After yesterday’s flawed. It was a political decision by an questions before the confirmation report, it is clear we cannot wait any environmental group that said we are should proceed. longer to address this crisis. going to file a lawsuit; and in response It is my opinion we have been asking to that lawsuit, the Secretary of the Americans have relied on programs for clear answers to those questions— Interior said: I am going to pull these such as Medicare and Social Security to legitimate questions—and those an- 77 leases, and then gave the same jus- for decades. It would be dishonest and swers have not been forthcoming. tification for his actions that the ma- unfair not to tell them the truth about Therefore, I am not willing to proceed jority leader has given here on the these programs—that they are near with the confirmation vote until we floor today; that is, they are right next collapse and that urgent reform is get those answers. door to the national parks and no one This is not to say I am opposed to needed to bring them back to sustain- wants an oil rig next to a national David Hayes and will do everything to ability. More than 800,000 Kentuckians park. receive Social Security benefits, and see to it he is not confirmed. Indeed, I No. 1, most of the leases are natural nearly that many are enrolled in Medi- want to do everything I can to see that gas; there are not oil rigs involved at care. They deserve our honesty. And he is confirmed as rapidly as possible. all. And, No. 2, they are not right next they deserve action from lawmakers on But ‘‘as rapidly as possible’’ does not door to the national parks. Some of both sides of the aisle. We need to mean I must give up my rights to re- them are as far as 60 miles away. make sure programs such as Social Se- ceive clear answers to legitimate ques- Let’s look at a map I have in the curity and Medicare remain viable for tions. Chamber and see where these leases Let me go to some of the items the them and for their children and their are. On this map, shown in yellow are majority leader covered in his state- grandchildren. the national parks. This one is Arches ment because they are the same items National Park, and this one is Mr. President, I yield the floor. the Secretary of the Interior has used, Canyonlands National Park. Shown in and that others have used in press re- green is existing oil and gas leases that f leases, that I believe need to be set were in place long before the December straight. They are simply not factually lease sale. Shown in red are the leases RESERVATION OF LEADER TIME true. that were granted in the so-called mid- Let’s start with the question of night hours of the Bush administra- The ACTING PRESIDENT pro tem- leases. Numbers. How many leases were tion. pore. Under the previous order, the put up and sold by the BLM in the last A quick glance at the map makes it leadership time is reserved. month of the Bush administration in very clear that the challenged leases

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The a promise on official letterhead from tional park than the leases that are Acting Solicitor, Art Gary, will provide the Department of the Interior that a being challenged. legal support to the extent needed.’’ team would be appointed and a date The facts simply are not there to In the document where this team was would be met and the team was not ap- support the position the Secretary of named and laid out, the commitment pointed and the date was not met. the Interior has taken and the major- was made that there would be prelimi- I am perfectly willing to vote for the ity leader has repeated here today. The nary work done on the report by the confirmation of David Hayes as soon as majority leader has depended upon the first of May and that the entire matter the Department of the Interior lives up Secretary for his facts. The majority would be resolved by the 29th of May. to the promises they have made and ac- leader made a mistake in depending on And when the first of May came along, knowledges that the statements they the Secretary because the Secretary is and we expected some kind of prelimi- made about these leases are factually wrong. That is one of the things that nary report from the Department, Sec- incorrect. It is not a matter of inter- has caused me to raise this issue. retary Salazar said: ‘‘We have done pretation. It is not a matter of opinion. What is the real motivation behind nothing, and we can do nothing until The maps are here. The documents are this? Because to say the motivation is David Hayes is confirmed’’—directly here. The statements are here. Let’s ‘‘they are too close to the national contradicting the statement we have in have an honest discussion of it, and parks’’ simply does not apply. writing over the signature of David when that discussion is taken care of There are some leases shown in red Hayes. I think we are entitled to raise and a commitment made by Mr. Hayes on the map that do not have any exist- a question about this kind of proce- on Department of the Interior letter- ing leases between them and the na- dure. head is met, I will be happy to remove tional park. But they do have a high- The majority leader talked about the my hold and vote for his confirmation way. If you are concerned about the na- real issue in this matter. The real issue and urge all my colleagues on this side tional park experience being degraded in this matter is the credibility of the of the aisle to do the same. That is the by having leases where there may be Department of the Interior. If we are issue with which we are faced. some natural gas activity going on— going to deal with the Department in The PRESIDING OFFICER (Mr. that this activity will somehow that the coming 4 or 8 years—whatever the UDALL of New Mexico). The Senator will destroy your experience in the na- electorate decides—we need to have from Alaska is recognized. tional park—how about a highway de- some confidence that when the Depart- Ms. MURKOWSKI. Mr. President, I stroying the experience of a national ment sends us a document and makes a appreciate the opportunity to follow park? They are separated from the na- promise, and names the specific people my colleague from Utah, as he has so tional park by a highway. who will be involved in fulfilling that clearly laid out the grounds upon Let’s look at another map, this one promise, that will happen. One final which he has placed a hold on the De- having to do with the Dinosaur Na- comment. The majority leader and the partment of the Interior nominee, tional Monument. This is the one Secretary have said this happened David Hayes. I wish to make a com- where some leases are 60 miles away. without consulting the National Park ment at the outset: I don’t think that Yet the Secretary of the Interior would Service. On that I have two points. No. either the Senator from Utah, and cer- have you believe they are right next 1, it is a matter of law that the BLM is tainly not myself, in also placing a door, that they abut the existing not required to consult with the Na- hold—this is not a situation where boundaries of a national park. tional Park Service on lease sales. there is disagreement about Mr. Hayes’ Look at the green on the map which They could have done this whole thing qualifications. This is not a personal does, in fact, abut the boundaries of without talking to anybody at the Na- matter or anybody out to get Mr. the Dinosaur National Monument. No tional Park Service and been com- Hayes, if you will. This is about what is one has ever complained about that. pletely proper in terms of the law. happening within the Department, as This was a purely political decision They went beyond the requirements of my colleague from Utah has men- based on the lawsuit filed by an envi- the law and consulted with the Park tioned, about the credibility within the ronmental group rather than by any Service to make sure there was no in- Department of the Interior at this mo- kind of review. terference with national parks. ment in time. The actions taken by I have asked the Department of the Here is what Mike Snyder, the Na- Senator BENNETT in placing a hold and Interior: Justify your actions. Appoint tional Park Service Regional Director subsequently my actions in also plac- a team that will give us the informa- for the Intermountain Region, had to ing a hold on Mr. Hayes and his nomi- tion we need and will tell us why these say about that kind of cooperation and nation are strictly in keeping with the 77 leases are different than the rest of coordination: practice of being able to ask a poten- the 128 leases. I would like to personally extend my ap- tial nominee—whether it is within the This is the reaction, this is the re- preciation to the BLM field office managers Department of the Interior or any sponse I have received from the Depart- who worked with the Park Service on the other position within the administra- ment of Interior to my questions. parcel-by-parcel review of these oil and gas tion—questions and expecting to re- The first response that came from lease parcels. They did an outstanding job ceive a response from that individual. David Hayes was a supplemental an- working in collaboration with us. So I, too, rise to oppose the cloture swer to one of my questions regarding Secondly—Mr. Snyder said: motion for the nomination of David the review Secretary Salazar had com- Working with Selma Sierra, the BLM Utah Hayes to be the Deputy Interior Sec- mitted to undertake. The next day, State Director, has resulted in the kind of retary. From my perspective, this vote David Hayes followed up with a letter resource protection that Americans want is over a very simple issue and it can that came on Department of the Inte- and deserve for their national parks. be distilled quite easily and that is: rior letterhead, and he signed it: David The BLM didn’t consult with the na- Will this administration answer legiti- Hayes, Deputy Secretary Designee. tional parks? The BLM did not discuss mate questions from Republican Sen- This is as official a statement as we are this with the national parks, when the ators? Before I give the background of going to get, and this is what he says National Park Service makes a state- my situation, I also wish to say I do re- in his response: ‘‘If confirmed, David ment of this kind for the record? gret being on the floor at this moment Hayes will have overall responsibility I repeat: The problem has to do with and having to make this statement. I for undertaking the review of the 77 the credibility of the Department of believe this whole process we have gone parcels that were withdrawn from the the Interior. They have made a series through has been unnecessary, and at Utah lease sale. Pending Mr. Hayes’ of statements that are not true. They any point leading up to this, the De- confirmation’’—not dependent upon, say these leases are too close to the na- partment of the Interior could very but pending Mr. Hayes’ confirmation— tional parks. Sixty miles away is not easily have cleared the way for this ‘‘the review team will consist of the too close. They say there was no con- nominee without having to force a clo- Acting Assistant Secretary for Policy, sultation with the National Park Serv- ture vote. I will explain why.

VerDate Nov 24 2008 00:19 May 14, 2009 Jkt 079060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G13MY6.003 S13MYPT1 jbell on PROD1PC69 with SENATE May 13, 2009 CONGRESSIONAL RECORD — SENATE S5401 It was 2 weeks ago that I added my Interior within a very short time pe- of a letter. I received it last night name to the procedural hold placed by riod—caused great concern about the about 7 o’clock. I appreciated their re- the junior Senator from Utah on this direction of our Nation’s energy policy. sponse, but in many ways it avoids nominee, and I did so very reluctantly. I have been very pleased about some many of the specific questions. I think I did not do it to be obstructive, to be of the comments I have heard from the there is an opportunity for us to go an obstructionist in any way but, rath- President and from Secretary Salazar. through my series of questions, have er, to constructively obtain an under- They, themselves, have very clearly that discussion in a meaningful way, standing of the actions by the Depart- stated we do need oil and gas, and we and get the clarity I am seeking which, ment of the Interior that seemed to be, should be producing more of it domes- as a Senator, I believe I am entitled to. at least in my opinion, dramatically at tically. But what has been happening is I will ask: If we can presume the In- odds with statements made by Sec- the statements that have been made terior Department has been making its retary Salazar and President Obama and the rulemaking and the policy di- decisions and policies based on rational regarding domestic energy production. rectives have been at odds with one an- and well-thought-out facts and science, I will make a statement for the record other. I will give a couple quotes from how hard can it be to question the deci- that neither I nor Senator BENNETT both the Secretary and the President. sions and the policies behind it? have asked the Department of the Inte- Secretary Salazar has said: There is Mr. President, I ask unanimous con- rior to adopt or to repeal any specific no—he was talking about renewable en- sent to submit for the RECORD the let- rule or policy or take or repeal any ergies, but he goes on to state: ter I sent to Secretary Salazar. I think specific administrative action. There is no question that the Nation my colleagues will see there are indeed The Senator from Utah has laid out, will need to continue to produce oil some very hard questions contained in very clearly, his concerns, and I will and gas as a bridge to this energy fu- my letter, but at this level of Govern- only summarize for those who are lis- ture. ment, I would suggest there aren’t very tening to what we are talking about I absolutely agree with the Sec- many easy questions left. that the Interior Department, very retary. There being no objection, the mate- shortly after the beginning of this ad- The President a couple of weeks ago rial was ordered to be printed in the ministration, canceled the 77 oil and said: RECORD, as follows: gas leases in Utah and gave factually As I’ve often said, in the short term, as we U.S. SENATE, incorrect justifications for its actions. transition to renewable energy, we can and Washington, DC. All the Senator from Utah is asking for should increase our domestic production of Hon. KENNETH L. SALAZAR, oil and natural gas. We’re not going to trans- is a review of this very same issue. Secretary, Department of the Interior, form our economy overnight. We still need Following the decision on the Utah Washington, DC. more oil, we still need more gas. If we’ve got leases, the administration announced a DEAR SECRETARY SALAZAR: I appreciate the some here in the United States that we can 180-day delay of the 5-year Outer Conti- comments that you and other members of use, we should find it and do so in an envi- nental Shelf leasing plan. There was the Department of the Interior have made on ronmentally sustainable way . . . also a delay of the scheduled round of the importance of domestic energy produc- oil shale research, demonstration, and That is the end of the President’s tion. As you are aware, however, this past development leases. There was also a quote. I couldn’t agree with him more. Thursday, April 30th, at a business meeting finding for justification of listing the But there is an inconsistency, as I held by Senate Energy and Natural Re- sources Committee, I expressed my strong yellow-billed loon, whose range extends have said, in the statements that have been coming from the administration concern over the widening disparity between through major oil and gas regions in those statements and the Interior Depart- my State in Alaska. There was also the and the actions as evidenced through the rulemaking or the policy direc- ment’s actions. At that meeting I announced determination that the Bush adminis- my procedural hold on the nomination of tration’s mountaintop coal mining rule tives. David Hayes for Deputy Secretary of the In- I still have questions about whether is considered legally defective. Finally, terior. there was the unilateral reversal of the this administration does indeed want I trust my announcement was not a sur- previous administration’s Endangered to include increased domestic conven- prise. On Friday April 24th, Will Shaffroth, Species Act consultation rules, and tional energy production as one of the your Principal Deputy Assistant Secretary for Fish, Wildlife and Parks met with my this was done without public hearing legs of our comprehensive energy pol- icy or if the administration is going to staff regarding potential repeal of regula- and without public comment. tions for consultations under the Endangered It was this last issue—this issue that say one thing and do another. If this President and his Interior Department Species Act (ESA). My staff noted that these relates to the Endangered Species regulations were adopted in full compliance Act—that, in my opinion, was the want to scale back production, that is with the Administrative Procedure Act, in- straw that broke the camel’s back. their prerogative, and we can certainly cluding public hearings and extensive public When the Bush administration listed talk about that, but that is something comment. Staff strongly urged Mr. Shaffroth the polar bear as a threatened species I need to know, both as the ranking that if you were determined to repeal the due to loss of sea ice, the world member on the Energy Committee and regulations, you also comply with the Ad- as a Senator coming from the State ministrative Procedure Act. Instead, you and changed insofar as there had to be Secretary Locke chose to repeal the regula- clear guidelines for keeping normal ac- that has the greatest onshore and off- shore oil and gas prospects left in tions without public hearings or public com- tivities out of the purview of a huge ment. Last week, prior to my announcement, and impossible regulatory scheme. We North America. This is important that my staff talked to yours and informed them have cautioned against an overbroad we know and understand where this ad- what would happen at the hearing. interpretation of the polar bear rule, ministration is coming from. It is my sincere hope and expectation that and Interior, to their credit, has taken I sent a letter to the Secretary when we can advance our respective under- the correct path on some of the most I placed a hold on Mr. Hayes, and I out- standings of the issues set out in this letter important rulemakings. I truly do ap- lined my concerns. All my questions in as quickly and honestly as possible. My in- tention is not to make your job more dif- preciate that, and I have had an oppor- that letter focused on how Interior will implement the policies it has an- ficult. My intention is, however, to get clear tunity to convey my appreciation to answers and commitments with regard to Secretary Salazar. We are thankful for nounced and how it will defend against what I and the American people should ex- that. However, my larger concern re- things such as the third-party lawsuits pect from our Interior Department when it mains that consultations could still be to which we believe they have made comes to the pressing and fragile issues sur- required for a host of energy projects, themselves pretty vulnerable. The rounding the stewardship of energy and nat- and in any event, that the Endangered White House and the Interior Depart- ural resources on federal public lands under Species Act’s citizen suit provisions ment have communicated with me and your jurisdiction and mine. are still going to give rise to a mul- my staff since I wrote that letter. Ini- In my official statement on April 30, I ex- tially, we were told DOI doesn’t want pressed my cumulative frustration with, titude of lawsuits on when and where among other things, the cancelation of the 77 consultation with the Fish and Wildlife to answer the questions because they oil and gas leases in Utah; the 180–day delay Service is mandated. are too hard, there are too many of of the 5–year outer Continental Shelf leasing All this combined—all these various them, and they are too mean. Since plan; the delay of the new round of oil shale actions within the Department of the that time, my staff has received a draft research, demonstration, and development

VerDate Nov 24 2008 00:19 May 14, 2009 Jkt 079060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G13MY6.004 S13MYPT1 jbell on PROD1PC69 with SENATE S5402 CONGRESSIONAL RECORD — SENATE May 13, 2009 leases: the finding for justification of listing connections are manifested through global process for moving forward for those occa- the yellow billed loon only one day after processes and cannot be reliably predicted or sions when scientific consensus does not Tom Strickland’s confirmation hearing; the measured at the scale of a listed species’ cur- exist at the departmental level? determination that the Bush Administra- rent range; or, would result at most in an ex- 5. How will Interior deal with a lack of tion’s mountaintop coal mining rule is ‘‘le- tremely small, insignificant impact on a list- broad scientific consensus outside of the Ad- gally defective’’; and, finally, the reversal of ed species or critical habitat; or, are such ministration; i.e. new and independent sci- the previous administration’s Endangered that the potential risk of harm to a listed entific reports in direct conflict with Inte- Species Act consultation rules. species is remote. Reversal of this rule- rior’s scientists? In reality, my decision to place the hold on making as regards consultation procedures, 6. Given the reversal of the ESA rule, re- Mr. Hayes is a reflection of concerns that ex- both formal and informal, risks resetting the garding development of the outer Conti- tend beyond these publicly-stated issues and required consultations to an all-encom- nental Shelf, does the Department intend to include my dissatisfaction with the ques- passing level which I do not believe is sus- formally consult on the polar bear and listed tions for the record which I submitted to Mr. tainable, and prompts the following ques- corals for every scheduled lease sale, explo- Hayes, as well as Mr. Strickland and Ms. tions: ration plan, and other federal action nec- Hilary Tompkins, the designate for Solicitor 1. Since the Supreme Court has afforded essary to advance offshore development? General. I have attached several examples of Interior considerable discretion in enforcing a. If so, what are the minimum and max- what I consider to be vague, equivocal, and what it termed a Congressional purpose and imum amounts of time that this might take? ultimately meaningless responses to sub- intent in ESA to provide ‘‘comprehensive b. Are you able to show the proximate stantive questions which deserved and frank- protection’’ to species, including protection causal connection between the direct and ly require significantly more thought, effort, from significant habitat modification or deg- local effects of oil and gas activity and the and specificity. radation, please describe in substantive de- species in question? Finally, I am troubled by Interior’s lack of tail how the Interior Department will apply c. Will the consultation requirement be a swift and assertive response to the DC Cir- its discretion in deciding whether to require based, in any scenario, on indirect global ef- cuit Court’s decision on April 17th to vacate FWS consultation and concurrence specifi- fects of these activities? your department’s outer Continental Shelf cally for each of the following federal ac- 7. Is Interior presently conceptualizing, Leasing Program. This decision alone could, tions, some of which will result, directly and planning, or formalizing any further modi- depending on its interpretation, have sweep- indirectly, in the emission of various fications to or reversals of any of the Bush ing impacts upon the Obama Administra- amounts of greenhouse gases upon comple- Administration’s ESA rules? tion’s stated policy of including increased oil tion, and most of which will require major CLIMATE CHANGE AND SCIENCE-BASED and gas production as a meaningful part of levels of operation of heavy equipment; DECISIONS GENERALLY the nation’s comprehensive energy policy. transportation of persons and goods; and 8. In the science-based decisions which The compounding nature of these acts and large amounts of concrete, steel, aggregate, FWS must make, will scientists and only sci- omissions demonstrates a consistent pattern and other products produced through highly entists select from the multiple climate of steps that are nearly certain to make do- carbon-intensive processes: change output models available with an abil- mestic energy production more difficult, I. Clean Air Act permits for any or all of ity to do so independent of political and pro- more time-consuming, and more expensive. the 28 coal-fired power plants now under con- fessional influence and incentives? This is fundamentally inconsistent with the struction, as listed by the Department of En- a. Will Interior commit to a stated policy repeated promises of the President and your- ergy’s tally. that such scientists must refrain from basing self to actively advance increased production II. Corps of Engineers permit for develop- any part of the selection of climate models of conventional energy sources. You are ment and construction of a pipeline to con- upon the model’s congruence with the De- aware of my full support for and strong vey water from Dixie Valley to Churchill partment’s desired administrative outcome? record of aggressively pursuing the tech- County, Nevada. 9. In the world of academic research, the nologies and infrastructure necessary to dra- III. Department of Transportation permit- difference between a 4% and 7% probability matically increase America’s renewable en- ting for a high-speed rail construction be- of error can mean the difference of a sci- ergy capacity, but I am concerned that ele- tween Las Vegas, Nevada and Southern Cali- entific paper being published or not. But in ments within the Administration are mean- fornia. the world of government science, as with the while acting upon a misguided belief that IV. Federal funding of ‘‘Pavement rehabili- Intergovernmental Panel on Climate quietly but systematically and rapidly scal- tation’’ at Denver International Airport. Change, anything above a probability of 66% ing back—or shutting down—domestic oil, V. Federal funding to Caterpillar, Inc. for is ‘‘likely’’. Does Interior agree that regu- gas, and coal production will somehow force high-speed diesel fuel combustion tech- latory decisions affecting real lives and live- a faster and smoother transition to a clean nology. lihoods ought to be held to and based on a and secure energy future. It will not, and I VI. Department of Transportation funding standard commensurate or approximate to trust you agree that the ultimate con- of the Milwaukee Avenue Reconstruction those of academic research, or is a 66% like- sequences of such a policy would be dev- project in Chicago, Illinois. lihood ‘‘close enough for government work’’? VII. Department of Transportation funding astating to our Nation’s economy and secu- 10. Regardless of the scientific standards, of the New Jersey Trans-Hudson Midtown rity, as well as the world’s environment. will Interior commit to affording full trans- Corridor. Given this fact pattern. I worry about what parency into, and disclosure of, the uncer- VIII. NEPA documentation on grazing per- might be next. So, I am left with no option tainty behind all ‘‘science-based’’ decisions? mit renewals. other than exercising my procedural rem- 11. What is Interior presently doing to IX. Hazardous fuels reduction projects on edies in order to obtain what I hope and pre- standardize how it interprets uncertainty in federal lands (resulting in changes in vegeta- sume will be authoritative, binding, and re- scientific analyses? tion patterns.) alistic responses to my concerns. To supple- 12. Will regulatory decisions, regardless of 2. In the event that the Interior Depart- ment the issues stated above and the at- their economic implications, move forward ment does not exercise its authority to man- tached questions for the record, the latter of so long as one of the many climate models date FWS consultations for the federal ac- which I would like to resubmit, please pro- suggests an impact has a 66% probability? tions necessary for the projects stated under vide responses to the following items in sub- 13. How will Interior balance contradictory (1), does Interior anticipate multiple invoca- stantive detail. Though the questions are de- evidence of competing climate models and tions of the citizen suit provisions under tailed, I trust that all are issues that you will Interior establish a priori as its pre- ESA Sec. 9(g) to compel consultations? and your staff have already thought about ferred model? a. If so, to what extent is Interior prepared, extensively, before you made the policy deci- 14. How will Interior avoid post-hoc deci- equipped, and funded to defend against the sions referred to above. sions on which model to choose based on an multitude of citizen suits likely to be filed? individual scientist’s preferred outcome? ENDANGERED SPECIES ACT MODIFICATIONS AND 3. Does the reversal of the ESA consulta- CLIMATE CHANGE GENERALLY tion rule provide, in essence, for mandatory OCS LEASING AS RELATES TO THE 5-YEAR PLAN Interior’s basis for listing the polar bear as second-guessing on an intradepartmental AND 4/17 DC CIRCUIT OPINION a threatened species was based in significant level, suggesting that any biologists on staff 15. Please describe in substantive detail part upon 7 of 10 climate models showing a 97 at BLM, MMS, and other agencies are some- the particular process and timing it will percent loss in September sea ice by the end how less qualified (or unqualified) to evalu- take to remedy the issues cited by the DC of the 21st century, presenting threatened ate potential impacts from and mitigation Circuit with regard to the 5-year plan? destruction, modification, or curtailment of techniques for the activities which they spe- 16. Please describe in substantive detail polar bear habitat. The previous Administra- cifically oversee than are FWS biologists? the factors and the criteria Interior will be tion’s change to the subsequent consultation a. If the non-FWS biologists are qualified, using to evaluate that it has reached the rule attempted to ensure that a causal con- why is it necessary to compel mandatory ‘‘. . . proper balance between the potential nection between harm to listed species or FWS consultation? for environmental damage, the potential for their habitats not be drawn from greenhouse b. If they are not qualified, what is the jus- the discovery of oil and gas, and the poten- gas emissions from a specific facility, re- tification for their continued employment? tial for adverse impact on the coastal zone’’? source development project, or government 4. In science-based decisionmaking, what 17. As Interior conducts a more complete action. The rationale for this was that such will be, in substantive detail, the procedural comparative analysis of the environmental

VerDate Nov 24 2008 00:19 May 14, 2009 Jkt 079060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\A13MY6.007 S13MYPT1 jbell on PROD1PC69 with SENATE May 13, 2009 CONGRESSIONAL RECORD — SENATE S5403 sensitivity of different areas of the outer litigation or legislation may lead to either down with them, in good faith, and go Continental Shelf, attempting to identify strained foreign relations or reciprocal through the questions one by one. The those areas whose environment and marine treatment of U.S. investments in the cor- standard I would use would be if any productivity are most and least sensitive to responding nations? Member of this body were to be Sec- b. If Interior considers the concerns of the OCS activity, will you commit to specifi- retary of Interior, which of the ques- cally taking into account all existing stat- Ambassadors to be valid, is it Interior’s posi- utes and regulations that provide for coastal tion that their added complications warrant tions would they have insisted that and ocean protection and restoration, and separate and distinct treatment than domes- their staff extensively analyze prior to will you presume all of those inherent asso- tic companies with similar interests in the taking the actions the Department has ciated mitigations in your assessment of po- Gulf? taken? I do believe my questions will tential impacts and sensitivities? 27. If Congress were to enact legislation be answered, but it is clear that in the 18. What specific and detailed factors will comparable to the excise tax proposal put short term, these questions are being the Interior Department be weighing in as- forward last year by the Senate Finance answered because of this cloture mo- sessing and reconsidering the Leasing Pro- Committee, would you be concerned about tion. That troubles me because I be- gram’s relative assessment of the environ- the likelihood of litigation and the diversion lieve the Senate, in its role to advise mental sensitivity and marine productivity of the Department’s resources with respect of the various planning areas? to that litigation? and consent on Presidential nominees, 19. Presuming the eventual advancement of 28. Now that the U.S. Court of Appeals for is entitled to answers from the admin- the exploration and development of the the Fifth Circuit has denied rehearing in the istration about what its policy is as we Chukchi Sea planning area 193, what specific Kerr-McGee litigation, would you consider it move forward. factors will Interior require and/or take into reasonable for Members of Congress to op- It should not matter whether these account in evaluating exploration plans for pose any legislation that would now seek questions come from Republicans or approval? Please make this list of factors as royalties from 1996–2000 leaseholders on the Democrats. It is reasonable to expect comprehensive and exhaustive as possible. basis of a price threshold? that any one of us in this body can get 20. Since the petitioners in the DC Circuit MTR COAL MINING RULE honest answers about how this admin- case were focused on the Alaskan areas of 29. On December 3, 2008 the Office of Sur- istration is going to pursue and imple- the OCS leasing program, will Interior re- face Mining Reclamation and Enforcement ment an energy policy. consider the entire program or instead make (OSM) issued a final rule clarifying the modifications only on those more controver- I hoped we would have an oppor- treatment of excess spoil disposal from coal tunity to sit down and go over the sial areas? mining operations after 7 years, 43,000 com- 21. At which individual stage of the Leas- questions, but, instead, this morning ments, and 4 public hearings. The rule re- ing Program, in which Interior is required to we are going to see a vote on the floor. quires mine operators to avoid disturbing conduct additional and more detailed assess- My hold on David Hayes didn’t come streams to the greatest extent possible and ments of the Program’s potential effect on clarifies when mine operators must maintain attached with demands to change a the proposed leasing areas, does Interior an- an undisturbed buffer between a mine and rule, make a rule, or approve a plan or ticipate legal ‘‘ripeness’’ for the Center for adjacent streams, thereby clarifying a long- policy. I just want some answers as to Biological Diversity to survive threshold standing dispute over how the Surface Min- what the administration’s policies are challenges to the justiciability of their re- ing Control and Reclamation Act of 1977 going to be. My commitment is to get maining claims? should be applied. Just last week Interior re- 22. How will you ensure a timely turn- those answers. versed its position on this issue asking the around on these issues given the lack of ex- Regardless of what happens with this Department of Justice to file a plea with the tensive baseline data for many of the areas? vote today, I am certainly going to U.S. District Court requesting that the rule GULF OF MEXICO LEASING AND ROYALTY RELIEF pursue actively the development of all be vacated as ‘‘legally defective.’’ Please de- forms of energy in this country because 23. Is it within any official or unofficial scribe, in substantive detail, the criteria for policy of Interior to support efforts to re- avoiding the apparent insufficiencies in fu- we are going to need all of them in quire companies that paid a premium to ac- ture rulemakings on this particular issue. high volumes. I do look forward to quire 1998 and 1999 leases in the U.S. Gulf of a. In reshaping a legally sufficient rule, working in good faith with the Interior Mexico to now be required by legislation to what specific steps will Interior take to en- Department, whatever its makeup, be- agree to include price thresholds in the sure it observes the proper administrative cause we have a lot of work to do. We leases they continue to hold as a condition of rulemaking process including issuing a draft know that. We need to commit to that acquiring additional leases? rule and opening it up for a comment period? level of activity. 24. With such major projects as Shenzi and b. What specific safeguards does Interior With that, I yield the floor and sug- Tahiti now coming on line, does Interior intend to put in place to ensure that this gest the absence of a quorum. agree with the oil and gas industry’s assess- change does not halt or delay coal mining The PRESIDING OFFICER. The ment that the 1995 Outer Continental Shelf operations, jeopardize jobs, and reduce do- Deep Water Royalty Relief Act provided an clerk will call the roll. mestic energy production? The legislative clerk proceeded to effective mix of incentives to encourage the GENERAL POLICY industry to invest billions of dollars for the call the roll. 30. If, at the close of the current four-year benefit of the American consumer? If so, Mr. BINGAMAN. Mr. President, I ask Presidential term, America’s overall oil pro- does Interior foresee any potential negative unanimous consent that the order for duction has decreased in terms of pure vol- impact upon exploration, development, and the quorum call be rescinded. ume, will Interior consider this fact a suc- production of oil and gas as a result of legis- The PRESIDING OFFICER. Without cess or a failure? latively changing the terms of the deal 31. If, at the close of the current four-year objection, it is so ordered. struck in 1995? Presidential term, America’s overall oil pro- Mr. BINGAMAN. Mr. President, 25. In opposing various bills before the Con- duction has decreased as a percentage rel- David Hayes is a superbly qualified in- gress last year, the oil and gas industry took ative to foreign imports. (e.g. 25% of domes- dividual who has been nominated by the position that the legislation would, if en- tic consumption as opposed to 35% of domes- the President to be the Deputy Sec- acted, constitute a breach of contract and an tic consumption) will Interior consider this retary of the Interior. We know for a unconstitutional taking of property without fact a success or a failure? compensation under the Fifth Amendment. fact that he is superbly qualified be- Again, thank you for your time, patience, Does Interior hold a similar view of the con- cause the Senate has already confirmed and prompt attention to these issues and tract and constitutional law implications of him for that exact office once before. questions. It is my hope that the stated en- such a material change in government That was 9 years ago. He served in that ergy intentions of this Administration will terms? office with great distinction during the begin to track more closely with its day-to- 26. In the 110th Congress, Ambassadors day actions. In the meantime, your careful Clinton administration. from five allied Nations (Norway, Spain, consideration of this letter ought to help in- Mr. Hayes also served as counselor to France, Canada, and Australia) expressed form the Interior Department’s still-forming Secretary Babbitt for several years be- their official opinions in writing about the policy. Your leadership will be critical, and fore being appointed Deputy Secretary. potential it will be appreciated well into the future. In those roles, he handled many of the to modify the lease terms—including con- Sincerely, travention of treaty obligations and viola- most challenging issues facing the De- LISA MURKOWSKI, tion of numerous international trade agree- partment of the Interior, ranging from United States Senator. ments. Do you believe the Ambassadors had the acquisition of the Headwaters red- a reasonable basis for these concerns? Ms. MURKOWSKI. As I indicated in wood forest in California, the restora- a. If Interior considers the concerns of the my initial comments, I am not trying tion of the California Bay-Delta eco- Ambassadors anything short of reasonable, to be an obstructionist. In response to system, the negotiation of habitat con- does Interior anticipate a situation where DOI’s complaints, I have offered to sit servation plans under the Endangered

VerDate Nov 24 2008 02:30 May 14, 2009 Jkt 079060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\A13MY6.024 S13MYPT1 jbell on PROD1PC69 with SENATE S5404 CONGRESSIONAL RECORD — SENATE May 13, 2009 Species Act, Indian water rights settle- natural resources or his commitment The Deputy Secretary is the day-to- ments, and energy development on the to protecting the public interest, bas- day administrative manager of the De- public lands. ing his decisions on sound science and partment and an integral part of the In addition, Mr. Hayes has had a dis- complying with the law. But more than policy decisions. tinguished legal career, focusing pri- 100 days into his tenure, Secretary His prior experience in the Clinton marily on environmental and natural Salazar remains only one of the two administration in the job means he can resource matters. He has served as a Presidential appointees in the Interior hit the ground running. senior fellow for the World Wildlife Department who has been confirmed by We need him to be confirmed so we Fund, a consulting professor at Stan- this Senate. We need to send him help. can move on issues like climate ford University’s Environmental Insti- We need to confirm David Hayes. change, public lands management, and tute, chairman of the board of the En- The Constitution entrusts this body resolve some of the longstanding water vironmental Law Institute, and chair- with the power to advise and consent conflicts, including the Bay-Delta in man of the board of visitors for the to the President’s nominations. As my home State. Stanford Law School. former majority leader Mike Mans- I believe he has the confidence of Those of us who know Mr. Hayes and field, said: Secretary Salazar, and he has my con- fidence, and I think very highly of him. had the opportunity to work with him Our responsibility is . . . to evaluate the when he was the Deputy Secretary be- qualifications of the nominee and to record He has been able to take critical land fore know him as a man of great our pleasure or displeasure, to give our ad- and water issues and work out agree- knowledge, ability, and integrity, and vice and consent or our advice and dissent. ments. His great strength is his ability as someone who strives hard to find I believe David Hayes is extremely to negotiate. When it comes to western water, en- constructive, progressive, and con- well qualified to be Deputy Secretary ergy, Indian affairs, and many of the sensus solutions to difficult environ- again. Any fair evaluation of his quali- other issues that face Interior, having mental challenges. fications on the merits warrants our someone who can consult with the key But the debate this morning is not advice and consent. If Senators wish to parties and earn their support on a way really about Mr. Hayes or his qualifica- dissent, then they should do so, but to move forward is essential. tions for the office to which the Presi- they should go ahead and invoke clo- David Hayes also was key to resolv- dent has nominated him. It is about ture so we can vote on this nomina- ing a decades-old conflict about the certain actions that have been taken tion. Colorado River. by the Bush administration during its Mr. President, at this point I yield The Quantification Settlement final weeks in office and whether the the floor. Agreement enabled California to re- Obama administration will be allowed Mr. SESSIONS. Mr. President, I duce its overdependence on the Colo- to reconsider those actions. share the deep concerns about the deci- rado River to its 4.4 million acre-foot During its final weeks, the previous sion of the Secretary of the Interior apportionment over a 15-year grace pe- administration took a number of con- not to go forward with cancelling cer- riod and assures California up to 75 troversial actions on endangered spe- tain oil and gas leases. I am afraid this years of stability in its Colorado River cies, land withdrawals, mountaintop represents yet another action that ir- water supplies. mining, and oil-and-gas development. rationally reduces America’s produc- Without the agreement, California It is no secret that in its rush to lock tion thus forcing the country to send risked being suddenly cut off from the in these actions before it left office, wealth abroad to purchase oil from for- excess of almost 5 million acre-feet of the previous administration didn’t give eign nations to the detriment of our Colorado River water it had been tak- adequate consideration to environ- economy. ing, instead of having 15 years to get mental concerns and legal require- While I had no particular objection there. ments. Several of these actions have to the nominee, I do believe that Sen- David Hayes was instrumental in already been overturned by the courts. ator BENNETT and others deserve a working out the Headwaters Agree- Secretary Salazar has inherited this complete hearing on their concerns and ment, which converted 75,000 acres of legacy. He is doing his best to address this is why I choose to oppose cloture the largest private old-growth redwood the situation in a fair and balanced at this time. grove to the public lands, protected way but one that reflects the new ad- Mrs. FEINSTEIN. Mr. President, I forever. ministration’s commitment to open- rise today to support the nomination of David Hayes worked very hard to ness and to transparency and to strict David Hayes to be Deputy Secretary bring the parties together and nego- adherence to the law. for the Department of the Interior. I tiate a path forward for the timber Among other things, this has meant think extraordinarily highly of him. company on its remaining lands and to having to withdraw 77 oil and gas At a time when western water issues preserve the old-growth redwoods—a leases issued by the Bush administra- are at a crisis point, we need someone large, virtually untouched tract land tion in Utah that a Federal court has with experience and knowledge at the with 1,000- and 2,000-year-old trees. enjoined because it appears that the Department of the Interior. Many of David Hayes also worked on the his- previous administration failed to com- our great rivers and estuaries are toric Cal-Fed agreement, which af- ply with the National Environmental locked in conflict, and I can think of fected the urban environmental and ag- Policy Act, the Federal Land Policy no one better than David Hayes to ricultural needs of the entire Cali- and Management Act, and the National work to resolve these issues. fornia Bay Delta region. We are again Historic Preservation Act. He is smart, he is well respected, he in crisis, and we need him back to help It has also meant having to try to gets into the details, and he can close resolve it. salvage the current 5-year plan for oil a deal. All of these were difficult and sophis- and gas development on the Outer Con- David Hayes has been nominated for ticated agreements which needed the tinental Shelf after an appeals court the No. 2 position at the Department of determined and steady hand that David found that the previous administration the Interior. This is an important job. Hayes provided. Time and again he was had failed to follow legal requirements As Deputy Secretary, he would work able to bring people together behind a when it adopted that plan. closely with Secretary Salazar and broadly agreeable plan. I can understand why some Senators have management responsibilities over David Hayes has been well respected might be concerned about the new ad- the entire Department, as well as pol- since his days at Stanford Law School ministration reviewing the policy deci- icy responsibilities over the entire De- in the late seventies, where he was rec- sions of the previous administration. partment. ognized for his outstanding editorial But what I cannot understand is why He would have statutory responsi- contributions to the Stanford Law Re- they would want to obstruct the nomi- bility as the chief operating officer to view. nation of David Hayes. help lead a department of 67,000 em- He has a long and distinguished ca- No one can seriously question Sec- ployees and an annual budget of ap- reer in private practice, which has al- retary Salazar’s commitment to the re- proximately $16 billion, including an- ways focused on environmental, en- sponsible use and development of our nual and permanent funding. ergy, and natural resources matters

VerDate Nov 24 2008 00:19 May 14, 2009 Jkt 079060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G13MY6.006 S13MYPT1 jbell on PROD1PC69 with SENATE May 13, 2009 CONGRESSIONAL RECORD — SENATE S5405 and the interconnectedness between cleaning up the mess the previous ad- The PRESIDING OFFICER. The Sen- the three. ministration left at the Department of ator from Illinois is recognized. From 1997 to 1999, David Hayes served the Interior. Mr. DURBIN. Mr. President, how as the counselor to the Secretary of The American people remember the much time remains on the Democratic the Interior, and from 1999 to 2001, he Department of the Interior under the side? served in the very position that we are Bush administration as a Department The PRESIDING OFFICER. There is considering him for here today. where ‘‘anything goes.’’ It is the De- 151⁄2 minutes remaining. So there is no doubt that he is ex- partment the American people asso- Mr. DURBIN. Thank you. Mr. Presi- tremely well qualified to fill this posi- ciate with Jack Abramoff. It is the De- dent, I rise today to discuss the long tion. partment where agency employees list of nominees for the Obama admin- David Hayes is well positioned to ne- were serving the oil companies instead istration who are being held up by the gotiate the many complex issues that of the public. And it is the Department Republican Party of the Senate. The face the Department of the Interior where the former assistant secretary in Republican Party has been character- today, including the proposed removal charge of fish and wildlife tampered ized now as a ‘‘party of no.’’ It is a of dams on the Klamath River, the de- with the science behind Endangered phrase we have been hearing a lot. Con- velopment of renewable energy and Species Act decisions. sistently, when President Obama has conservation of the deserts, and the Again and again, the courts have reached out in a bipartisan fashion to management and conservation of Cali- thrown out the decisions of the Bush ask the Republicans to join him in fornia’s Sacramento-San Joaquin River administration Interior Deparment be- changing the culture in Washington, in Delta for habitat restoration and water cause they didn’t pass the smell test. addressing the major issues of our day, supply goals. Last month, for example, a Federal in working with him to find com- I know that there are some who be- court vacated the entire 5-year plan for promise legislation, the answer has al- lieve that one cannot understand the oil and gas leasing because the Bush most exclusively been ‘‘no, not inter- West without being from the West. I administration didn’t do the environ- ested.’’ can only say that there is no one whom mental review properly. So Secretary Why? Because despite our best efforts I know of who is a candidate for this Salazar and the Obama Interior De- to work together, we have been met at office who brings more experience in partment have had to go back to the every turn by a Republican negative western issues than David Hayes. He is court and ask for permission to fix it, response. Now the party of no—the Re- really unparalleled in the arena of Fed- so that current oil and gas activities publicans in the Senate—has decided to eral officials. aren’t disrupted by the bad judgment filibuster the nomination of David I believe he would be a real asset to of the previous administration. Hayes to be the No. 2 person in the De- the administration, and I hope you will Before that, a court in Utah froze partment of the Interior. join me in supporting him. I urge my last-minute leases that the Bush ad- You must think that is a pretty con- colleagues to vote to confirm David ministration had granted near Arches troversial position, right? Senators on Hayes. and Canyonlands National Parks be- the Republican side, who have made Mr. MERKLEY. Mr. President, I rise cause the Park Service hadn’t been long speeches against filibustering today to speak in support of con- consulted. So Secretary Salazar and nominees, are breaking their word and firming David Hayes to be Deputy Sec- the Obama Interior Department have now initiating these filibusters. This retary of the Interior. Mr. Hayes is su- had to go back and review the leases, must be some red-hot controversial po- premely qualified—he has in fact held one by one, to see if any of them are sition that this man is clearly unquali- this exact position before, in the Clin- appropriate for development. fied to fill. That is not the case. ton administration. He has an impres- It is not a matter of politics in the The Deputy Secretary of the Interior sive track record of handling con- decisions the Interior Department is manages the day-to-day operation of troversial issues and doing so by build- making, it is a matter of fixing broken the Department of the Interior and ing consensus among diverse constitu- processes and restoring the trust of the works closely with the Secretary on encies. American people in the Department key policy decisions. He has successfully used this ap- that manages one-fifth of the Nation’s David Hayes’s previous 2-year tenure proach with some of the most pressing landmass and 1.7 billion acres off the in the same position as Deputy Sec- issues facing our western states. He coasts. retary of the Interior and his career of worked closely with Senator JON KYL And Secretary Salazar is taking the experience give him the knowledge and and a range of water and environ- decisions one by one. ability to immediately hit the ground mental interests to negotiate the Where Interior is finding good deci- running in this demanding position. framework for the Arizona Water Set- sions from the Bush administration, The Secretary of the Interior, Ken tlements Act—a historic settlement of they are keeping them in place. Where Salazar, a former Member of this body, water rights disputes involving munic- they are broken, they are fixing them. personally reached out to the Repub- ipal, agricultural and tribal water And when they can’t be fixed, they are lican side of the aisle, telling them he users in the State of Arizona. There are going back to the drawing board. needs to have David Hayes confirmed pressing water rights issues in the Not everyone in this—chamber will to make headway on the administra- West and across the Nation that need agree with every decision that the In- tion’s and the Nation’s priorities, in- resolution today. terior Department will make. But cluding renewable energy production In addition, he worked with Senator wouldn’t it be a breath of fresh air to on Federal lands, the effects of climate DIANNE FEINSTEIN to negotiate the ac- see Interior following the rules; fixing change on the natural landscape, and quisition and protection of the old- problems; making decisions based on reengagement in the resolution of chal- growth redwood Headwaters Forest in the public interest, the best scientific lenging water issues. northern California, along with an ac- data available, and the rule of law. David Hayes has a long track record companying habitat conservation David Hayes has served his country of negotiating solutions to difficult agreement that continues to protect under the Clinton administration as natural resource issues and working endangered salmon and bird popu- Deputy Sacretary of the Interior, and cooperatively with Members of Con- lations on 200,000 acres of adjacent, pri- served well. He earned a reputation as gress. vately held forest lands in northern a problem solver—as someone who will When he was Deputy Secretary under California. There are pressing needs to listen and find common ground. the Clinton administration, he worked resolve forest management issues He will help our Nation tackle the closely with the Republican whip, Sen- today—to protect old-growth habitat complex natural resource challenges ator JOHN KYL of Arizona, on a range of while restoring forest health and cre- we face. There is much work to be water and environmental interests to ating jobs in our forests. done—on water rights, on forest negotiate the framework for the Ari- We need Mr. Hayes on the job. health, on a number of critical issues. zona Water Settlements Act. Over the last 4 months, Secretary I urge my colleagues to vote in sup- He worked with Senator FEINSTEIN, Salazar has faced a difficult task of port of Mr. Hayes. on the Democratic side, to negotiate

VerDate Nov 24 2008 02:21 May 14, 2009 Jkt 079060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G13MY6.007 S13MYPT1 jbell on PROD1PC69 with SENATE S5406 CONGRESSIONAL RECORD — SENATE May 13, 2009 the acquisition and protection of old- Anne Varney, Assistant Attorney Gen- brother, Cam Kerry, a well-qualified growth redwood Headwaters Forest in eral, confirmed 87 to 1; David Kris, As- man, has been nominated to be general northern California. sistant Attorney General, confirmed 97 counsel of the Department of Com- He partnered with Senator MARY to 0. merce, but the Republicans have re- LANDRIEU of Louisiana to secure Land They made us wait for days and fused to move his nomination, with no and Water Conservation Fund monies weeks and months to bring these stated reason, no objection to this good to preserve bayou lands in Louisiana. names up before the Senate because of man. Regina McCarthy, to be Assistant This man has experience. He has the controversy, and listen to the Administrator of the EPA for Air and worked with both sides of the aisle. He votes: 97 to 0, 87 to 1, 88 to 0. This isn’t Radiation, has been held up because has 30 years of experience in natural about the nominee. This isn’t about two Senators want her to repudiate the resources and environmental law, with controversy. This is about slowing administration’s position on climate special expertise in resolving com- down the assembly of President change. plicated issues. Apparently, 30 years of Obama’s team to bring real change to Once again, they want to renegotiate experience, having held the same job, Washington. That is what this resist- the November 4 election. Many of the and having worked with both sides of ance to David Hayes is about as well. holdups are the result of Republicans the aisle is not good enough for the This list goes on. I won’t read them asking for policy changes to reinstate party of no. all. I will put them in the RECORD. But George W. Bush policies. Didn’t we On May 6, Senator MURKOWSKI sent a to put this in historical context, at the have an election to decide that? letter to Secretary Salazar raising con- start of 2001, when the Senate was con- The nomination of David Hayes is an cerns about the decisions the adminis- trolled by the President’s party until example. The holds have nothing to do tration has made in the last few May 24, there wasn’t a single filibuster with him. The Republicans holding up months. The three issues are revisions of a nomination. The Democratic mi- his nomination simply want to rein- that the administration has proposed nority didn’t filibuster a single Bush state George W. Bush-era policies. to the Endangered Species Act, regula- nominee at the start of 2001. This time, They long for those good old days tions relating to future leases in off- we have had to file cloture six times under President George W. Bush. They shore drilling, and the administration’s because of threatened filibusters. The are going to resist change, resist this withdrawal of 77 oil and gas leases in following nominees were at least ini- President, and hold up as many people Utah. tially filibustered and required a clo- as they can that he needs to be a suc- Senator BENNETT, who is on the Sen- ture motion: David Ogden, Austan cess. ate floor, continues to object to the ad- Goolsbee, Cecilia Rouse, and Hilda Well, elections have consequences. ministration’s withdrawal of 77 oil and Solis, for the sole and exclusive pur- Americans voted for change. But the gas leases. These leases were with- pose of slowing down the assembly of party of no is holding up the Presi- drawn as a result of a court-ordered in- President Obama’s administration so dent’s agents of change. I urge my col- junction, and they are currently under there could be an effective and efficient leagues on the other side of the aisle to review by the Department. handing over of power. change their approach and to work They are blaming David Hayes for These Senate Republicans are still with us to confirm a well-qualified man this? Blame the court for this. Give negotiating the last election. They and much-needed person, David Hayes, this man a chance to serve our coun- want another chance at it. Well, the and the rest of the Obama administra- try. American people had their day. On No- tion’s nominations. Well, he is not the only nominee held vember 4 of last year, they elected a Mr. President, how much time is re- up by the party of no in the Senate. new President and asked him to do his maining on the Democratic side? This year, 17 nominees have had to best to lead our Nation in troubled The PRESIDING OFFICER (Mr. BEN- wait and wait and wait for a rollcall times. Sadly, the Republican Party NET of Colorado). There is 41⁄2 minutes vote to be confirmed. In most years, that lost that election will not face the remaining. these nominees would have been ap- reality that this President needs a Mr. DURBIN. Mr. President, I sug- proved by unanimous consent. Not this team of skilled professionals to stand gest the absence of a quorum. year. by him and deal with the real chal- I am sorry, I withdraw that. I see Apparently, the Republicans in the lenges we face in this country. They Senator BENNETT is on his feet. Senate don’t believe that President are slowing down and stopping nomina- Mr. BENNETT. Mr. President, is Obama has a mandate to lead this tions of well-qualified people who, there any time remaining on the Re- country. They are challenging his as- when they are ultimately called to the publican side? semblage of a team of people to make floor for a vote, get overwhelming roll- The PRESIDING OFFICER. There is this Federal Government run more effi- call support. no time remaining on the Republican ciently and effectively. This year, the We have surpassed the number of clo- side. Republican minority demanded rollcall ture motions filed on nominations dur- Mr. BENNETT. I ask the assistant vote after rollcall vote on what were ing President Bush’s entire first term— Democratic leader if he would respond routine appointments by the Obama four. When President Reagan was elect- to a single question? administration. They would threaten ed, in a landslide, a Democratically The PRESIDING OFFICER. The Sen- filibusters, force 2 and 3 days of delay, controlled Senate worked with him to ator from Illinois. require a 60-vote margin, and then confirm his nominees. So far, the Sen- Mr. DURBIN. Let me do this: I want what happened? ate has confirmed 104 Obama nomina- to yield 1 of our 4 minutes to the Sen- Here is one of the controversial tions. At the same point in 1981, with ator from Utah, and then I will re- nominees. Listen to his vote. Gil President Reagan and a Democratic spond. Kerlikowske, nominated to be Director Congress, it confirmed 125 Reagan Mr. BENNETT. I thank my col- of National Drug Control Policy, was nominations. The largest gap between league. held up, debated, and threatened. His nominations and confirmations during I have listened with interest to the confirmation vote was 91 to 1. Thomas this point in the Reagan administra- comments of my friend from Illinois— Strickland, nominated to be Assistant tion was 71. The largest gap between and we use that term loosely around Secretary for Fish and Wildlife, De- nominations and confirmations during here, but he really is my friend—and I partment of the Interior, was con- the Obama administration is 124, a would simply like to add this one his- firmed 89 to 2. Kathleen Sebelius, nom- number reached last week. torical postscript: Two of the Deputy inated to be Secretary of Health and Unfortunately, this Republican delay Secretaries for Interior were held up by Human Services, was confirmed 65 to is not likely to end soon. There are Democratic holds in the Bush adminis- 31. Christopher Hill, Ambassador to currently 18 nominees sitting on the tration, one for 6 months and one for 8 Iraq, confirmed 73 to 23; Tony West, As- Executive Calendar. By our count, months, both on issues I consider to be sistant Attorney General, confirmed 82 there are almost 12 holds on the Repub- less significant than the issue I have to 4; Lanny Breuer, Assistant Attorney lican side of the aisle. A couple of them discussed here today. Senators have a General, confirmed 88 to 0; Christine are worth noting. Senator John Kerry’s right to get answers to their questions

VerDate Nov 24 2008 00:19 May 14, 2009 Jkt 079060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G13MY6.008 S13MYPT1 jbell on PROD1PC69 with SENATE May 13, 2009 CONGRESSIONAL RECORD — SENATE S5407 before they make their confirmation colleagues to support the cloture mo- NEDY), the Senator from Massachusetts votes, as demonstrated by the Demo- tion and to move this nomination for- (Mr. KERRY), and the Senator from cratic Senators who held up these two ward. Maryland (Ms. MIKULSKI) are nec- Deputy Secretaries. My hold of this I yield the floor. essarily absent. Deputy Secretary for Interior is no- The PRESIDING OFFICER. The Sen- The yeas and nays resulted—yeas 57, where near the amount of time Demo- ator from Oregon. nays 39, as follows: crats used when they were holding Mr. MERKLEY. Mr. President, I rise [Rollcall Vote No. 189 Ex.] them up. I would like that historic today to speak in support of con- YEAS—57 footnote added to the Senator’s com- firming David Hayes to be Deputy Sec- Akaka Feinstein Murray ments. retary of the Interior. Mr. Hayes is su- Baucus Gillibrand Nelson (NE) Mr. DURBIN. Mr. President, I ac- premely qualified. He has, in fact, held Bayh Hagan Nelson (FL) Begich Harkin Pryor knowledge what my colleague said, and this exact position before in the Clin- Bennet Inouye Reed I don’t dispute it. I don’t recall those ton administration. He has an impres- Bingaman Johnson Rockefeller particular deputies or their names, but sive track record of handling con- Boxer Kaufman Sanders troversial issues and doing so by build- Brown Klobuchar Schumer I certainly don’t question the facts he Burris Kohl Shaheen has given. ing consensus among diverse constitu- Byrd Kyl Snowe How can you look at David Hayes for encies. He has successfully used this Cantwell Landrieu Specter this spot, after 30 years of experience, approach a number of times working in Cardin Lautenberg Stabenow Carper Leahy Tester after having held the job before, after our Western States. He worked closely Casey Levin Udall (CO) actively working with Republicans and with the Senator from Arizona on a Conrad Lieberman Udall (NM) Democrats to resolve contentious range of water and environmental in- Dodd Lincoln Warner issues, and say this man is not quali- terests and negotiated the framework Dorgan McCaskill Webb Durbin Menendez Whitehouse fied for the job? I don’t get it. I am for the Arizona Water Settlements Act, Feingold Merkley Wyden waiting for the smoking gun to come a historic settlement of water rights NAYS—39 out. What is this explosive issue that disputes involving municipal, agricul- Alexander Crapo Martinez the Republicans know that would hold tural, and tribal water users in the Barrasso DeMint McCain up this nomination, and they can’t State of Arizona. And that is no small Bennett Ensign McConnell come up with it? matter. You know, they say in the Bond Enzi Murkowski Unfortunately, it is part of a pattern. West that whiskey is for talking, but Brownback Graham Reid Bunning Grassley Risch This isn’t just about David Hayes, it is water, that is for fighting. That is how Burr Gregg Roberts about another 18 names sitting on our important it is, that is how difficult it Chambliss Hatch Sessions calendar here—18 names of individuals is, and it took a good man like this to Coburn Hutchison Shelby who are willing to give up their private Cochran Inhofe Thune bring diverse interests together to Collins Isakson Vitter careers, willing to come to work here solve those problems and move for- Corker Johanns Voinovich in Washington, sometimes for a cut in ward. Cornyn Lugar Wicker pay, under difficult circumstances, to In addition, Mr. Hayes worked with NOT VOTING—3 serve this new administration and try Senator FEINSTEIN to negotiate the ac- Kennedy Kerry Mikulski to change this country. They make the quisition and protection of old-growth The PRESIDING OFFICER. On this commitment, they get the decision by redwood Headwaters Forest. the family, they come forward, they go Mr. President, I ask that we have a vote, the yeas are 57, the nays are 39. Three-fifths of the Senators duly cho- through the nomination process, they strong, affirmative vote to fill out the sen and sworn having not voted in the fill out reams of paper, they sit Department of the Interior and put it affirmative, the motion is rejected. to work on the issues facing our Na- through the committees and finally get Mr. DURBIN. Mr. President, I ask approved by the committees, they get tion. unanimous consent that the motion to on the calendar, and what happens, CLOTURE MOTION reconsider the vote by which cloture usually? Not in this case because Sen- The PRESIDING OFFICER. Under was not invoked on the David Hayes ator BENNETT has been very public the previous order and pursuant to rule nomination be considered entered by about his opposition. Usually it is an XXII, the Chair lays before the Senate the majority leader. anonymous hold by some Republican the pending cloture motion, which the The PRESIDING OFFICER. Without Senator, fearful of using his name pub- clerk will state. objection, it is so ordered. licly, who will hold up the nomination The legislative clerk read as follows: (At the request of Mr. REID, the fol- indefinitely. These poor people lan- CLOTURE MOTION lowing statement was ordered to be guish on this calendar. I commend Sen- We, the undersigned Senators, in accord- printed in the RECORD.) ator BENNETT for standing up and stat- ance with the provisions of rule XXII of the ∑ Mr. KERRY. Mr. President, I was ing his opposition. Although I don’t Standing Rules of the Senate, hereby move necessarily absent for the vote today agree with it, at least he has had the to bring to a close debate on the nomination on the motion to invoke cloture on the courage to come forward. That is not of David J. Hayes, of Virginia, to be Deputy nomination of David Hayes to be Dep- the case on many of these. Secretary of the Interior. uty Secretary of the Interior because I This is the pattern that is emerging: Harry Reid, Mark Begich, Jeff Merkley, Max Baucus, Patty Murray, Jon Test- was attending a funeral. If I were able Slow things down, force us to a vote, er, Jack Reed, Jeanne Shaheen, Bar- to attend today’s session, I would have and when the vote finally comes, it is bara A. Mikulski, Debbie Stabenow, supported cloture on the Hayes nomi- an overwhelming vote in favor of the Tom Harkin, Robert Menendez, Byron nation.∑ nominee. The sole purpose is to try to L. Dorgan, Mark Pryor, Bernard Sand- Ms. SNOWE. Mr. President, I rise to stop the new Obama administration ers, Sherrod Brown, Barbara Boxer. expand on my vote in favor of Mr. from putting in place the team they The PRESIDING OFFICER. By unan- David Hayes to be Deputy Secretary of need to bring real change to America. imous consent, the mandatory quorum the Interior. It is my understanding President Obama said repeatedly dur- call has been waived. that Senator BENNETT has requested ing his campaign that real change is The question is, Is it the sense of the answers to a series of substantive ques- hard to come by, that it takes time and Senate that debate on the nomination tions regarding the Department of the there will be people who will fight it of David J. Hayes, of Virginia, to be Interior’s decision to withdraw 77 par- every step of the way. We are seeing Deputy Secretary of the Interior shall cels in Utah from an oil and gas lease one of those battles on the floor of the be brought to a close? sale. I strongly believe that it is the Senate today when it comes to David The yeas and nays are mandatory prerogative of any Member of the Sen- Hayes. under the rule. ate to have his or her questions an- For goodness’ sake, give President The clerk will call the roll. swered in detail, especially concerning Obama and Secretary Salazar the peo- The legislative clerk called the roll. an issue relevant to their home State. ple they need to be successful in the Mr. DURBIN. I announce that the I further understand that the Sec- Department of the Interior. I urge my Senator from Massachusetts (Mr. KEN- retary of the Interior has indicated

VerDate Nov 24 2008 00:19 May 14, 2009 Jkt 079060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G13MY6.009 S13MYPT1 jbell on PROD1PC69 with SENATE S5408 CONGRESSIONAL RECORD — SENATE May 13, 2009 that there will be a thorough review of natural gas, which is plentiful, which had to cut back on their home repairs, the administrative record concerning makes money for lots of people, which their air conditioning, and their con- the 77 lease parcels and the Depart- secures America, strengthens our in- tributions to their retirements plans. ment will provide a report with rec- dustry and creates jobs. Many had to make a decision between ommendations by May 29, 2009. I be- So this was a vote to indicate an un- whether to eat food or to pay for the lieve that this is a reasonable path for- settling on this floor, both from the gasoline they needed to get to their ward on the issues at this time. With Republican side and among some work and keep their job or to purchase that said, if Senator BENNETT’s ques- Democrats, that this issue needs to be needed medications. tions are not sufficiently addressed by addressed more directly and more ag- I can remember one story of a young that date, I reserve my right to object gressively. mother telling me how she and her hus- to future executive nominations to the I have all the confidence, as I close, band had started eating much less so Department of the Interior. I look for- in Secretary Salazar. He served right that their children could have enough ward to successful resolution of Sen- here with us a few years ago. I know he to eat, and they could still have ator BENNETT’s concerns. seeks a balance. So I trust that we will enough gasoline each week to get to Mr. DURBIN. Mr. President, I ask start seeing some aggressive comments work and keep their jobs. unanimous consent that following the coming out from the administration as Many of their stories were heart statement by Senator LANDRIEU of 4 we push forward to keep leasing up in wrenching. Many talked about losing minutes, the Senate resume legislative the gulf off the coast of Alaska, open- their jobs and being forced to relocate session and resume consideration of ing up Virginia, other parts of the Con- or to make decisions between, as I indi- H.R. 627. tinental Shelf, as well as the plentiful cated, purchasing gas or eating their The PRESIDING OFFICER. Without gas in your own State, and in places next meal. Many reduced their ex- objection, it is so ordered. such as Pennsylvania and Ohio, where penses, cut their luxuries and found Mr. DURBIN. Mr. President, I would our industries are desperate for this ways to economize. But the dramatic amend that unanimous consent re- cheap, clean energy source. increase we experienced last year quest. I wish to amend that to allow 5 I yield the floor. brought Idaho families, as many in minutes for the Senator from Lou- The PRESIDING OFFICER. The Sen- other States, to their knees asking for isiana, and 5 minutes for Senator ator from Idaho. help. CRAPO, and then the Senate resume Mr. CRAPO. Mr. President, I wish They offered explanations about legislative session and resume consid- first to indicate to the Senator from what has happened and offered links to eration of H.R. 627; and at that point, Louisiana that I agree with her com- various publications and videos they Senator MENENDEZ be recognized for 10 ments. I think the last time I got up to found helpful. They attached photos of minutes. speak on this energy issue she was here their circumstances. They sent legisla- The PRESIDING OFFICER. Without on the floor as well. I share her senti- tive resolutions from national, State objection, it is so ordered. ments about the need for us to con- and local entities to remind us that The Senator from Louisiana. tinue to focus on developing a rational other legislators around the country Ms. LANDRIEU. Mr. President, I national energy policy for our Nation. were interested in finding solutions to wanted to take a few minutes in ref- On July 30 last year, I stood before this issue as well. Many of them have erence to the vote we just had. I cast this body to talk about the No. 1 issue spent a lot of time and energy on this my vote for the nominee, based on not in the country to the people at that subject, researching energy options and only his experience with the Depart- time: energy. Gasoline prices were over sharing their opinions on what they ment, but based on my confidence in $4 a gallon and surging, and Americans have learned. They offered solutions. the Secretary that the President has were wondering what their leaders in My constituents suggested we need appointed to help lead this country to Washington, DC, were going to do to more conservation, that we need more a position of energy security, a posi- help. I place tremendous faith in the domestic drilling. They wanted more tion we do not enjoy at this very mo- opinions and ideas of Idahoans. So in public transportation and more nuclear ment. early July I asked my constituents to power options. They pushed for addi- Despite the work that has been done write to me and tell me what they tional renewable and alternative en- here and on the other side of the Cap- thought we ought to do and to describe ergy sources and research. itol in the last couple of years, despite to me what the impact of our failure to In short, they came through with the the rhetoric of several decades, we do have a reasonable national energy pol- kind of common sense that people all not enjoy energy security. We have en- icy was having on their lives. Then I across this country have been sharing vironmental issues, but we have secu- made a promise that I would submit with this Congress on the need for en- rity issues. their stories to the CONGRESSIONAL ergy solutions. They want us to be less I wanted to express this, because RECORD, a process I vowed to continue dependent on petroleum, and they want there was obviously some hesitancy until all of their stories had been sub- us to be less dependent on foreign about this nominee based on an issue, I mitted. In total, I received over 1,200 sources of this petroleum. They want believe, involving domestic oil and gas responses from my State, 600 almost us to have a broad, diverse energy base production. That is what this vote was overnight. It has taken me nearly 10 of renewable and alternative fuels, in- about, not about this personal nomi- months to get all of these stories en- cluding strong support for nuclear nee. tered into the CONGRESSIONAL RECORD power. But above all, they were angry This was a vote to express concern, due to the requirements of the CON- at Congress for not dealing with the which I share to some degree, that this GRESSIONAL RECORD limitations as to issue of high energy prices. They administration has not positioned how much can be submitted each day. couldn’t believe the country had been itself appropriately and aggressively Today I submit the last of those sto- through an energy crisis before but enough in the area of domestic energy ries, and I want to share with you what that Congress still has not managed production, of traditional as well as al- we have learned. I received touching the issue and come up with a solution. ternative and new sources. stories from Idahoans about how they Idahoans expressed frustration with Here I want to express that while I have been negatively impacted by partisan politics and the inability to voted yes on this nominee, that I plan, higher energy prices, and the stories move past the age-old arguments and and Members on the Republican and indicate that high energy prices had reach consensus on a comprehensive Democratic side plan, to be more vocal impacted every aspect of their lives. energy policy. Many said they were in expressing our concern to this ad- Idahoans had to cut back on family grateful I had asked for their thoughts. ministration that the tax proposals on time. Many were unable to visit elderly I come before the Senate to echo my the oil and gas industry are not going relatives and had to cut back on family constituents’ comments and concerns to create jobs. We are going to lose activities together outside of the home about our energy policy and to offer so- jobs, 1.8 million. such as sports or music lessons. But lutions. As I stand before the Senate, While we move to alternative fuels, those were just some of the less serious we are no closer to a comprehensive en- we are turning our back on traditional challenges Idaho families faced. Many ergy policy than we were last July. Yet

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People are seeing so much This Congress, as I have done for sev- mestic security and creates American of their paychecks eaten up by late eral Congresses, I introduced the Credit jobs while providing energy at the low- fees, over-the-limit fees, and interest Card Reform Act to tackle essentially est cost possible to consumers. payments that today companies can the same issues this current bill deals The key to the energy future is to unilaterally increase at any time. with, including banning retroactive take a balanced approach that includes Credit card companies are pushing rate increases, protecting young con- domestic production, conservation, re- cards on college students who can’t af- sumers from being sucked into the newables, nuclear, and alternative fuel ford them and teenagers are winding up cycle of debt, reasonably tying fees to development. with a lifetime of debt. costs, and prohibiting unilateral I would like to conclude my remarks Companies are raising interest rates changes to agreements. by repeating my constituents’ desire on consumers and customers who have We have $1 trillion collective debt in for the kind of bipartisanship that can a perfect record with their credit card credit cards. That is how big this issue transform this country’s energy policy. but miss a payment with some other is. I am proud to see Chairman DODD’s I welcome the opportunity to work creditor. Maybe worst of all, if you credit card reform bill includes many with all my colleagues on this issue. I have a credit card, chances are there is of the provisions I included in my bill encourage us not to a get into another a line in the fine print that says the and have championed for years. His energy crisis such as we faced last sum- company can change the rules at any leadership is what has brought us to mer, with Congress having failed to time. Considering some of the changes the floor today. I included in my bill take the important steps it can to help companies have made already, who many of those provisions, and we have America become energy independent knows what they could do tomorrow. championed them together. and a strong supplier of its own energy I have heard from thousands of peo- Though in some cases I would like to resources. ple in New Jersey who feel their credit see different provisions that I think I yield the floor. card contracts are booby-trapped, that would make for stronger legislation, I f their credit card agreements conceal still look forward to working with the all kinds of trapdoors behind a layer of chairman on one or two of those. But LEGISLATIVE SESSION fine print. Take one false step and your this bill represents one of the strong- The PRESIDING OFFICER. Under credit rating plummets and your inter- est, most comprehensive efforts yet to the previous order, the Senate will re- est rate shoots through the roof. end some of the most egregious prac- sume legislative session. These are the same kinds of stories tices of credit card issuers, while mak- f we started hearing as the foreclosure ing sure that Americans young and old crisis began. Right now there is noth- don’t fall so easily into financial traps. CREDIT CARDHOLDERS’ BILL OF ing stopping credit card companies The principle behind this bill is sim- RIGHTS ACT OF 2009—Resumed from doing this to consumers—no law, ple: Companies should be clear about The PRESIDING OFFICER. The no level playing field, no protection for the rules upfront, and they should not clerk will report the bill. the average American, no way to get change them in the middle of the The assistant legislative clerk read the kind of fair treatment we expect as game. The bill says, similar to a provi- as follows: a matter of common sense. sion I have been pushing, if companies A bill (H.R. 627) to amend the Truth in When some people see that their in- want to change the terms of credit card Lending Act to establish fair and trans- terest rate has shot through the roof agreements, they have to give reason- parent practices relating to the extension of for no apparent reason, they call and able notice before they do so. It will credit under an open end consumer credit plead with their companies for help, end an industry practice known as uni- plan, and for other purposes. but their fate lies solely in the hands of versal default on existing credit bal- Pending: the credit card companies. If the com- ances so companies don’t raise interest Dodd-Shelby amendment No. 1058, in the panies don’t want to help, they are out rates on customers’ outstanding debt nature of a substitute. of luck and stuck with an even bigger when they have a perfect record with McConnell (for Gregg) amendment No. 1085 mountain of debt. Meanwhile, credit that credit card but maybe miss a pay- (to amendment No. 1058), to enhance public card companies are still making multi- ment by a few days with some other knowledge regarding the national debt by re- quiring the publication of the facts about the billion-dollar profits. This isn’t just creditor. national debt on IRS instructions, Federal impacting the lives of individual Amer- I called for this in my bill, and I am Web sites, and in new legislation. icans and families trying to make ends proud to see Chairman DODD has it in Vitter amendment No. 1066 (to amendment meet; it has major ramifications for his. I am also proud he included a pro- No. 1058), to specify acceptable forms of iden- the entire economy. vision I called for in my bill to make tification for the opening of credit card ac- One of our major economic chal- sure that when fees are imposed, they counts. lenges right now is getting credit flow- are reasonably tied to the original vio- Sanders amendment No. 1062 (to amend- ing again but not at the high price lation or omission that triggered the ment No. 1058), to establish a national con- credit card companies are imposing. sumer credit usury rate. fee, not just the companies’ desire to Gillibrand amendment No. 1084 (to amend- The economy is never going to get run- increase profits. ment No. 1058), to amend the Fair Credit Re- ning at full speed again if consumers This bill will discourage the bait- porting Act to require reporting agencies to can’t get their bearings because they and-switch tactics behind the provide free credit reports in the native lan- have fallen behind on a payment tread- preapproved offers that almost every guage of certain non-English speaking con- mill that credit card companies keep American consumer has seen come into sumers. speeding up. If there is any time to end their mailbox, an idea I also put for- The PRESIDING OFFICER. Under deceptive practices and level the play- ward strongly in my own bill. When the previous order, the Senator from ing field, it is now. you get a card offer, the offer should be New Jersey is recognized. Credit card reform is something I real. The terms should not be so good Mr. MENENDEZ. Mr. President, we have been calling for since I set foot in to be true that it fades away once you see gathering clouds in this economic the Senate. In 2006, one of the first apply for the card. This legislation will storm and those clouds are credit card pieces of legislation I introduced was provide recourse for consumers, if a debt. At the very same time that it is an effort to reform credit card prac- card issuer tries a sleight of hand and becoming harder to get new credit, tices. Even then it was clear credit changes the terms in the fine print. Americans have almost a trillion dol- card debt was a looming problem that One of the things I have been focused lars of credit card debt outstanding. had the potential to wreak havoc on on—and I am glad to see it in this

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That is preapproved credit cards, I could stack Take the case of Maggie Bagon, a 59- why this legislation is so important. them this high, or my State director’s year-old social worker from Salem, OR. It is strong, commonsense legislation 2-year-old who got a preapproved credit As reported in the Oregonian, Maggie which targets the most abusive prac- card, if you have a Social Security used her card conservatively. She paid tices. In particular, I am proud it pro- number and a pulse that, in fact, you her bills on time. So she was incensed hibits ‘‘universal default’’ on existing can get a credit card. when her credit card company charged balances—that bait-and-switch tactic I am proud this bill includes a provi- her a late fee. when, under the deal you have signed sion that says people under 21 can So she called up the bank. They told up for, you are charged 7 percent, but proactively opt in to receive credit of- her the terms of her contract per- after you make those charges, your in- fers, but they will no longer will be mitted them to sit on her payment for terest rate is suddenly switched to 29 lured into deals unless the decision is 10 days before they posted it to her ac- percent. their own. It would also ensure that count, and that made it feasible—in I am proud this bill requires that when college students do opt in and fact, lawful—for them to charge her a payments beyond the minimum month- apply for a credit card, they prove that late fee when she paid her bill early. ly payment be applied to the balances they or a cosigner can actually make That type of practice is a scam. with the highest rate of interest. the payments on that debt before they Maggie and thousands of Oregonians, I am proud this bill limits the aggres- get that card. That is something I even perhaps millions of Americans, have sive solicitation of young persons; that think should be considered more broad- been charged late fees for paying their it prohibits fees based on the method of ly, ability to pay as a fundamental es- credit cards early. That kind of decep- payment, be it telephone, mail, Inter- sence. tion and trickery has to end. net or otherwise; that it prohibits over- This way we don’t get people on the Late fees for early payments is not the-limit fees unless a person opts in to march of bad debt, bad credit, and all the only type of scam we have had in that feature—it is a fair deal, you the consequences that flow therefrom. this industry. How about interest choose it—and that it prohibits late For far too many people, credit card charges on balances that have been fees if the card issuer delayed posting debt is already a personal financial cri- paid off? Well, you have paid it off, and the payment. sis. If we don’t act soon, it could grow you are very happy about that. You are These long-overdue, commonsense re- to become a national financial crisis. now free of interest? No, you are not— forms are important steps to bring Already there is a trillion dollars in not under the rules of the fine print in transparency and fairness to credit collective debt. We cannot allow preda- many credit card agreements. card contracts. These reforms will help tory and deceptive practices in the in- How about fees for going over the Maggie and millions such as her from dustry to continue as we did in the limit when you do not know you are Connecticut to Oregon and everywhere subprime mortgage market. We cannot over the limit? Well, it used to be you in between. allow the credit card problem to be- were simply turned down and that was Friends, this legislation is also good come the next foreclosure crisis. fine because that was the deal you had for our banking system. There is one When it comes down to it, this legis- and you understood the deal. But now clear lesson we have learned this year; lation is about trust. At a time we suddenly you get your credit card that is, fair lending results in families have seen financial institutions fail, ei- statement, and you find out you were who are on a solid foundation, strong ther fail to be profitable or just fail to charged a $30 fee when you bought a consumers, and it avoids the sort of be honest, it is clear that restoring newspaper with a credit card or you securitization that results in poison trust by ending deceptive practices is were charged a $30 fee when you bought pills being based on fraudulent, decep- good for everyone. People are not de- a $5 meal with your credit card because tive practices, poison pills that infect manding too much, just rules that are the bank was not going to tell you our banks and financial institutions fair, understandable, and don’t change about the fee because they wanted to around the world. in the middle of the game. collect those fees for going over the Even the banks are aware this sys- It is time we give individual con- limit. tem is flawed, and some have tried to sumers the tools to level the playing Well, this act will fix that problem, offer better, safer cards. But they field when it comes to dealing with that type of scam on the American found it hard to differentiate them- credit card companies. This legislation worker. In fact, credit card companies selves. Why is that? Well, here is why. is about creating a trustworthy finan- have even charged fees for making your It is pretty straightforward. Consumers cial system, restoring some common- payments at all. Some charge fees for do not have the time or patience to sense rules of the road, and stabilizing paying with a check. Some charge fees read the dozens of pages of fine print our economy by making it possible for for paying over the Internet. Some that come in a credit card contract and consumers to get their footing. charge fees for paying by telephone. then to compare its terms—and be able At the end of the day, that is in the That is simply crazy, and this act will to evaluate its terms—to the dozens of interest of all Americans. Now it is address these types of tricks and traps pages that come with another credit time to act because, similar to the debt that have become key and central to card. on our credit cards, if we keep putting the industry. But even if a person dedicated a week this problem off month after month, it As a member of the Oregon House of of their life to comparing two credit is only going to get worse. Representatives and as speaker, I card contracts, it would not matter be- I look forward to working with the worked with my colleagues to reform cause, at the end of the contract, it chairman to pass this bill, making it as lending practices in our home State. says: These terms can be changed at strong as possible and making sure it We tried to address credit card prac- the discretion of the credit card com- becomes law. tices to establish fair rules of the road, pany at any time. And they are I yield the floor. and our legal counsel said: No, you changed frequently. Therefore, the con- The PRESIDING OFFICER. The Sen- can’t do that here at the State level. tract does not give you the ability to ator from Oregon is recognized. You have to do that at the Federal compare and contrast. Therefore, we Mr. MERKLEY. Mr. President, I com- level. It is federally preempted. So we have a dysfunctional market because mend my chairman, the distinguished were not able to help people such as consumers are not able to choose bet- Senator from Connecticut, for his work Maggie, the citizens of our State, have ter cards with better practices. on the legislation before us today. This fair practices. Only the Federal Gov- We need to create a functional mar- has been a complex issue. The chair- ernment, under Federal law, can make ket where there is competition—com- man has worked very hard to bring these changes. petition not based on how many tricks

VerDate Nov 24 2008 01:14 May 14, 2009 Jkt 079060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G13MY6.014 S13MYPT1 jbell on PROD1PC69 with SENATE May 13, 2009 CONGRESSIONAL RECORD — SENATE S5411 and traps you can insert into the fine I pointed out yesterday that 20 per- tainly, I understand—I think most of print but competition based on value, cent of college students have in excess my colleagues do—that stabilizing our based on good interest rates, based on of $7,000 in credit card debt, and the av- financial institutions ultimately will fair fees, and based on good, old-fash- erage college graduate today is leaving get credit moving and be a great help ioned consumer service. college with more than $4,000 in credit to businesses and consumers. But it is Friends and colleagues, this legisla- card debt. In fact, one of the major rea- an indirect assistance. This is direct tion is fundamentally about fairness. It sons why students drop out is because assistance. is long overdue. Our citizens deserve of credit card debt. This is an opportunity to say, it is fair contracts on credit. It makes our Again, we understand the value of a not going to happen any longer. We are families stronger. It makes our na- credit card. But the responsible use of putting a stop to it. The people are tional financial system stronger. it by the consumer and also the respon- going to get the kind of help they de- I certainly commend Senator DODD sible proliferation of these cards by the serve. People need credit cards. They for his 20 years of labor, day in and day issuers need to be in balance. It is not. are essential for them in the conduct of out, to reform these practices. I com- This bill changes that, and we think their everyday lives. But they need to mend President Obama for his leader- for the better, which will provide the have the assurance that the terms are ship on this very important issue. use of credit cards but in far more re- not going to change, the rights do not Friends, it is time to adopt these re- sponsible ways than certainly pres- change, the credit limits do not change forms. President Obama is waiting. ently is the case. on the basis of the issuer deciding that Maggie Bagon of Salem, OR, is waiting, I am very grateful to Senator on their own. This bill addresses all of along with millions of other Ameri- MERKLEY, Senator MENENDEZ, Senator those issues in a very comprehensive cans, for simple fairness. BENNET, and Senator WARNER, who and thoughtful manner. I yield the floor. have been involved in this debate over I am grateful, again, to the members The PRESIDING OFFICER (Mrs. the last number of weeks and months. of the Banking Committee, as well as GILLIBRAND). The Senator from Con- I am confident and hopeful in the next to Senator SHELBY, of course, and oth- necticut. 2 days or so we will be able to finish ers who have helped put this legisla- Mr. DODD. Madam President, before the bill and work out with the House tion together. my colleague from Oregon leaves the the differences we have, which are not The majority leader has been a cham- floor, I wish to thank Senator many, and send this legislation to the pion in this area, and he is the one who MERKLEY, who is a former speaker of President. has allowed us to be on this floor and the house in his home State. He is a The President, by the way, is the to engage in this debate. Having lead- new Member of this body and a wel- first American President who has spo- ership that insists upon this kind of de- come addition to it. While he and my ken up so forcefully, on numerous oc- bate occurring is welcomed in this colleague from Colorado, Senator BEN- casions now over the last several country, and I thank Senator REID, as NET, and Senator WARNER from Vir- weeks, on this issue. To have an Amer- well, for those efforts. ginia are new Members of the Senate ican President talk about the impor- With that, Madam President, unless and new members of the Banking Com- tance of reform of the credit card in- others wish to be heard, I suggest the mittee, I wish my colleagues to know dustry has made an invaluable con- absence of a quorum. what incredibly valuable additions tribution to public awareness about The PRESIDING OFFICER. The they have been to the committee and this issue—not that the public needed clerk will call the roll. to this body. to be made aware of it. The public has The assistant legislative clerk pro- In the few short months they have been living with it. They have been far ceeded to call the roll. been here, I have gotten to know all more knowledgeable about this, with 70 Mr. REED. Madam President, I ask three of them very well. We have had a million accounts over the previous 11 unanimous consent that the order for lot of—almost, I think, close to 20— months having their interest rate go the quorum call be rescinded. hearings in the Banking Committee up. That is one out of four American The PRESIDING OFFICER. Without since January 20 on a variety of issues. families. objection, it is so ordered. We had a housing bill up last week, As you have heard in anecdote after Mr. REED. Madam President, I wish which took a good part of the week, anecdote, fees have been raised, pen- to make some remarks with respect to with some 20 amendments. Now we alties have been imposed, charges have this pending legislation. First, I wish have this legislation. There is a lot of been added on, with no cause, no jus- to commend Senator DODD and Senator work in front of us. tification whatsoever. It is the only SHELBY for developing this bipartisan I wish to express to the people of Or- contract I know of where one party can legislation. It will bring more fairness egon how grateful we are to them they change the terms at will. If you buy a to the credit card market and provide have sent JEFF MERKLEY to the Senate. home, if you buy a car, if you buy an more predictability to the many Amer- He is making a wonderful contribution, appliance, there is a contract. The sell- icans who use credit cards, which is and it has been in a matter of days. er cannot change the terms midway in practically all Americans today. Certainly, on this issue, he has brought that contract. On credit cards they Families are being squeezed on every a wealth of knowledge and experience can, and they say it bluntly: For any side. The unemployment rate continues to the subject matter of consumer reason, at any time, we will change the to rise. The situation, we hope, is be- issues. Certainly, his additions and contract. Of course, that is terribly un- ginning to stabilize across the country. thoughts on the credit card legislation fair to American consumers, at a time However, in my State of Rhode Island, have been invaluable, as have been they are paying an awful price eco- there is still a significant 10.5-percent those by BOB MENENDEZ, who was here nomically, as well as with jobs being unemployment rate. That is unaccept- a minute ago, the Senator from New lost and homes falling into foreclosure. able. Individuals are still working, but Jersey, who is a more senior Member of I am hopeful this bipartisan bill Sen- they are receiving pressure to take pay the Senate but a former Member of the ator SHELBY and I have put together cuts. Home values have fallen precipi- House. Also, his concerns about young will enjoy broad bipartisan support. I tously. As a result, people can no people and the proliferation of credit cannot think of a more significant longer call upon their biggest invest- cards arriving at their homes unsolic- message we can send to the American ment and their biggest source of ited, and in some cases being public about this institution caring wealth: their home. All of this is add- preapproved, has been a source of great about what they are going through ing to the dilemma that is facing work- concern for me over many years. To today. We have spent a lot of time over ing families across this country. have the addition of BOB MENENDEZ ex- the last number of months dealing with At a time of declining home prices, pressing his interests on those subject financial institutions: stabilizing rising unemployment, and the pres- matters has brought us to the point them, TARP money, automobile assist- sures of daily life, individuals are faced where we now finally have provisions ance. Americans are wondering if we with higher and higher credit card in- in this bill that do protect young peo- are ever going to do anything about terest rates, which makes it even more ple and their families. what they are going through. Cer- difficult to make ends meet. People

VerDate Nov 24 2008 01:14 May 14, 2009 Jkt 079060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G13MY6.015 S13MYPT1 jbell on PROD1PC69 with SENATE S5412 CONGRESSIONAL RECORD — SENATE May 13, 2009 who have never missed a payment are address issues that are clear cut. It will World War II when we were fighting for facing double-digit interest rate in- also place more difficult issues on a survival. These numbers add up to debt creases because card issuers are cur- timeline that will provide relief but that is unsustainable and cannot pos- rently permitted to increase rates at give an opportunity to effectively im- sibly be repaid by our children and any time for any reason. plement these changes. therefore will create an atmosphere for Our small business owners are strug- I am, however, disappointed that the our children and our children’s chil- gling. The Federal Reserve April 2009 ban on retroactive interest rate in- dren where our Nation will not be as survey of senior loan officers shows creases will not take effect until 15 prosperous or as strong as it was when that banks continue to tighten stand- months after the bill is enacted. I our Nation was passed on to our stew- ards for credit for small business lend- think we should do that much more ardship. ing and to decrease existing credit quickly. I point out that 15 months is These problems are only massively lines. With few viable alternatives, even later than the date included in compounded by the report that came many small business owners must use the Federal Reserve’s original rules, al- out yesterday from the Social Security their personal credit cards just to keep though we are improving upon their trustees because they pointed out that the lights on in their company and to original approach. This bill goes fur- the Medicare trust fund is going into a stay afloat, and they also are subject ther than the Federal Reserve’s rules, negative cash flow situation and the to these arbitrary increases of their in- and in that sense I think it is impor- Social Security trust fund will soon go terest rates. tant and timely and effective. into a negative cash flow situation. The Dodd-Shelby substitute restores This bill will stop the exploitation of What does that mean? Well, in the last balance to a market that has lacked credit cardholders, there is no doubt. 15 or 20 years, we have basically been adequate consumer protections for far But we must acknowledge that when financing our Government by bor- too long. This legislation codifies the card issuers return to careful under- rowing from the piggy bank of Social rules the Federal Reserve recently writing standards because they can no Security and using that money to oper- issued by prohibiting double-cycle bill- longer change interest rates at will, ate the day-to-day costs of the Federal ing, retroactive interest rate increases credit may become tighter. As a result, Government. What the trustees are on credit card holders in good standing, for some consumers, a credit card will telling us is that the piggy bank is bro- and other questionable practices. It be harder to come by. We have to rec- ken. It has been smashed. It no longer will institute commonsense rules that ognize that. That is something which I has any money in it. It is not going to will make a meaningful difference for think should be explicit rather than take in money that exceeds the consumers, and this is a very impor- implicit. amount of money it has to pay out. In tant and very positive first step. These One more point. Our first priority is fact, we are going to have to borrow Federal Reserve rules have done that. protecting consumers, but what should money now in order to pay Social Se- But this bill goes further. It requires not get lost in the debate is that robust curity benefits beginning in 2016 and that penalty fees be reasonable and consumer protections benefit the whole Medicare benefits right now, this year. proportional to the cost of the viola- economy. We are now seeing what hap- This chart reflects the seriousness of tion. It requires that any interest rate pens when some financial institutions the situation. If you take just these increases on new purchases be reviewed are able to pursue profits without rea- basic mandatory programs—Social Se- every 6 months so that consumers can sonable safeguards for borrowers, with- curity, Medicare, and Medicaid—the return to a previous rate if conditions out prudent underwriting, without ef- cost is escalating on a steep upward change. It also protects consumers who fective due diligence. The short-run slope. By around the year 2025 or 2030, have temporarily fallen on hard times gain quickly turns into long-run pain these three programs alone will absorb by requiring 60 days before penalty in- for the economy. That is precisely all of the money the Federal Govern- terest rates can be imposed. what has happened over the last sev- ment has traditionally spent on all of It shields young people from taking eral months. Not only did consumers the programs of the Federal Govern- on more debt than they can handle by suffer, but also the institutions that ment—20 percent of GDP—and then limiting prescreened offers to young originally underwrote these products they go up. It is projected that toward consumers. It also gives consumers suffered. the middle of this century, Social Se- more access to the information they All of this having been said, the leg- curity, Medicare, and Medicaid will lit- need to make wise financial decisions, islation before us is timely. It will pro- erally bankrupt our Nation by them- such as requiring full disclosure about vide long-overdue protections to Amer- selves. That says nothing about the due dates, penalties, and changes in icans—individuals, households, fami- basic underlying budget, which is ex- terms. lies, and businesses. I urge my col- panding so dramatically under this I am pleased that much of the bill leagues to support this important leg- Presidency. will take effect just 9 months from en- islation. The debt of this country under Presi- actment. This is an aggressive but I yield the floor. dent Obama’s proposal and budget, be- achievable effective date—something I The PRESIDING OFFICER. The Sen- cause of spending in these three ac- pushed for, along with my colleagues, ator from New Hampshire is recog- counts and because of the new spending particularly Senators DODD and SHEL- nized. the President proposed in all sorts of BY. When the Federal Reserve first an- U.S. DEBT other accounts—massive expansions in nounced that its rules would not be im- Mr. GREGG. Madam President, I rise the size of Government, where the debt plemented until July 2010, I wrote to to speak about the dire situation of our of the Federal Government just goes up Chairman Bernanke urging him to re- fiscal house and the Federal Govern- and up, to the point where it will rep- consider the effective date in light of ment, which has been confirmed and resent, at the end of President Obama’s the economic crisis. reinforced by the recent trustees’ re- budget, 80 percent of the gross national This legislation is careful to try to port on Social Security. product. Today, the Federal debt is make changes in a way that preserves We are in big trouble as a nation be- about 40 percent of the gross national consumer access to credit. Implemen- cause of the amount of debt we are run- product, down here, but after the tation is staggered in recognition that ning up. This President has proposed a spending spree of President Obama and some of these changes are very narrow budget that doubles the debt in 5 years the Democratic Congress, it will be 80 in scope and others are more far-reach- and triples it in 10 years. He proposed a percent of the gross national product. ing. For instance, an important provi- budget that runs, on the average, a We will be in a position where we sion requiring a 45-day notice before trillion dollars of deficit every year for cannot get out of the hole. Usually, any interest rate increase will take ef- the next 10 years—4 to 5 percent of when you dig a hole that is too deep— fect in 3 months. Other changes, which GDP in deficit. In fact, this year the and we are deep in the hole already, by may require more time to be imple- deficit will be almost $2 trillion and it the way—you stop digging. That is the mented appropriately, will be insti- will be almost 13 percent of GDP—stag- old adage. If you are digging a hole and tuted on a different timeline. This is a gering numbers, numbers we have you are underground, you stop digging. sensible and rational way to quickly never seen as a nation except during We are not going to stop digging as a

VerDate Nov 24 2008 01:14 May 14, 2009 Jkt 079060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G13MY6.017 S13MYPT1 jbell on PROD1PC69 with SENATE May 13, 2009 CONGRESSIONAL RECORD — SENATE S5413 government. What the President and they will find they are worth less the about spending. They, the other side of the Democrats are suggesting is that next day because of inflation. It says to the aisle, are proposing increasing we bring a backhoe into the hole and the people who want to buy things that spending by over $1 trillion on the dis- dig twice as fast, so that we go even they can buy less because of inflation. cretionary side—that is education and further down into the negative, into Inflation is a massive tax on working things like that—and over $1 trillion debt. That is not sustainable. It is not Americans. That is one way you get on the entitlement side. The revenues survivable for our kids because they out of debt, you inflate it. The prac- from this tax increase are about one- are going to end up with costs and defi- tical effect of that is that people won’t fifth of that spending increase, max- cits that far exceed their ability to be want to buy your debt. If they know in- imum one-fifth—and that presumes able to manage. flation is coming, they won’t buy your that wealthy people are not going to be The Medicare system alone has an debt. Why give you $1 billion to buy a smart enough to go out and figure out unfunded liability of $37.8 trillion. billion dollars of American debt know- ways to avoid taxes, which is what peo- When you throw in the Social Security ing that you are going to pay them ple do who have accountants when system on top of that, you are talking back in inflated dollars? If they are their tax rates go up. They figure out a about unfunded liabilities of over $42 going to give you a billion dollars, or way to invest so they do not have to trillion. What are the implications of lend it to you, they are going to re- pay their taxes at such a high level, le- that? If you took all the taxes paid in quire much higher interest rates than gally, by investing in things that are the United States since we were formed we presently have to pay because they tax avoidance vehicles. as a nation, since we began our Govern- are going to have to anticipate infla- It is not a very efficient way to man- ment and started to collect taxes, we tion and the fact that the value of the age the economy. We would rather have paid less in taxes than we have in dollar will be reduced and that the have people invest in a way to get the obligations on those two accounts. If value of the debt they just bought will maximum return because that creates you took the net worth of every Amer- be worth less. So inflation has a lot of the most productivity in society, which ican—all of our homes, cars, and very bad ramifications. promotes the most jobs, but what hap- stock—and you added it all up, we have But how else do you get out from un- pens is people invest not to create jobs a debt on the books for the purpose of derneath the debt? The other way is to and create return, they go out and in- paying for the programs that we know massively increase taxes on all Ameri- vest to avoid taxes, which is a very in- already exist under Medicare and So- cans. This euphemism that we are just efficient way to spend dollars. But let’s cial Security—we have a debt that ex- going to tax the rich—you cannot do it accept the theory this is all acceptable, ceeds the net worth of the entire coun- by just taxing the rich even if taxing that we should go out and tax the rich try. That is the definition of bank- the rich is something you want to do. because it is a good political statement ruptcy, by the way—when your debt On the other side of the aisle, they and makes a nice TV ad and that will dramatically exceeds your assets. claim they are going to raise the rate address the problem. In fact, by the 10th year of this budg- on high-income Americans from 35 per- It does not. We still have a debt et, as proposed by President Obama cent up to an effective rate of about 41 curve that goes up essentially on the and passed by the Democratic Senate— or 42 percent, as proposed by the Presi- same pathway because this pathway of without any Republican votes because dent. These high-income Americans, debt assumes—this debt assumes this it is such an irresponsible budget—the making more than $250,000, are the ma- tax increase on the wealthy. interest on the Federal debt alone will jority of the job producers in America. What is the other option besides in- be $850 billion. To try to put that into Most of the jobs in America are pro- flating the economy? It is to tax every- context, the interest on the debt will duced by small businesses today, and one at very dramatic rates. What is the actually exceed what we spend on na- almost all of those small businesses practical effect of that? If we tax all tional defense. It will exceed by a fac- would be hit with this additional tax working Americans in order to pay off tor of 4 or 5 what we spend on edu- rate. So what happens to the small this debt—and remember what this cation and on transportation. So we business, that mom-and-pop activity in debt is being used for. It is being used will be putting more money into pay- New Hampshire, which is suddenly to expand the size of the Government. ing interest. starting to grow? Maybe they have 10 The President has been very forthright By the way, to whom do we pay this employees and they want to add 12 or about this. He says: I believe, by dra- interest? We pay it to the Chinese, to 15 more, but they cannot do it because matically growing the size of the Gov- the Japanese, to Southeast Asian coun- they have to take their money and put ernment—I heard this today on NPR, tries, and, obviously, to the Arab and it toward paying taxes. They are not which I found was very appropriate oil-producing countries. We will be going to be able to put it toward add- since they happen to be a Government- paying more interest to those na- ing more jobs, which would be much funded agency—by dramatically ex- tions—more American hard-earned dol- more beneficial to us than having the panding the size of the Government, lars will go to those nations to pay in- money come to Washington and having you can create prosperity. terest on our debt—than we will have the people in Washington decide how to That is the argument of the Presi- available, what we will be able to spend efficiently spend it. It is spent much dent. That is the argument of the on our own national defense. more efficiently by small business. NPR’s commentator today. I am think- Does that make sense? No, it doesn’t It is not like they are undertaxed. A ing to myself—explain this to me. make any sense at all. Plus, it is not 35-percent tax rate on a small business Take the debt of the United States supportable. means they are taxed more than any up to 80 percent of GDP, run deficits of There are only two things that can other people in the industrialized world $1 trillion a year for the next 10 years, happen to our Nation. When you run up for small business activity. Most cor- and we are going to create prosperity? the debt in the manner in which this porate taxes and business taxes in the We are not going to create prosperity. deficit is proposed and in the manner world average out around 20, 19, 15 per- We are going to create a momentary these deficits will do under the budget cent. In the United States it is 35 per- blip in the activity of the Government passed here, when you look at the debt cent, if you are an individual or a sub- in the private sector—not momentary, and the serious financial situations of chapter S corporation. Now they are a permanent blip. And we are going to Social Security and Medicare, there talking about taking it up to 41 per- significantly increase the size of the are basically only two things—unless cent under the proposal from the other Government and maybe we will create we take action on controlling spending side of the aisle. some Government jobs, but in the end now—that can occur. One is that you That is their plan for taxes. This is what we get is a massive expansion in devalue the dollar and inflate the cur- tax the rich. Even though for the most debt, a massive expansion in deficit, rency. That is sort of a combined part this is small business and it will and a commensurate expansion either thing. You basically take the value of cost us jobs—fine, let’s accept the tax- in inflation or in taxes, which have a the American currency and inflate it. the-rich argument. How much money huge dampening effect on prosperity. That is the cruelest tax of all. That do they get from that? Not very much, We don’t create prosperity by in- says to people who have savings that compared to what they are talking creasing inflation. We don’t create

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We are to stand up at a town meeting and say discussion about the real problems we going to get a weaker economy, a less we are going to raise the age of retire- confront as a country, and the trustees prosperous country, and a country that ment in Social Security; we are going report should be listened to. There was is not as strong. to change the ways we calculate one specific suggestion in the trustees These numbers that came out yester- COLAs on Social Security. No, that is report that we in the Congress were day from the Social Security trustees not the way these things are discussed supposed to do. The trustees report only highlight, in a most devastating around here. That is not possible in a says when it is projected that the way, how significant our problem is. If political climate. We accept that. Medicare trust fund will have to be we fail to take it on, if we fail to ad- Why not set up a procedure which supported with more than 45 percent of dress this issue, if we continue on this drives a good policy, which we can vote the general funds of the Government— path of just spending money as if there on and everybody can sort of hold in other words, the Medicare trust fund is no tomorrow, there will be no tomor- hands and go at the issue together? is supposed to be self-insured. It never has been, but it is supposed to be. It is row for our children because the bur- That is what Senator CONRAD and I dens will be so high and so extreme have suggested. It is called the Conrad- not supposed to be general funds, which is general taxation, to pay for it. So 5 from all the costs of Government, and Gregg Commission, except in New years or so ago we put in that language especially from the burdens of these Hampshire where we call it the Gregg- that said if over 45 percent of the sup- entitlement programs. Conrad Commission. port funds comes from the general fund What is the answer? To begin with, Actually, what it does is set up a so it is no longer an insurance event, so yes we are in a tough fiscal time right process where a group of people who people who are paying into their HI in- now, and we have to spend money that are very knowledgable—with a major- surance are no longer supporting any- we do not want to spend in order to try ity, by the way, from the majority thing more than 55 percent of the cost to get things going. But let’s acknowl- party—sit down and figure out the best of the fund—at that point the trustees edge the fact that this recession is not ways to try to bend this curve a little notify Congress and the President that going to go on forever. Hopefully, there bit. Hopefully, more than this. See, this is going to occur within the next 7 are some lights at the end of the tunnel this is the current baseline, the blue years, and we are supposed to, by our one. Hopefully, we can get it back to and some glimmers that things are own statute, receive from the Presi- the current baseline and get under con- turning around, and we all hope that is dent directions as to how to bring going to occur and it appears it may. trol the rate of growth of these entitle- spending or the cost of the trust fund The Federal Reserve Chairman thinks ments so they do become, at least if down so that the general fund will not it will. not immediately affordable, over a be invaded by more than 45 percent. As we move out of this recession, we long period more affordable. President Bush took this to heart. He should not continue to spend as if we We do this on a fast track. We do it sent up two proposals to accomplish are in a recession. Rather, we should without amendments. We require an that, both of which were fairly reason- draw back on the spending we put into up-or-down vote and require super- able. The first one was, the people who the system. We should start to take majorities so everybody is protected, take part in the Part D drug program some of that spending back. All of the everybody knows it is fair. It gets to should have to pay a percentage of spending programs that came in the the underlying issue which is how to their premium for that program if they stimulus should have been sunsetted so control the rate of growth of spending. are rich, if they are well off. In other these programs end after the recession I recognize I have been sort of a Sisy- words, people working in a restaurant is over, 11⁄2 years from now, or maybe 1 phus, pushing a rock up a hill in this in Epping, NH, today are fully sub- year from now. position, and I have not gotten to the sidizing the Part D premium of, for ex- But that is not the plan. The plan is top of the hill yet. But I am not alone ample, Warren Buffett. That makes no to build all of this spending into the on this concern. The chairmen of the sense, does it? So if you have a fair baseline and have this spending go on Budget Committee in both the House amount of income, you should pay a for as far as the eye can see, and that and Senate have both said that these larger—some percentage at least of is why the President’s budget expects outyear debt patterns of their budgets your Part D premium. President Bush to have a $1 trillion deficit as far as the are unsustainable. Those were not my suggested that. eye can see, or at least as far as the words. Another approach, he said, was there budget window—10 years. The Director of OMB, the President’s are a lot of savings occurring in the Then after retrenching on the spend- Office of Management and Budget, has health care industry today based most- ing that is being proposed just in the said these outyear numbers are ly on technology advances. We would short term, saying: Let’s stop this unsustainable. The Secretary of Treas- like to share the rewards of those sav- spending when we get out of the reces- ury has said these outyear numbers are ings with the people who are getting sion, let’s start curtailing this spend- unsustainable. We cannot have a debt- them. Today, 100 percent of the savings ing, let’s go back to the former spend- to-GDP ratio of 85 percent. We can’t goes to the health care industry. Presi- ing patterns of the Government—which have deficits of 4 to 5 percent annually. dent Bush suggested that we take half were not very good to begin with but at We cannot do it and have a sustainable of those savings and put them back least a lot better than what is being Government. We end up turning into a into the Medicare trust fund. Those are proposed now. Let’s put someplace banana republic if we continue on this very reasonable proposals, both of some strict fiscal discipline. Let’s path where we basically self-implode those. They were both rejected by the freeze discretionary spending for 1 or 2 through inflation or excessive taxing. Democratic Congress, a Congress con- years after we move past this reces- The international community is trolled by the Democrats. Both were sion—in other words, in the year 2010, starting to comment on this. The head rejected by the Democratic Congress. 2012, 2013. of the Chinese Federal Reserve—a dif- Now it is President Obama’s turn to Let’s also, at the same time, look at ferent title but the same position—has send us some ideas for how we keep the these entitlement accounts and see raised his concerns about it, as has the cost to the general fund of the trust how we can put them on a more sus- premier of China. After all, they are fund of Medicare below 45 percent. But tainable path. That means making our biggest lender. what has happened? Total silence. some courageous decisions around If the person who lent you the money Total silence. Nothing has been sent. here. We proposed—myself and Senator for your credit card comes to you and No proposal has been sent. No endorse- CONRAD—a way to accomplish that be- says: I am a little concerned about the ment of any proposal has been sent.

VerDate Nov 24 2008 01:14 May 14, 2009 Jkt 079060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G13MY6.020 S13MYPT1 jbell on PROD1PC69 with SENATE May 13, 2009 CONGRESSIONAL RECORD — SENATE S5415 Interestingly enough, and to his cred- The bill clerk proceeded to call the amendment to cap credit card interest it, President Obama suggests in his roll. rates at 15 percent. Yes, that is exactly budget the same proposal on Part D Mr. HARKIN. I ask unanimous con- what I am saying. No credit card could that President Bush proposed, which sent that the order for the quorum call charge more than 15 percent interest was that wealthy people should pay be rescinded. rates. Why did we pick 15 percent as an some percentage of the cost of their The PRESIDING OFFICER. Without appropriate top rate? Thanks to a law premium. So one might think they objection, it is so ordered. passed by this Congress 30 years ago— would send that proposal as a free- Mr. HARKIN. Madam President, I I was here at the time—we put a cap of standing initiative, at least that one, fully support the bill offered by the dis- 15 percent on the maximum interest as a way to address some of the costs tinguished chairman of the Banking charges a credit union could charge which are being generated and being Committee, Senator DODD. It would their customers. That was 30 years ago. borne by the general fund. But we have create a long overdue reform of the We left a safety valve for special cir- not heard that. credit card industry whose practices cumstances. This rate cap of 15 percent It is ironic, of course, that President have been increasingly predatory and has protected millions of consumers at Obama has that proposal in his budget abusive. I have heard from many hun- credit unions. I belong to a credit and is not willing to send it. It may be dreds of Iowans who have been victim- union right here in the Senate. I have that because Congress, under the ized by credit card companies. These always belonged to a credit union. I be- Democratic leadership, rejected this are good people who, in the current longed to one in the House when I was idea 2 years ago, that they believe it economic downturn, have had no there, and before that, in the Navy, I will be rejected again. But let’s at least choice but to resort to their credit belonged to the Navy Federal Credit take a run at it because it is a good cards in order to put food on the table Union. These credit unions have per- idea, and it is very appropriate. It or to make a car payment or even help formed a viable, good service for mil- should be done along with some other pay for college tuition. As a result, lions of Americans without harming ideas because we have this responsi- they have found themselves on the re- the safety or soundness of the institu- bility, under our own rules. ceiving end of a whole array of unfair tions and without negatively impact- There are rules. We set them up. We and often outright abusive practices; ing access to credit for credit union said if the general fund is going to be things such as double billing, unwanted members. I have been a member of a invaded by more than 45 percent we fees, and arbitrary interest rate in- credit union all my adult life. I have have to come up with some way to cor- creases. I applaud the Dodd-Shelby leg- never once seen them constrict the rect that. So we ought to at least live islation for cracking down on some of amount of credit involved to bor- by that. There are some ideas as to these abuses. I think the legislation is rowers. If you need a car, you have where we should go from here, rather a good first step. been able to get consumer loans from than allowing this debt to become so However, this bill still allows credit credit unions. excessive that, for example, it got so card companies to charge excessive I would also point out, not one single high that we become so irresponsible as and, for millions of Americans, ruinous credit union—not one—had to line up a nation in the area of debt that we interest rates. Currently one-third of with the big banks begging for a bail- couldn’t even get in the European all credit cardholders in the United out. Not one credit union. Yet they are Union. That is an irony, isn’t it? States are being forced to pay interest capped at 15-percent interest rates. In- When this debt gets up over 60 per- rates above 20 percent, sometimes as teresting, isn’t it? cent of GDP, which it may well, prob- high as 41 percent. These interest rates Credit unions have remained strong ably in the next 2 years, at that point are grossly excessive. It is time to set and stable despite the meltdown in the United States would no longer a reasonable limit on what credit card much of our financial system. qualify for entry into the European companies can charge. Chris Coliver, a regulatory analyst Union. In times past, an interest rate of 20 for the California Credit Union League, Because those industrialized States percent, 30 percent, or 40 percent would was recently asked about the effect of said: That level of debt is irresponsible. have been condemned by religious lead- the interest rate cap on his institu- A government that has that level of ers of all faiths as being the sin of tions—the 15-percent cap. He answered: debt is so irresponsible that we do not usury. People daring to charge these It hasn’t been an issue. Credit unions are want you in the European Union. interest rates would have been pros- still able to thrive. In other words, Latvia or Lithuania ecuted for loan sharking. But today the Of course, there may be some special could get into the European Union, but credit card industry tells us that circumstances under which an interest the United States could not. Not that charging people these grossly excessive rate above 15 percent is temporarily we are going to apply. But that is a interest rates is both fair and nec- necessary. Currently, credit unions are pretty good place to look for a stand- essary. I totally disagree. It is not fair, allowed to charge higher interest rates ard, is it not? They are industrialized and it is not necessary. What is more, if their regulator—which is the Na- nations. many Iowans have pointed out to me tional Credit Union Administration— So we need to take some action. We the very financial institutions that are determines this is necessary to main- need to listen closely and read closely victimizing and squeezing ordinary tain the safety and soundness of the in- the trustee’s report, because it is tell- hard-working Americans have already stitutions. At the present time, the ing us we are in deep trouble. received billions of dollars from the NCUA, the National Credit Union Ad- I yield the floor. taxpayers. Now these institutions are ministration, allows credit unions to f lending money that came from tax- charge interest rates as high as—get RECESS payers to people at interest rates as this—as high as 18 percent, though The PRESIDING OFFICER. Under high as 41 percent. Someone tell me, most credit unions continue to have a the previous order, the Senate will what is the logic of that? No wonder top rate that is actually much lower stand in recess until 1:30 p.m. people are upset all over this country. than that, and some of them lower Thereupon, the Senate, at 12:30 p.m., We take their hard-earned tax dollars, than 15 percent, some as low as 12 per- recessed until 1:31 p.m. and reassem- give it to the big institutions. They cent, 11 percent. Well, our amendment bled when called to order by the Pre- have a credit card and in hard times includes a similar, reasonable excep- siding Officer (Mrs. HAGAN.) they have to use that credit card for tion. It would allow credit card compa- some necessities. Now they are being f nies to charge interest rates higher charged 20, 25, 30 percent interest. It is than 15 percent in circumstances where CREDIT CARDHOLDERS’ BILL OF a sweet deal for the financial institu- Federal regulators determine that RIGHTS ACT OF 2009—Continued tion. It is nothing more than an old- higher rates are necessary to protect Mr. BAYH. I suggest the absence of a fashioned rip-off of consumers. the safety and soundness of financial quorum. For these reasons, I have joined with institutions. The PRESIDING OFFICER. The Senators SANDERS, WHITEHOUSE, It seems as if this is deja vu all over clerk will call the roll. LEAHY, DURBIN, and LEVIN to offer an again for me. I have been advocating

VerDate Nov 24 2008 01:14 May 14, 2009 Jkt 079060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\G13MY6.021 S13MYPT1 jbell on PROD1PC69 with SENATE S5416 CONGRESSIONAL RECORD — SENATE May 13, 2009 for a 15-percent cap since I was an at- We all get this mail. We all get this like my constituent, who are respon- torney for the Iowa Consumer League junk mail and all that stuff from credit sible and who pay their bills on time in 1973, fresh out of law school. I was a card companies. I just throw them and who have credit cards which they lawyer for the Iowa Consumer League, away. Well, maybe there is some notice do pay on time and never get behind, and we were trying to get the Iowa in there that, oh, if it is not a bill, are penalized because credit card com- Legislature at that time to put a cap of maybe they have sent you a notice panies are so lax and so loose with 15 percent on credit cards. So this issue that maybe you have to do something. whom they give these credit cards to. has been around for a long time. As a Who reads all that junk mail? Nine So we all pay for it. Well, the credit legal aid lawyer at that time, I saw times out of ten, it is some kind of pro- card companies ought to be a little bit firsthand the devastation and hardship motion they are promoting: You can more circumspect about whom they caused to Iowa families by excessive get a free airline pass or you can get a give their credit cards to. Again, they interest rates charged by credit card cut rate on going to Cancun or some- should take a lesson from the credit companies and others. Again, many of thing like that. You get all that junk. unions. these Iowans turned to their credit Then they slip in there another little So, Madam President, as I said, I sup- cards in a time of crisis—a medical letter that says: Oh, by the way, if you port the underlying bill. But we must emergency, for example—but because do not cancel your previous agreement, seize this opportunity to address the of the prohibitive interest rates, they we are going to do this, this, and this. single most widespread and destructive found themselves falling further and Good luck in finding that out. abuse in this industry; that is, grossly further behind in their payments. This constituent who wrote me would excessively high interest rates. That is Some were forced into bankruptcy. clearly benefit from the provisions in why I support this amendment. I urge Well, it is no different today. As I the Dodd-Shelby bill that would pro- my colleagues to vote for the Sanders- said, I have received many hundreds of hibit retroactive rate increases on ex- Harkin-Leahy-Whitehouse-Durbin- letters and e-mails from Iowans who isting balances in accounts with no Levin amendment on this bill. have been victimized by credit card late payments. But the larger issue re- With that, Madam President, I yield companies’ abusive practices. For ex- mains: Why should any bank be al- the floor. ample, Madam President, let me share lowed to charge an interest rate of 24 I suggest the absence of a quorum. an all-too-common story from one of percent under any circumstances— The PRESIDING OFFICER. The my Iowa constituents, and I will read under any circumstances? Why should clerk will call the roll. it verbatim as she wrote it: banks be allowed to charge other cus- The bill clerk proceeded to call the tomers interest rates as high as 41 per- roll. I am a single mom with a pretty good job, Mr. ISAKSON. Mr. President, I ask [for] which I am very thankful. I have 3 cred- cent—41 percent? it cards. Recently, I received notices from 2 As I said, I support the underlying unanimous consent that the order for of them that they were raising my interest bill, but the bill will continue to let the quorum call be rescinded. rate due to the ‘‘economic conditions.’’ I them charge those kinds of interest The PRESIDING OFFICER (Mr. don’t mean a little, I mean a LOT. rates. The bill does clean up some of UDALL of New Mexico). Without objec- She capitalized ‘‘LOT.’’ the other stuff, and that is why I am tion, it is so ordered. Capital One— supporting it. But this does not get AMENDMENT NO. 1084 Mr. ISAKSON. Mr. President, I ask We all know who Capital One is, and really to the nub of the problem; that unanimous consent that amendment their credit cards— is, we are allowing usurious interest rates to be charged for credit cards. We No. 1084, the Gillibrand amendment, be Capital One sent me a notice that they were made pending. raising my rate from 13.9 percent to 23.99 know why they are charging these in- The PRESIDING OFFICER. That percent. I had the option of cancelling my terest rates. They can get by with it. It card and paying off the existing balance at is legal. Well, the credit unions can amendment is pending. my current rate of 13.9 percent, which I did. survive and provide credit and issue AMENDMENT NO. 1104 TO AMENDMENT NO. 1084 The other one is Washington Mutual. They credit cards to their holders and sur- Mr. ISAKSON. Mr. President, I call were recently purchased by JP Morgan vive on 15 percent. Are you telling me up the second-degree amendment I Chase. I received a notice from them a cou- these big companies cannot? Of course have at the desk. ple of weeks ago that my rate was going The PRESIDING OFFICER. The they can. But guess what. They prob- from— clerk will report. ably would not be able to pay their ex- Get this— The bill clerk read as follows: ecutives $50 million a year in salaries 10.4 percent to 23.99 percent. The Senator from Georgia [Mr. ISAKSON] and bonuses or—$50 million; I am being Now, you wonder: Here is JPMorgan proposes an amendment numbered 1104 to a piker—try $200 million or $300 million amendment No. 1084. Chase, operating through Washington a year. That is what they are paid. So Mutual, increasing their interest rate Mr. ISAKSON. Mr. President, I ask to keep up this lavish lifestyle for their unanimous consent that the reading of to 23.99 percent. Capital One increasing executives, for their corporate offices, their interest rate to 23.99 percent. the amendment be dispensed with. they charge 20, 30, 40 percent. The PRESIDING OFFICER. Without Why weren’t they off just 1 percent? Well, as I said, take a lesson from the Why are they both exactly the same? objection, it is so ordered. credit unions. Take a lesson. That is The amendment is as follows: Well, it looks as if they are all ganging what we have to put a limit on. That is up to charge the same high interest (Purpose: To require the Comptroller Gen- why I cannot emphasize enough that eral to conduct a study on the relationship rate. unless and until we cap interest rates, between fluency in the English language Anyway, let me continue to read we are still going to have these prob- and financial literacy) from her letter. The rate was going lems because people will get credit Beginning on page 1, line 2, strike all from 10.4 percent to 23.99 percent. cards, they will get into dire straits. through page 2, line 9, and insert the fol- I have never missed a payment or been late This is their only way of paying a bill— lowing: on either one of these. Tonight I called JP to use their credit card—and something SEC. 503. GAO STUDY AND REPORT ON FLUENCY Morgan Chase and they told me I missed the else happens, and all of a sudden they IN THE ENGLISH LANGUAGE AND FI- deadline to say I wanted to decline the NANCIAL LITERACY. changes in my cardholder agreement. I said are racked up with these high interest (a) STUDY.—The Comptroller General of I wanted to close my account and pay off the rates. the United States shall conduct a study ex- existing balance at the 10.4 percent. They re- The other thing credit card compa- amining— fused! . . . I could see it if I had missed any nies are doing is they are charging (1) the relationship between fluency in the payments or even paid a day late, but I have these high interest rates in order to be English language and financial literacy; and NOT. This is just WRONG. able to give credit cards to just about (2) the extent, if any, to which individuals End of her letter. anyone. People get credit cards sent to whose native language is a language other Imagine that. She actually had the them without any kind of credit than English are impeded in their conduct of their financial affairs. wherewithal to pay it off at 10.4 per- checks, whether they are really credit- (b) REPORT.—Not later than 1 year after cent, and JPMorgan said: No. You worthy. They get all these kinds of the date of enactment of this Act, the Comp- missed the deadline. credit cards out there. People who are troller General of the United States shall

VerDate Nov 24 2008 02:21 May 14, 2009 Jkt 079060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G13MY6.024 S13MYPT1 jbell on PROD1PC69 with SENATE May 13, 2009 CONGRESSIONAL RECORD — SENATE S5417 submit a report to the Committee on Bank- the debate will matter. We are debat- Soon the credit company started add- ing, Housing, and Urban Affairs of the Sen- ing one such issue today, when it ing late fees and compounding her in- ate and the Committee on Financial Services comes to the important need, the crit- terest. Over the course of 2 years, her of the House of Representatives that con- ical need to rein in the abusive prac- balance tripled from $8,000 to $24,000, tains a detailed summary of the findings and conclusions of the study required under sub- tices of credit card companies that are without making a single purchase. She section (a). harming thousands of middle-class had bought nothing. She had done families across my State and millions Mr. ISAKSON. Mr. President, briefly, nothing wrong. And she is getting of middle-class families across Amer- I have high regard for Senator gouged like this. This is the kind of ica. thing that has to stop. GILLIBRAND and the intent of the Just this last weekend I received I heard from another constituent amendment. I also understand the more than 500 letters and e-mails from practical application of what could from Middlebury, IN, another basic my constituents, middle-class people middle-class middle American, who re- happen. I know in my home State of across Indiana who are outraged be- Georgia, in one school system in ceived an offer from her credit card cause they rightly believe they have company to consolidate her balance on Gwinnett County, there are 178 dif- been abused by the predatory practices ferent languages spoken. The applica- all of her credit cards at 4 percent. of credit card companies. These are de- Well, that sounded like a pretty good tion of this amendment would cause, cent hard-working people who ask rate, so she accepted the offer. She for example, in Gwinnett County, 178 nothing more than for a fair shake in never missed a payment. She had paid different credit reports in 178 different life and, too often, they are not getting off half her debt, when suddenly they languages to meet the intent of the it because of the these abusive prac- raised the monthly minimum payment law. tices. by 60 percent. So she is paying on time, I respect and understand the dif- I wish to take the opportunity to ficulty that fluency can make in some- she is paying down her debt, and her share with you a couple of these sto- monthly minimum rate goes up by 60 one’s ability to read and do their finan- ries. Many of them are heartfelt. I will cial affairs. However, before we were to percent without cause or any notice. give an example. This one is from a sin- She called customer service to com- require of all the credit reporting agen- gle mother. She writes me: plain. They said they would lower her cies that they publish all credit reports Dear Senator BAYH, I am a single mother monthly minimum payment if she and make them available in every lan- of a teenage boy, and I work 50 hours per would agree to have her interest rate guage that could be spoken in the week— doubled. This woman from Middlebury United States, we should conduct a She is not some deadbeat, she is a is a mother. She is trying to keep her study through GAO to ensure that we hard-working, middle American— head above water, and her credit card understand the relationship between at a job I’ve had for 14 years. My ex-husband company is making life more difficult fluency and financial affairs on the quit his job out of the blue a couple of years with practices like that. part of an individual and we under- ago and did not pay any child support for Those are the kinds of things we have stand exactly what the consequences of over a year. to stop. And those are the kinds of this amendment would be. This gives Unfortunately, I had to turn to using my things I hope we will stop yet this us 1 year to study and make a final de- credit cards for things like groceries, gas and other bills just to keep up. If you are even 1 week here in the Senate. cision based on facts rather than forc- or 2 days late in paying your bill, these cred- Here is what she wrote: ing an automatic imposition of credit it card companies increase your percentage I don’t know that our government can do a reports being published in a variety of rate to astronomically high amounts. Be- thing about this, but I just wanted to be different languages, which could be cause I was struggling and a few days—not heard. well in excess of 100. months, just a few days—late on some of my Well, here is the place where her I, respectfully, appreciate the consid- credit card payments, the percentage rates voice can be heard. Here is the place eration of the Senate. on my credit cards are now between 28 and 32 where thousands of middle-class fami- I yield back the remainder of my percent. I will never pay off these bills with lies like hers can come for some relief. time and suggest the absence of a interest rates like this! So many people out there, including my- Here is the place where over 500 people quorum. self, are at the mercy of these unscrupulous who wrote about the abuses to which The PRESIDING OFFICER. The credit card companies that can do whatever clerk will call the roll. they have been subjected can come for they please. There needs to be laws regu- some relief. The bill clerk proceeded to call the lating how much these companies can roll. charge. Americans are mired in credit cards This recession has caused millions of Mrs. LINCOLN. Mr. President, I ask debt that will never be paid off, no matter middle-class families to resort to using unanimous consent that the order for how hard they work and no matter how hard their credit cards a little bit more, not the quorum call be rescinded. they try if the current practices do not because they wanted to but because The PRESIDING OFFICER. Without change. they had to try to make ends meet. My economic situation will be so much They are working hard, trying to get objection, it is so ordered. better if it were not for my credit card bills. Mrs. LINCOLN. Mr. President, I ask out from under this situation, and it I owe probably $15,000 now on all of my credit does not make life any easier when unanimous consent to speak as in card bills combined, but it will take me a morning business. lifetime to pay those off because of the prac- they are running uphill because of The PRESIDING OFFICER. Without tices to which I have been subjected. Please these abusive practices. objection, it is so ordered. fight for hard working people everywhere You know, bills are sent out so late. (The remarks of Mrs. LINCOLN per- who just want a chance to get out from They arrive in our mailbox and you taining to the introduction of S. 1030 under their debt and better their financial have got 24 or 48 hours to pay the thing are printed in today’s RECORD under circumstances. off or you are subjected to a late fee. ‘‘Statements on Introduced Bills and I also heard from a woman in Carmel, That is not right. Then they start Joint Resolutions.’’) IN, just north of Indianapolis, a few charging interest on the late fee. Inter- Mr. BAYH. Mr. President, I ask unan- weeks ago. She had an $8,000 balance on est rates can literally, because of the imous consent the order for the a closed—a closed credit card account. fine print in these bills—you know, quorum call be rescinded. She was not buying anything. She had back in the day, you applied for a cred- The PRESIDING OFFICER. Without always paid her bill on time. And out it card, it was about a one-page thing. objection, it is so ordered. of the blue one day—she had done noth- Now it is 20 or 30 pages of fine print. Mr. BAYH. Mr. President, as you ing wrong—her credit card company And buried in there in the fine print may have observed in our time to- doubled her minimum payment. She is are the provisions where companies can gether in the Senate, I do not come to a woman of modest means and she raise your interest rates any amount, the floor of the Senate to speak very could not make the higher payment. anytime, for any reason, or for no rea- often. I try to reserve my comments She called the bank and they would not son whatsoever. Those are the kinds of for matters of particular importance work with her, even though she had things that need to be stopped. and urgency, matters where I think we never missed a payment or been late, Then, finally, when you are making can make a real difference and where not once. your payments, they take the payment

VerDate Nov 24 2008 01:14 May 14, 2009 Jkt 079060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\A13MY6.004 S13MYPT1 jbell on PROD1PC69 with SENATE S5418 CONGRESSIONAL RECORD — SENATE May 13, 2009 you make, and rather than applying it and cry from the other side of the aisle, Iraq—as judged by their effectiveness in re- to the most expensive part of your debt a steady procession of Republican Sen- cruiting insurgent fighters into combat—are with the highest interest rate, they ators, concerning the President’s in- respectively the symbols of Abu Ghraib and Guantanamo. apply it to the lowest interest rate. tention to close the detention facility Why? Because it is more profitable for at Guantanamo Bay. I would like to re- This was not some leftwing col- them, even though it would be better mind colleagues this is a problem umnist. This is the former Navy gen- to do it the other way around for you. President Obama inherited from the eral counsel, Alberto Mora. Retired Air Force MAJ Matthew Al- Those are the kinds of things we have previous administration, and it is exander led the interrogation team to correct. worth a few moments to review the his- You know me pretty well, Mr. Presi- that tracked down Abu Mus’ab al- tory. Zarqawi, the leader of al-Qaida in Iraq. dent. I am a free enterprise person. I After the September 11 terrorist at- believe in the right of companies to He used legal and traditional interro- tacks on the United States, the Bush gation tactics which he believes are make a profit, and credit card compa- administration decided to set aside nies are no exception. But they ought more effective than torture. Here is treaties that had served us in past con- what Major Alexander said: to make it the legitimate, old-fash- flicts. They sent detainees to the Guan- ioned way, not on the backs of con- I listened time and time again to foreign tanamo facility and claimed the right fighters, and Sunni Iraqis, state that the sumers through abusive practices. That to seize anyone, including American is what we are talking about here. number one reason they decided to pick up citizens in the United States, and to arms and join Al Qaeda was the abuses at This also goes to something else I am hold them indefinitely without legal Abu Ghraib and the authorized torture and concerned about, and that is the deep- abuse at Guantanamo Bay. . . . It’s no exag- ening skepticism and cynicism about rights. GEN Colin Powell, then the Sec- geration to say that at least half of our government in general, and about losses and casualties in that country have Washington, DC, in particular. They retary of State to President George W. come at the hands of foreigners who joined think we are all under the thumb of a Bush, objected. He said the administra- the fray because of our program of detainee bunch of special interests. Everybody tion’s policy: abuse. sold out and nobody cares about the Will reverse over a century of U.S. policy Let me remind those listening again, average person or the middle-class and practice . . . and undermine the protec- the source of this quote is not some lib- family anymore. This gives us an op- tions of the law of war for our own troops eral-leaning columnist, angry at poli- . . . It will undermine public support among portunity to show, to demonstrate that cies of the United States. It is MAJ critical allies, making military cooperation Matthew Alexander from the Air that is not true, to stand up for mil- more difficult to sustain. lions of ordinary people, to do what is Force, a man who dedicated a large GEN Colin Powell, former Chairman right, to say that the free market part of his life to serving our country of the Joint Chiefs of Staff, then Sec- should be allowed to operate, but you and risking his life in its defense. retary of State to George W. Bush. Sec- should not scam people, you should not I visited Guantanamo in 2006. I left bury fees in fine print, you should not retary Powell’s words were prophetic. with a feeling of pride and admiration do a bait and switch. Guantanamo became an international for the soldiers and sailors serving That is not the way you make a de- embarrassment for the United States there. They are great Americans doing cent profit. That is something that and, sadly, tragically, a recruiting tool a tough job in a very bleak climate. ought to be against the rules. That is for terrorists such as al-Qaida. The Su- But they are being asked to carry a what this legislation would provide for. preme Court repeatedly held that the heavy burden created by the previous For the sake of middle-class families administration’s detention policies administration’s policies, which have across States such as Indiana and New were illegal. As Justice Sandra Day turned Guantanamo, sadly, into a re- Mexico and elsewhere across America, O’Connor famously wrote for the ma- cruiting poster for al-Qaida. for the sake of folks who are working jority in the Hamdi difficult decision: By 2006, even former President hard trying to get out from under the A state of war is not a blank check for the George W. Bush said he wanted to close consequences of this recession, for the President. Guantanamo Bay. He acknowledged sake of trying to restore some faith Today, nearly 8 years after the 9/11 the problem. He didn’t do anything to and trust in our system of self-govern- attacks, none of the terrorists who solve it. ment, it is important that we pass this planned those attacks has been As an aside, it is interesting to note that there were no complaints from the credit card bill, to restrain these abu- brought to justice. sive practices, to stand up for middle- After he left the Bush administra- Republican side of the aisle when President Bush said he wanted to close class families, to do right by our citi- tion, Colin Powell spoke out publicly Guantanamo. The Republican leader of zens, and to let people know that when again. He said: their voices are heard, we will answer. the Senate did not come down to the Guantanamo has become a major, major floor to object when his President That is why I have risen today on problem . . . in the way the world perceives this bill. I urge my colleagues to join America. . . . We don’t need it and it is caus- made the suggestion. He started mak- with us in acting. I hope we will have ing us far more damage than any good we get ing a regular trip to the floor to object an opportunity to do that before the for it. when the suggestion was made by week is out. That is not a quote from the ACLU. President Obama. President Obama has shown courage I thank you for your leadership, as That came from GEN Colin Powell, in taking on this difficult challenge. well as my colleagues. former chairman of the Joint Chiefs of Seeing none of our colleagues Within 48 hours of his inauguration, Staff and former Secretary of State. A present, I suggest the absence of a President Obama issued executive or- lot of others agree. Four other former quorum. ders prohibiting torture, stating that Secretaries of State, Republican and The PRESIDING OFFICER (Mr. Guantanamo will be closed within 1 Democratic, have weighed in: Henry MERKLEY.) The clerk will call the roll. year and setting up a review process Kissinger, Madeleine Albright, James The assistant bill clerk proceeded to for all detainees who are currently held call the roll. Baker, and Warren Christopher have at Guantanamo. Mr. DURBIN. I ask unanimous con- all called for Guantanamo to be closed. Here is what President Obama said: sent that the order for the quorum call As Secretary Baker explained: The United States intends to prosecute the be rescinded. We all agreed one of the best things that ongoing struggle against violence and ter- The PRESIDING OFFICER. Without could happen would be to close Guantanamo, rorism and we are going to do so vigilantly, objection, it is so ordered. which is a very serious blot on our reputa- we are going to do so effectively, and we are Mr. DURBIN. I ask unanimous con- tion. going to do so in a manner that is consistent sent to speak as in morning business. Former Navy general counsel Alberto with our values and our ideals. The PRESIDING OFFICER. Without Mora testified in the Senate Armed At the signing of the Executive or- objection, it is so ordered. Services Committee, saying: ders, the President was joined by 16 re- GUANTANAMO There are serving U.S. flag-rank officers tired admirals and generals. These dis- Mr. DURBIN. Mr. President, for the who maintain that the first and second iden- tinguished Americans issued a state- last several weeks there has been a hue tifiable causes of U.S. combat deaths in ment saying:

VerDate Nov 24 2008 01:14 May 14, 2009 Jkt 079060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\G13MY6.028 S13MYPT1 jbell on PROD1PC69 with SENATE May 13, 2009 CONGRESSIONAL RECORD — SENATE S5419 President Obama’s actions today will re- What is the explanation? According If we can safely hold these individ- store the moral authority and strengthen the to a recent story in Politico: uals, I believe we can safely hold any national security of the United States. . . . Congressional Republicans have stoked pa- Guantanamo detainees who need to be President Obama has rejected the false rochial fears of releasing Guantanamo de- choice between national security and our held. I should note no prisoner has ever tainees to the U.S. mainland, and GOP aides escaped from a Federal supermaximum ideals. Our Nation will be stronger and safer privately acknowledge that this issue is one for it. security facility in the United States. of the few on which they believe they have a Republicans also claim the adminis- In response to the Executive orders, real edge on the Obama administration. Republican Senators JOHN MCCAIN and tration wants to release terrorists into Somehow arguing on the floor of the our communities. What an incredible LINDSEY GRAHAM said: Senate that President Barack Obama We support President Obama’s decision to charge, and patently false. President cannot wait to close Guantanamo and Obama has made clear that Guanta- close the prison at Guantanamo, reaffirm turn terrorists loose in the United America’s adherence to the Geneva Conven- namo will be closed in a manner con- tions, and begin a process that will, we hope, States—incredible. sistent with our national security. lead to the resolution of all cases of Guanta- The Hill newspaper reported: Even the Bush administration ac- namo detainees. As polls show most Americans approve of knowledged that there are people being Keep in mind, I have just read a the job Obama is doing on issues like the economy, the wars in Iraq and Afghanistan held at Guantanamo who were wrongly quote from Senator JOHN MCCAIN, a and others, Republicans are desperate to find detained and who are not terrorists. man who, of course, was President an issue on which they can come out ahead. Let me give you one example. Obama’s opponent in the last election, In other words, the Republicans are There is an attorney in Chicago who but a man who had a personal life expe- trying to turn Guantanamo into a po- is a friend of mine who volunteered to rience of over 5 years of captivity dur- litical issue. Richard Clarke was Presi- represent one of the detainees at Guan- ing the Vietnam war, and a colleague dent George W. Bush’s first counterter- tanamo. At his own expense, he flies of mine who has shown extraordinary rorism chief. Listen to what he said down to Guantanamo and meets with courage and political courage and lead- last week: this man periodically. He tells me that ership in leading the effort to say, once Recent Republican attacks on Guanta- the man is now 26 years old. He is and for all, that we were going to pro- namo are more desperate attempts from a originally from Gaza. He has been held hibit torture as part of America’s pol- demoralized party to politicize national se- now for 7 years—7 years—because at icy. curity and the safety of the American peo- the time we were offering rewards to It was Senator MCCAIN, along with ple. people in various parts of the world his colleague Senator GRAHAM, who Let’s examine two of the specific who would turn in suspects. So the said these supportive things after claims from the other side of the aisle. money was offered. This man was President Obama’s announcement. It They argue that transferring Guanta- turned in, eventually sent to Guanta- was a strong bipartisan statement, a namo detainees to U.S. prisons will put namo. strong day for our country. Americans at risk. The attorney tells me he was sent to But now things have changed, and I Well, earlier today my colleague Guantanamo at the age of 19. He is now do not know why. The Republicans are SHELDON WHITEHOUSE—I serve on the 26. Fifteen months ago, our Govern- on the attack. They claim that the Judiciary Committee with him—had a ment sent a message to this attorney President does not have a plan to close very interesting hearing, which I am saying: We have reviewed this case in Guantanamo, and yet at the same time sure will be noted by many people detail—after 6 years—reviewed this they are arguing that the President when they follow the news, where he case in detail. We have no charges does have a plan, which is to release talked about the detention and interro- against this man being held in deten- terrorists into the United States. gation policies and brought some crit- tion. Imagine that. These claims are not ical witnesses to testify who had dis- This man is being held in Guanta- only contradictory, they are prepos- sented from President Bush’s policies namo, which is a very bleak setting if terous. during the course of his administra- you have been there, and he has now The truth is, the President is taking tion. been held an additional 15 months with the time to carefully plan for the clo- During his hearing in the Judiciary no pending charges. Our Government sure of Guantanamo, and he is going to Committee today, one of the witnesses did not believe he is a dangerous indi- do it in a way that is consistent with was Phillip Zelikow. Phillip Zelikow vidual. What they were trying to do is America’s security. was the Executive Director of the 9/11 to find a place where he can go and, for Here is how the Director of National Commission, which has received high 15 months, he has been sitting in deten- Intelligence Dennis Blair explained it: marks from virtually everyone for the tion in Guantanamo. [Guantanamo] is a rallying cry for ter- professional job they did under the Is that consistent with justice in rorist recruitment and harmful to our na- leadership of Governor Kean of New America? Is that the kind of image we tional security, so closing it is important for Jersey and former Congressman Ham- want? Of course we want to be safe. But our national security. The guiding principles the rule of law suggests that if the man for closing the center should be protecting ilton of Indiana. Mr. Zelikow also our national security, respecting the Geneva served as counselor to Secretary of has done nothing wrong, he should not Conventions and the rule of law, and respect- State Condoleezza Rice. He comes to be punished for it and continue to be in ing the existing institutions of justice in this this issue with ample experience. this secure setting in Guantanamo, country. Closing this center and satisfying Mr. Zelikow was intimately involved separated from his family now for 7 these principles will take time, and is the with these issues during the Bush ad- years, with no charges brought against work of many departments and agencies. ministration, and he strongly supports him. In recent weeks, Republicans have closing Guantanamo. He told me in the Even the Bush administration, which regularly come to the floor of the Sen- hearing it will be safe to transfer started this Guantanamo detention, re- ate and the House to make dozens of Guantanamo detainees to U.S. prisons alized after some time that literally statements criticizing President and facilities, and some of the most hundreds of people who were detained Obama on Guantanamo. The distin- dangerous terrorists are already incar- there were not in any way, shape, or guished minority leader, Senator cerated in the United States. form a threat to the United States and MCCONNELL of Kentucky, alone, has Here are a few examples: Ramzi they were released—many of them spoken on this issue on 9 separate occa- Yousef, the mastermind of the 1993 back to their home countries. sions over the last 11 days the Senate World Trade Center bombings—he is Back in 2002, Defense Secretary Don- has been in session. It is interesting being safely and securely held in an ald Rumsfeld described the detainees that the Republicans are spending so American detention facility; 9/11 con- at Guantanamo as ‘‘the hardest of the much time focused on the fate of Guan- spirator Zacarias Moussaoui; Richard hard core’’ and ‘‘among the most dan- tanamo while President Obama and Reid, the so-called shoe bomber; and gerous, best trained, vicious killers on others in Congress are focused on get- numerous al-Qaida terrorists respon- the face of the Earth.’’ Those are the ting our economy back on track after 8 sible for bombing United States Em- words of Secretary Rumsfeld. However, years of failed economic policies. bassies in Kenya and Tanzania. since that statement by Secretary

VerDate Nov 24 2008 01:14 May 14, 2009 Jkt 079060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\G13MY6.030 S13MYPT1 jbell on PROD1PC69 with SENATE S5420 CONGRESSIONAL RECORD — SENATE May 13, 2009 Rumsfeld, two out of three of the de- waive the relevant point of order, with pense of clear judgment. Decisions such tainees in Guantanamo have been re- the Senate then voting to waive the as Brown v. the Board of Education dis- leased. They have also cleared dozens point of order; that upon disposition of play compassion, not activism. Roe v. of additional detainees for release but the Sanders amendment, the Senate re- Wade stood on principle, not on ide- cannot return them to their home sume the Gregg amendment and there ology. Some call it activism; I call it countries, much like the one I de- be 2 minutes of debate prior to a vote courage. Our judicial history is full of scribed, because of the risk they may in relation to the amendment; that these independent decisions, and we be tortured if they return. upon disposition of the Gregg amend- should demand such strength and in- We need our allies to accept some of ment, there be 2 minutes of debate tegrity from every jurist we place on these detainees, but they have made it prior to the vote in relation to the the bench. After all, without any kind clear they will not do so unless the Vitter amendment No. 1066—I am won- of courage, the Supreme Court itself United States admits a small number dering if there is any, if Senator would hardly exist as we know it. of detainees who do not present any VITTER requests any time to speak on Marbury v. Madison was a landmark threat to our country. this; we will make sure Senator VITTER ruling that forever altered the role of As Senator SESSIONS, the ranking Re- has 5 minutes if he wants to speak on the Court. It established judicial re- publican on the Judiciary Committee, the amendment—that no intervening view and laid the groundwork for al- has pointed out, it is illegal under U.S. amendments be in order during the most every decision in the last two law to resettle terrorists in the United pendency of this agreement; and that centuries. States—one of the charges being made all time be equally divided and con- We must oppose jurists who would on the Republican side of the aisle. Un- trolled in the usual form. overreach, but we would be well served like the previous administration, The PRESIDING OFFICER. Is there to find a candidate with the integrity President Obama does not believe that objection? to draw on his or her God-given sense he can set aside any laws enacted by Without objection, it is so ordered. of empathy and personal life experi- Congress. No one can be admitted to AMENDMENTS NOS. 1104 AND 1084 ences. this country to live freely until they The PRESIDING OFFICER. Under Above all, we must ensure that he or have been through a thorough back- the previous order, amendment No. 1104 she will bring diversity to the Supreme ground and security check and cleared is agreed to. Court. I encourage the President to of wrongdoing. Amendment No. 1084, as amended, is give serious consideration to naming a President Obama inherited the Guan- agreed to. woman of color to the High Court. Di- tanamo mess from the previous admin- The Senator from Illinois is recog- versity of race and gender, diversity of istration. Solving this problem is not nized. background, diversity of thought, and easy. There will be difficult choices, Mr. BURRIS. Mr. President, I ask diversity of judicial philosophy—all of and it will take time. But the Presi- unanimous consent to speak as in these qualities would bring new views dent has shown he is willing to step up morning business for up to 3 minutes. and experience to the Supreme Court and lead and make hard decisions that The PRESIDING OFFICER. Without and would encourage healthy debate are in the best interests of the security objection, it is so ordered. among its members, bringing new per- of the United States. SUPREME COURT NOMINEE spective to each ruling. I applaud the President for engaging Mr. BURRIS. Mr. President, as I ad- Any experienced attorney—and there in a careful and deliberative process to dress this Chamber today, politicians are many of us in this Chamber—knows close Guantanamo. As Colin Powell, and pundits across the country are that finding legal truth is not easy. James Baker, JOHN MCCAIN, and many bracing for the spirited tug-of-war Few issues are black and white. Judges military officials have said, closing which precedes the confirmation of any must sift through shades of gray to Guantanamo will make us a safer na- new Supreme Court Justice. A list of make informed decisions. Legal truth tion. names has appeared, seemingly out of arises from this dialog, from the colli- I urge my Republican colleagues to thin air, and the media is already be- sion of different perspectives and opin- take another look at this issue and un- ginning its speculative debate on who ions. In shaping the Supreme Court, we derstand that this important national this person will be. seek to build debate, not consensus. security issue is best solved in a bipar- Many seem eager to attack or defend Justice David Souter, throughout his tisan way, and that we should continue potential nominees based on ideolog- 18-year tenure on the Supreme Court, the work of closing Guantanamo, sug- ical grounds or even specific issues. I has consistently given a thoughtful gested by President George W. Bush, by see little value in this overblown rhet- voice to the principles of fairness, doing it in a fashion that is consistent oric and idle speculation. We must be equality, and the importance of prece- with America’s values. careful in our approach to such an im- dent. He has always been a consistent Mr. President, I yield the floor. portant task. I call upon the White advocate for ‘‘a philosophy of all phi- I suggest the absence of a quorum. House to give us a nominee who will losophies’’ which values fresh ideas, The PRESIDING OFFICER. The provide diversity to the Court and en- unique perspectives, and inclusive de- clerk will call the roll. sure that each ruling is informed by bate. As this brilliant jurist moves into The assistant legislative clerk pro- real-life experience as well as sound retirement, we must embrace his inde- ceeded to call the roll. legal reasoning. The greatest jurors in pendent legacy by confirming someone Mr. REID. Mr. President, I ask unan- our history have been drawn from the who will bring diversity, empathy, and imous consent that the order for the Federal bench, private life, academia, a powerful intellect to the bench. In quorum call be rescinded. and even elected office. It is these ex- short, we must ensure that he or she is The PRESIDING OFFICER. Without ceptional, independent leaders to worthy to be placed among the highest objection, it is so ordered. whom our President must now turn. legal minds in the United States of Mr. REID. Mr. President, I ask unan- Some will warn that any Obama America. imous consent that the Isakson second- nominee will be prone to political bias As a former attorney general of Illi- degree amendment No. 1104 be agreed and judicial activism. We must be wary nois, I can speak to the awesome im- to and the Gillibrand amendment No. as we evaluate such claims. Certainly, pact the Supreme Court has on ordi- 1084, as amended, be agreed to and the it is right to oppose any jurist who nary citizens. It is a testament to the motion to reconsider be laid on the would attempt to legislate from the enduring strength of our democracy table; that the Senate then resume bench. The Supreme Court must be that nine individuals, appointed and consideration of the Sanders amend- bound by law and the weight of prece- confirmed by representatives of the ment No. 1062 and there be 4 minutes of dent. Justices must respect our Con- people, stand squarely at the cross- debate prior to a vote in relation to the stitution and remain unbiased on all roads of justice. They are entrusted to amendment; that an allocation Budget matters. navigate difficult legal ground in order Act point of order be considered made But too often, we mistake insen- to distinguish right from wrong and to against the Sanders amendment and sitivity for impartiality. We cannot af- guard the sanctity of the Constitution. that Senator SANDERS be recognized to ford to choose a clear record at the ex- When any five of these individuals

VerDate Nov 24 2008 01:14 May 14, 2009 Jkt 079060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G13MY6.031 S13MYPT1 jbell on PROD1PC69 with SENATE May 13, 2009 CONGRESSIONAL RECORD — SENATE S5421 come together to hand out a ruling, it Mr. DODD. Mr. President, if my col- There being no objection, the mate- becomes the law of the land. There is league wants to proceed a little longer, rial was ordered to be printed in the no implicit threat of violence to back this is a very important amendment. If RECORD, as follows: up these decisions—merely the quiet he wants to spend another minute or so [From the Wall Street Journal, Feb. 13, 2007] force of a written opinion. That is the talking about it, that is fine because I BANK OF AMERICA CASTS WIDER NET FOR wonder of this thing called a democ- will need probably more than a minute HISPANICS racy and the power of this Court. to respond. Would he like additional (By Miriam Jordan and Valerie Bauerlein) This is a rare and remarkable oppor- time? LOS ANGELES.—In the latest sign of the tunity for this body to have a voice in Mr. VITTER. Not at this time. U.S. banking industry’s aggressive pursuit of shaping the highest court in the Na- Mr. DODD. Mr. President, I rise in the Hispanic market, Bank of America Corp. tion—a court whose actions will con- opposition to the amendment. I will ex- has quietly begun offering credit cards to tinue to reverberate across the legal plain why. The basic identity verifica- customers without Social Security num- landscape for future generations of tion recordkeeping requirement in this bers—typically illegal immigrants. Americans. With the full weight of this amendment is already included in sec- In recent years, banks across the country serious task resting on our shoulders, I tion 326 of the USA PATRIOT Act. It is have begun offering checking accounts and, redundant and not necessary on this in some cases, mortgages to the nation’s ask my fellow Senators to ignore the fast-growing ranks of undocumented immi- media’s idle speculation. Now is the amendment. grants, most of whom are Hispanic. But time to exercise our constitutional This bill is designed specifically to these immigrants generally haven’t been powers of advise and consent. The ur- deal with credit card reform. A matter able to get major credit cards, making it gent needs of the American people de- such as this obviously belongs in a hard for them to develop a credit history and mand that we think outside of the box. more appropriate place. Also, the expand their purchasing power. We must confirm an individual whose amendment would require card issuers The new Bank of America program is open unique perspective can bring fresh di- to verify an applicant’s identity by ob- to people who lack both a Social Security versity into the decisions of the U.S. taining a Social Security card, photo number and a credit history, as long as they ID, driver’s license, and a card issued have held a checking account with the bank Supreme Court. I urge my colleagues for three months without an overdraft. Most to join with me in communicating to by a State in compliance with the adults in the U.S. who don’t have a Social President Obama that we will settle for REAL ID Act. Security number are undocumented immi- nothing less. There are legitimate issues about grants. Thank you, Mr. President. I yield the terrorism and illegal immigrants in The Charlotte, N.C., banking giant tested floor, and I note the absence of a the country, but it seems to me when the program last year at five branches in Los quorum. you already have provisions in the law Angeles, and last week expanded it to 51 The PRESIDING OFFICER. The that are specifically designed to pro- branches in Los Angeles County, home to the clerk will call the roll. tect the issues being raised by my largest concentration of illegal immigrants The assistant legislative clerk pro- friend—to add redundancy to a credit in the U.S. The bank hopes to roll out the program nationally later this year. ceeded to call the roll. card bill, when we are trying to make ‘‘We are willing to grant credit to someone Mr. DODD. Mr. President, I ask unan- sure people can have credit, and make with little or no credit history,’’ says Lance imous consent that the order for the sure it is provided in a way that is not Weaver, Bank of America’s head of inter- quorum call be rescinded. abusive, with interest rate hikes, pen- national card services, whose team designed The PRESIDING OFFICER. Without alties, fees, and the like. the program based in part on the bank’s ex- objection, it is so ordered. I say, with respect, to my friend that, perience in markets like Spain, which lack Mr. DODD. Mr. President, I wish to presently, applications for credit cards conventional credit bureaus to rate a client’s propound a unanimous consent request. are currently taken by mail, by tele- credit-worthiness. I will try to explain it in layman’s phone, and on the Internet. This would The credit cards involved aren’t cheap. They come with a high interest rate and an terms. force all applicants to physically go to I ask unanimous consent that the upfront fee. And the idea of catering to ille- the bank and present the required doc- gal immigrants is controversial. Sanders amendment move from first uments, which would cause a huge in- Bank of America defends the program, say- place to second place and that the convenience to customers. I don’t ing it complies with U.S. banking and amendment offered by Senator VITTER, think that is in our best interest at antiterrorism laws. Company executives say from Louisiana, be offered first, under this time. We are not trying to make it that the initiative isn’t about politics, but the same conditions. more difficult for people to have access rather about meeting the needs of an un- The PRESIDING OFFICER. Is there to credit cards. We want adequate in- tapped group of potential customers. objection? formation so decisions can be made ‘‘These people are coming here for quality Without objection, it is so ordered. of life, and they deserve somebody to give about their ability to repay, but we them a chance to achieve that quality of AMENDMENT NO. 1066 don’t want to burden them with unfair life,’’ says Brian Tuite, the bank’s director of There is now 2 minutes of debate fines, penalties, fees, and high interest Latin America card operations and one of prior to the vote in relation to the rates. This idea runs contrary to what the architects of the program. Vitter amendment. The Senator from we are trying to achieve with this bill. Critics say Bank of America is knowingly Louisiana is recognized. I say, respectfully, that I oppose this making a product available to people who Mr. VITTER. Mr. President, my amendment and ask my colleagues to are violating U.S. immigration law. ’They amendment is very simple. It simply do so as well. are clearly crossing the line; they are actu- empowers the FDIC to come up with The PRESIDING OFFICER. The Sen- ally aiding and abetting people who broke appropriate regulations to ensure that the law,’’ says Ira Mehlman, a spokesman for ator from Louisiana is recognized. the Federation for American Immigration credit cards are only issued to folks Mr. VITTER. I have a few points, Mr. Reform, a group that advocates a crackdown who are in the country legally, to en- President. This amendment will abso- on illegal immigration. sure that we don’t empower and facili- lutely not require every applicant for a Typical of the new card’s customers is An- tate illegal aliens and terrorists and credit card to physically go to the tonio Sanchez, a Mexican immigrant whose keep them from getting credit cards, bank. That is absolutely, categorically only major asset is a white 1996 Ford Thun- which can then be used improperly. not true. derbird, which he drives to the two res- The 9/11 terrorists all did this success- Secondly, present law doesn’t solve taurants where he works each day on oppo- fully and all used credit cards in plan- this problem. It is universally recog- site sides of Los Angeles. Mr. Sanchez, who nized that illegal aliens, including ter- says he sneaked across the border a decade ning and plotting and hatching their ago, has been a customer of Bank of Amer- scheme. It is also a boon to business for rorists, in this country, can get a cred- ica’s East Hollywood branch for nine years. many banks that go after the illegal it card. Present law isn’t solving that He has no borrowing history and no Social alien market with credit cards. That is problem. Security number. unacceptable, and my amendment I will submit for the RECORD this ar- PAYING BALANCES would stop that. ticle from the Wall Street Journal To obtain a Bank of America Visa card I reserve the remainder of my time. which talks about this. I ask unani- with a $500 line of credit, Mr. Sanchez had to The PRESIDING OFFICER. The Sen- mous consent that it be printed in the put down $99. If he stays within his $500 limit ator from Connecticut is recognized. RECORD. and pays his balances in a timely fashion, he

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This program David Robertson, publisher of the report, Azarkman, chief executive of La Curacao, quickly spread as common practice to 51 says a rate of 21.24% is ‘‘unquestionably which has developed its own in-house credit- Bank of America branches throughout the high.’’ ‘‘If that’s the rate you’re offered, its ratings system. ‘‘This is a promising market, Los Angeles, CA area. a pretty safe bet you’re in a high-risk as long as it is carefully managed,’’ he says, Not only will this amendment help to close group,’’ he said. adding that the average APR charged by his dangerous loopholes, but by requiring the To assess an applicant, the bank employs company is 22.9%. use of the four most secure types of personal ‘‘judgmental lending,’’ a concept pioneered WORD OF MOUTH identification, all Americans will be pro- by MBNA Corp., the credit-card company tected, as these types of ID are harder to Bank of America hasn’t launched an ad that Bank of America acquired in January forge or duplicate. This simple requirement campaign for the new card. For the time 2006. In essence, the bank bases its evalua- will ensure that all future credit card ac- being, it is counting on word of mouth that tion of a potential client’s credit-worthiness counts are opened solely by legal residents in starts with its employees at each banking on a subjective review by its employees, the United States, and it will help curb the center. Many of the Spanish-speaking ac- rather than on standardized financial data tide of taxpayer-draining illegal immigra- count holders who come to teller Luz crunched by a computer. tion by removing the magnet of easily ob- Quintanilla’s window at Bank of America’s Unorthodox initiatives like the new credit- tainable credit. East Hollywood branch, already have a So- card program may be crucial to Bank of Congressional leaders simply cannot allow cial Security number and regular credit card America’s long-term success. In the past the banks to continue the very practices that so with the bank. But she suggests in Spanish bank, which operates in 31 states and the greatly contributed to the U.S. credit mar- that ‘‘maybe you have family or friends who District of Columbia, grew mostly by buying kets’ current state. With the shrinking don’t have a Social Security number, but up other banks. Now, however, it is bumping availability of credit today, the very least wish to build their credit.’’ up against a regulatory cap that bars any congressional leaders can do is ensure that In selling the card, a major challenge is to U.S. bank from an acquisition that would American citizens are being placed before persuade immigrants who are sometimes give it more than 10% of the nation’s total illegals, criminals, and terrorists. wary of plastic that holding a credit card is bank deposits. That means Bank of Amer- I ask that you join us in supporting Sen. an important step on the way to obtaining ica’s only way to grow domestically is to sell Vitter’s amendment by voting yes when it is loans for big-ticket items, such as a car or more products to existing customers and to brought to a vote, and by opposing any ef- even a home. Pictures of a check book, cred- attract new ones. forts to kill it. Eagle Forum will score this it card, car and house in ascending order il- OPENING ACCOUNTS vote, which will be included on our scorecard lustrate this concept one pamphlet in Span- Bank of America, the second-largest U.S. for the 1st session of the 111th Congress. ish and English titled ‘‘How to Build Your bank after Citigroup Inc. in terms of market Faithfully, Credit, Step by Step.’’ capitalization, estimates that there are 28 PHYLLIS SCHLAFLY, million Hispanics in its operating area and Mr. VITTER. Mr. President, if this President & Founder. that most of them, regardless of their immi- bill is about ending the problems the Mr. DODD. Mr. President, I ask unan- gration status, don’t have a bank. It hopes credit card companies create, or take imous consent for 15 more seconds. the allure of a credit card will persuade hun- advantage of, certainly their going The PRESIDING OFFICER. Is there dreds of thousands more Latinos to open ac- after illegal aliens as a niche market counts. objection? ‘‘If we don’t disproportionately grow in the and a profit center is an offensive prob- Without objection, it is so ordered. Hispanic [market] . . . we aren’t going to lem we need to address, particularly in Mr. DODD. Mr. President, it is not grow’’ as a bank, says Liam McGee, Bank of a post-9/11 world. my opinion that this would require America’s consumer and small-business Fourth, I ask unanimous consent to people to show up physically. This is banking chief. have printed in the RECORD this letter the opinion of the Treasury Depart- Illegal immigrants have typically relied on from the Eagle Forum declaring that ment. We asked them to comment on loan sharks and neighborhood finance shops this will be a scored vote. this, and they told us that. The elderly, for credit. But that has begun to change. A There being no objection, the mate- few years ago, a handful of community banks the handicapped, and those in rural in the U.S. began offering mortgages to ille- rial was ordered to be printed in the areas are going to be adversely affected gal immigrants, as long as they could prove RECORD, as follows: if this were to be adopted. It is duplica- they had stable employment and paid U.S. MAY 12, 2009. tive, redundant, and unnecessary. It taxes with an individual tax identification DEAR SENATOR: On behalf of the thousands adds tremendous burdens on certain number, or ITIN. of Eagle Forum members nationwide, I urge segments of this country. Credit cards In December 2005, Wells Fargo & Co. began your strong support of Senator David extending mortgages to consumers with an Vitter’s amendment to H.R. 627, the Credit are valuable instruments during dif- ITIN. The bank is currently evaluating a Cardholder’s Bill of Rights. ficult economic times. pilot program in Los Angeles and Orange Sen. Vitter’s amendment would grant rule- Mr. VITTER. Will the Senator yield? counties before deciding whether to expand making authority to the Federal Reserve to Mr. DODD. I am happy to. it. set forth a minimum standard for credit card Mr. VITTER. The amendment is only Department of Homeland Security spokes- issuers to establish a consumer’s identity in 21⁄2 pages long. What language requires man Russ Knocke said banking products order to prevent and deter illegal immi- an applicant to physically show up be- aimed at illegal immigrants ‘‘reinforce the grants and terrorists from obtaining credit fore a bank or a credit card issuer? need for a temporary worker program’’ that cards. Mr. DODD. It is not the length of the the Bush administration has been pro- The regulations would simply require fi- moting. That program would screen, tax and nancial institutions to do the following: amendment. Sometimes one or two otherwise regulate immigrant workers and, Verify the identity of any person seeking a words can have huge implications. We the administration contends, would squeeze credit card account through one of four ac- asked Treasury how they would inter- out illegal workers who now use forged or ceptable forms of identification, including a pret this, and they claim this would re- stolen documents to get jobs, driver’s li- social security card, a driver’s license issued quire the physical presence of an appli- censes and occasionally credit. by a state in compliance with the Real ID cant. That is one of their concerns. Anti-money-laundering regulations passed Act, a passport, or a photo ID card issued by As long as that is a concern and it in the wake of the Sept. 11, 2001, terror at- the Dept. of Homeland Security. raises that possibility, adopting this, tacks put more pressure on banks to verify Maintain records of the information used customers’ identity and watch for suspicious to verify the customer’s identity. which could result in that, it seems to transactions, but they don’t require banks to Consult lists of known or suspected terror- me would be an irresponsible action for ascertain whether account holders are in the ists or terrorist organizations provided by this body to take. U.S. legally. Most banks require a Social Se- the appropriate government agency. Mr. VITTER. Mr. President, this curity number or ITIN to open an account, Current loopholes in federal law are often amendment is 21⁄2 pages long, and there but regulations also allow them to accept abused by financial institutions. In February is no language in it that requires their other government-issued forms of identifica- 2007, the Wall Street Journal reported that physical presence. I know this adminis- Bank of America Corp, in an effort to expand tion in some instances, including passport tration is opposed to the amendment, numbers, alien identification numbers or any their Hispanic consumer base, had quietly government-issued document with photo begun offering credit cards to customers but this is simply a smokescreen. I in- showing nationality or place of residence. without Social Security numbers, typically, vite Members to actually read the A handful of retailers, such as Los illegal aliens. In order to get around the amendment. Angeles’s closely held La Curacao depart- verification requirements, Bank of America I yield back my time.

VerDate Nov 24 2008 01:14 May 14, 2009 Jkt 079060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\A13MY6.008 S13MYPT1 jbell on PROD1PC69 with SENATE May 13, 2009 CONGRESSIONAL RECORD — SENATE S5423 Mr. DODD. I yield back my time. ment No. 1062 and send to the desk the The legislative clerk called the roll. The PRESIDING OFFICER. The modification. Mr. DURBIN. I announce that the question is on agreeing to the Vitter The PRESIDING OFFICER. Is there Senator from Massachusetts (Mr. KEN- amendment. objection? NEDY), the Senator from Vermont (Mr. Mr. DODD. Mr. President, I ask for Mr. SHELBY. I object. LEAHY), the Senator from Maryland the yeas and nays. The PRESIDING OFFICER. Objec- (Ms. MIKULSKI), the Senator from West The PRESIDING OFFICER. Is there a tion is heard. Virginia (Mr. ROCKEFELLER), and the sufficient second? There is a sufficient Mr. SANDERS. This amendment is Senator from Rhode Island (Mr. second. being cosponsored by Senators HARKIN, WHITEHOUSE) are necessarily absent. The clerk will call the roll. DURBIN, LEVIN, LEAHY, and Senator Mr. KYL. The following Senator is The bill clerk called the roll. WHITEHOUSE. It is not being supported necessarily absent: the Senator from Mr. DURBIN. I announce that the by the American Bankers Association Ohio (Mr. VOINOVICH). Senator from Massachusetts (Mr. KEN- and the other financial institutions The PRESIDING OFFICER. Are there NEDY), the Senator from Vermont (Mr. that have spent $5 billion in the last 10 any other Senators in the Chamber de- LEAHY), the Senator from Maryland years to push their interests against siring to vote? (Ms. MIKULSKI), the Senator from West the needs of the American people. The yeas and nays resulted—yeas 33, Virginia (Mr. ROCKEFELLER), and the This amendment is, in fact, very sim- nays 60, as follows: Senator from Rhode Island (Mr. ple. It says now is the time to end [Rollcall Vote No. 191 Leg.] WHITEHOUSE) are necessarily absent. usury in the United States of America. YEAS—33 Mr. KYL. The following Senator is Now is the time to protect the Amer- Begich Feingold McCaskill necessarily absent: the Senator from ican people against 25, 30 percent or Bennet Feinstein Menendez Texas (Mrs. HUTCHISON). more interest rates on their credit Boxer Gillibrand Merkley The PRESIDING OFFICER (Mr. Brown Grassley Reed cards. Burris Harkin Reid BURRIS). Are there any other Senators It says now, when the American tax- Cardin Inouye Sanders in the Chamber desiring to vote? payer is spending hundreds of billions Casey Kerry Schumer The result was announced—yeas 28, of dollars bailing out Wall Street, they Conrad Klobuchar Udall (CO) Dodd Kohl Udall (NM) nays 65, as follows: should not be lending the American Dorgan Lautenberg Webb [Rollcall Vote No. 190 Leg.] people their own money at usurious Durbin Levin Wyden YEAS—28 rates. NAYS—60 When banks are charging 30 percent Barrasso DeMint Risch Akaka Crapo McCain Bond Enzi Roberts interest rates, they are not making Alexander DeMint McConnell Brownback Graham Sessions credit available; they are engaged in Barrasso Ensign Murkowski Bunning Grassley Shelby loansharking. That is what they are Baucus Enzi Murray Burr Inhofe Thune engaged in, and we should be very clear Bayh Graham Nelson (NE) Chambliss Isakson Vitter Bennett Gregg Nelson (FL) Coburn Johanns Voinovich about that. Now is the time to elimi- Bingaman Hagan Pryor Cochran Kyl Wicker nate that behavior. Bond Hatch Risch Cornyn McCain We picked a number, a maximum of Brownback Hutchison Roberts Crapo McConnell Bunning 15 percent plus 3 percent, under ex- Inhofe Sessions NAYS—65 Burr Isakson Shaheen traordinary circumstances, not because Byrd Johanns Shelby Akaka Ensign Menendez it came out of the top of my head but Cantwell Johnson Snowe Alexander Feingold Merkley because credit unions in this country Carper Kaufman Specter Baucus Feinstein Murkowski Chambliss Kyl Stabenow Bayh Gillibrand Murray have been operating under that law for Coburn Landrieu Tester Begich Gregg Nelson (NE) 30 years. And you know what. It has Cochran Lieberman Thune Bennet Hagan Nelson (FL) worked well. Collins Lincoln Vitter Bennett Harkin Pryor It was not the credit unions coming Corker Lugar Warner Bingaman Hatch Reed Cornyn Martinez Wicker Boxer Inouye Reid in here for billions of dollars in bail- Brown Johnson NOT VOTING—6 Sanders outs; they are doing very well. This law Burris Kaufman Schumer has worked for credit unions; it should Kennedy Mikulski Voinovich Byrd Kerry Leahy Rockefeller Whitehouse Cantwell Klobuchar Shaheen work for large financial institutions. Cardin Kohl Snowe Let’s stand up for the American people. The PRESIDING OFFICER. On this Carper Landrieu Specter vote, the yeas are 33, the nays are 60. Stabenow Let’s put a cap on interest rates, 15 Casey Lautenberg Three-fifths of the Senators duly cho- Collins Levin Tester percent plus 3. Conrad Lieberman Udall (CO) I ask my colleagues to support this sen and sworn not having voted in the Corker Lincoln Udall (NM) amendment, once again supported by affirmative, the motion is rejected. Dodd Lugar Warner The point of order is sustained, and the Dorgan Martinez Webb Senators HARKIN, DURBIN, LEVIN, Durbin McCaskill Wyden LEAHY, and WHITEHOUSE. amendment falls. The PRESIDING OFFICER. The Sen- The Senator from Connecticut. NOT VOTING—6 ator from Alabama. Mr. DODD. Mr. President, what is the Hutchison Leahy Rockefeller business before the Senate? Kennedy Mikulski Whitehouse Mr. SHELBY. Mr. President, I raise a point of order it violates the Budget AMENDMENT NO. 1085 The amendment (No. 1066) was re- Act. The PRESIDING OFFICER. There is jected. Mr. SANDERS. I move to waive that. 2 minutes equally divided prior to a Mr. DODD. Mr. President, I move to The PRESIDING OFFICER. The vote in relation to the Gregg amend- reconsider that vote and move to lay point of order has been considered ment No. 1085. that motion on the table. made. The Senator from New Hampshire. The motion to lay on the table was There are 2 minutes under control of Mr. GREGG. Mr. President, this agreed to. the opposition. amendment is appropriate to this bill AMENDMENT NO. 1062 Mr. SHELBY. I yield back the re- because, after all, we are talking about The PRESIDING OFFICER. Under maining time. credit in this bill, and the credit of the the previous order, a 302(f) point of Mr. SANDERS. I ask for the yeas and United States is obviously a severe order is considered made against Sand- nays. issue for all of us, and we need to ad- ers amendment No. 1062. The PRESIDING OFFICER. The yeas dress it. There are 4 minutes equally divided and nays have been requested on the This amendment simply gives the prior to a vote in relation thereto. motion to waive. Is there a sufficient American people a better opportunity The Senator from Vermont is recog- second? There is a sufficient second. to learn what is happening to their nized. The question is on agreeing to the Government and how much debt is Mr. SANDERS. Mr. President, I ask motion. being run up on them and their chil- unanimous consent to modify amend- The clerk will call the roll. dren. It is an issue of transparency and

VerDate Nov 24 2008 01:14 May 14, 2009 Jkt 079060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\G13MY6.038 S13MYPT1 jbell on PROD1PC69 with SENATE S5424 CONGRESSIONAL RECORD — SENATE May 13, 2009 openness in our Government. The debt The PRESIDING OFFICER. Are there cerned about whether the rate was too is the threat, and it is one of those oc- any other Senators in the Chamber de- low or how it would apply. casional, brilliant ideas that come siring to vote? So I am going to propose—I hope along every so often, so everybody The yeas and nays resulted—yeas 59, along with my friend and colleague should vote for it. nays 35, as follows: from Alabama—to ask either the Fed- Thank you, Mr. President. [Rollcall Vote No. 192 Leg.] eral Reserve, or whatever else is the The PRESIDING OFFICER. Who YEAS—59 appropriate place, to come back and yields time? give us a comprehensive review of what Alexander Dorgan Martinez The Senator from Connecticut. Barrasso Ensign McCain national rates there ought to be. Mr. DODD. Mr. President, there are Bayh Enzi McCaskill This idea that you can end up charg- very few Members for whom I have Bennet Feingold McConnell ing in effect 200, 300, or 400 percent in- Bennett Feinstein more affection or respect than JUDD Murkowski terest rates, which is what has hap- Bond Gillibrand Nelson (NE) GREGG of New Hampshire. But I think pened in some cases, is offensive, to put Boxer Graham Pryor this amendment, first of all, has no Brownback Grassley Risch it mildly. It ought to be wrong and ille- Bunning Gregg place on this bill. It is unnecessary and Roberts gal, and people ought not to be able to Burr Hagan Sessions raises some very serious, legitimate Cardin Hatch get away with it. issues. Let me point them out. Chambliss Hutchison Shaheen I think it is difficult for my col- Coburn Inhofe Shelby leagues to determine what is that level First of all, it is going to be costly to Snowe Cochran Isakson and what institutions, and under what do this: every agency to report what Collins Johanns Specter the national debt is. The number is ab- Conrad Klobuchar Thune financial circumstances, do you apply solutely worthless by the time you Corker Kohl Udall (CO) it to. I realize a payday lender lends publish it because the national debt Cornyn Kyl Vitter money for a week or two, not annually. Crapo Lincoln Voinovich rises, of course, every nanosecond. So DeMint Lugar Wicker So the interest rate will be different to have that idea what it is also gives than on a credit card, on a home mort- you a false illusion of actually where NAYS—35 gage, or what it is apt to be with a we are. Akaka Harkin Nelson (FL) credit union. With various institutions, Baucus Inouye Reed under various circumstances, rates can The level of public cynicism about Begich Johnson Reid this issue is getting almost insur- Bingaman Kaufman Sanders differ. mountable. It seems to me we need to Brown Kerry Schumer It is confusing, except that most con- be far more realistic. There are other Burris Landrieu Stabenow stituents and millions of Americans Byrd Lautenberg costs, as well, in addition to the debt Tester would like to see some restraint. I Cantwell Levin Udall (NM) Carper Lieberman don’t know how you can possibly ex- that people care about. Why not have a Warner Casey Menendez tuition cost clock? Why not have a Webb plain why some institutions can get Dodd Merkley Wyden away with rates that are literally tri- health care cost clock? These matters Durbin Murray go up all the time as well. It seems to ple digits in some cases. I don’t think me that by adding something such as NOT VOTING—5 we are going to resolve that matter on this, we are just adding to that illu- Kennedy Mikulski Whitehouse this bill. But we ought to have some Leahy Rockefeller sion, adding to that cynicism at a time clear idea of how to put some re- when there are plenty of places where The PRESIDING OFFICER. On this straints on national usury laws. I am you can get this information—cer- vote, the yeas are 59, the nays are 35. not a Bible scholar, but for those who tainly the Congressional Budget Office Three-fifths of the Senators duly cho- are, I am sure they can recite chapter as well. sen and sworn not having voted in the and verse in the Old and New Testa- So while this amendment has been affirmative, the motion is rejected. ments when it comes to the usurious adopted in the past because it seems The point of order is sustained and the rates that were being charged by relatively harmless, the fact is, I think amendment falls. money changers and the like. it is an idea that can actually raise The Senator from Connecticut is rec- At the appropriate time, I will pro- costs and create false illusions. Cer- ognized. pose an amendment that will allow us tainly consumers ought to have some Mr. DODD. Mr. President, let me to get back to people in a short period idea about some of these other costs, make a couple of comments, if I can, with some analysis of how to impose which I would object to. If you had a regarding previous debates. some meaningful restraints on what is health care cost clock, a tuition cost Our colleague from Vermont offered charged to consumers for the privilege clock, an energy cost clock, it could an amendment to deal with caps on in- of borrowing money when they need it, contribute to those problems. So I urge terest rates and that failed on a point as so many do, to pay tuition, pay that the amendment be defeated. of order. I know there are others who mortgages, keep the business operating Mr. SANDERS. Mr. President, I have various ideas about this issue. It and deal with the health care crisis, or make a point of order that the pending is a legitimate issue, and I want my just to survive week to week. People amendment violates section 302(f) of colleagues to know this. It is a com- have been taken advantage of under the Congressional Budget Act of 1974. plicated issue, because dealing with circumstances that are deplorable, in Mr. GREGG. Mr. President, I move to credit cards, dealing with payday lend- my view, when the rates are particu- waive section 302(f) of the Congres- ers, dealing with all sorts of different larly beyond excessive. sional Budget Act of 1974 and ask for entities, the matter of what is an ex- I think one should not read the out- the yeas and nays. cessive interest rate is one that many come of the Sanders vote as a rejection The PRESIDING OFFICER. Is there a Americans care deeply about and one of the idea that applying some stand- sufficient second? where they wish to see some restraint. ards of fairness is unacceptable to this There is a sufficient second. It is legitimate to point out that body. I believe a lot of Members voted The question is on agreeing to the there are interest rates being imposed against waiving the budget point of motion. today that you would have gone to jail order not because they disagreed with The clerk will call the roll. for imposing not many years ago. In what he is trying to do. I would not The assistant legislative clerk called fact, it would make a loan shark blush, want that vote to reflect that. I sup- the roll. some of these interest rates that are port Senator SANDERS, as I did on the Mr. DURBIN. I announce that the being charged. So what I intend to do budget debate, not because I nec- Senator from Massachusetts (Mr. KEN- at some point, because I realize when essarily agreed with the number he had NEDY), the Senator from Vermont (Mr. you look at the votes, there were only in mind, but because it is an important LEAHY), the Senator from Maryland about 30 votes dealing with the point of debate and he should have had the (Ms. MIKULSKI), the Senator from West order dealing with the motion of the right to be able to proceed with his Virginia (Mr. ROCKEFELLER), and the Senator from Vermont. But I think a amendment. I wanted to make that Senator from Rhode Island (Mr. lot of my colleagues do not feel his de- point overall. I think it would be a WHITEHOUSE) are necessarily absent. sire was illegitimate; they were con- false impression to walk away and say

VerDate Nov 24 2008 01:14 May 14, 2009 Jkt 079060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\G13MY6.045 S13MYPT1 jbell on PROD1PC69 with SENATE May 13, 2009 CONGRESSIONAL RECORD — SENATE S5425 the Senate rejected any idea of consid- tant committee. We have committed to have $25,000 on their credit card, where ering some sort of a national usury try to be the very best advocates we they are trying to stay in business, rate because they rejected the waiver can for small businesses in America. keep their lights on, keep that capital of the point of order that Senator There are close to 30 million small flowing, as other sources dry up, as we SANDERS offered. businesses that are actually feeling the have heard, and extend the same pro- I see my colleague from Louisiana, brunt of this recession—in some ways tections to them. who I think wants to speak. more than anybody, as the Chair I am open to some slight modifica- I yield the floor. knows. In Illinois, I am sure the occu- tions because I understand there may The PRESIDING OFFICER. The Sen- pant of the chair hears on a regular be some objections. I am not clear ator from Louisiana is recognized. basis from small mom-and-pop opera- about where those objections would AMENDMENT NO. 1079 tors who have been in business for dec- come from. So right now, let me say Ms. LANDRIEU. Mr. President, I ades, to the more established but rel- again that I offered this in a bipartisan want to speak for a few moments about atively small businesses, restaurants, amendment from Senator SNOWE and an amendment that I ask be called up, shoe repair shops, hardware stores— myself. I am happy also that we are amendment No. 1079. people who have said to me—and I am joined by Senators SHAHEEN, CARDIN, The PRESIDING OFFICER. The sure he hears this—‘‘Senator, we have and others, who have indicated they clerk will report. never experienced this kind of dif- may want to cosponsor this amend- The assistant legislative clerk read ficulty getting access to credit.’’ They ment. as follows: are angry, and they should be. They are I have a long list of organizations frustrated, because while they under- The Senator from Louisiana [Ms. that have endorsed this concept. I will stand shared sacrifice, like many hard- LANDRIEU], for herself, Ms. SNOWE, Mr. read them into the RECORD. The Con- working Americans do, they are having CARDIN, and Mrs. SHAHEEN, proposes an sumer Action Group; Consumer Federa- amendment numbered 1079 to amendment trouble understanding how we continue tion of America; Food Marketing Insti- to send billions and billions of dollars No. 1058. tute; National Association of College to the big banks, the Wall Street com- The amendment is as follows: Stores; National Association of the panies, to the international companies, (Purpose: To end abuse, promote disclosure, Self Employed; National Association of and they are having trouble seeing any and provide protections to small businesses Theater Owners; American Beverage of that actually hit Main Street, where that rely on credit cards) Licensees; American Society of Travel they are, where they have been, and At the end of title V, add the following: Agents; National Small Business Asso- where they want to stay. SEC. 503. EXTENDING TILA CREDIT CARD PRO- ciation, which brought this issue to my The small businesses are right TECTIONS TO SMALL BUSINESSES. attention; Petroleum Marketers Asso- around the corner and, in some in- (a) DEFINITION OF CONSUMER.—Section ciation; Service Employees Inter- 103(h) of the Truth in Lending Act (15 U.S.C. stances, on the same block as the con- national; U.S. Hispanic Chamber of 1602(h)) is amended— stituents whom we represent—of Commerce; U.S. Women’s Chamber of (1) by inserting ‘‘(1)’’ after ‘‘(h)’’; and course, we represent them as well. It Commerce; National Consumer Law (2) by adding at the end the following: came to the attention of this Chair and Center on Behalf of Low-Income Cli- ‘‘(2) For purposes of any provision of this our ranking member that this bill, title relating to a credit card account under ents; National Community Reinvest- which has a lot of merit—this amend- an open end credit plan, the term ‘consumer’ ment Coalition. I understand that also ment to consumer protection language includes any business concern having 50 or the National Federation of Independent is very important, but it has a limit fewer employees, whether or not the credit Businesses, the largest organization of account is in the name of the business entity that we are not comfortable with. That independent businesses in the country, or an individual, or whether or not a subject limit is that this credit card protection is poised to endorse this as well. credit transaction is for business or personal extends only to a natural person, what purposes.’’. is defined in the law as a natural per- So we have a very credible group of (b) AMENDMENT TO EXEMPTIONS.— son. So it is a personal credit card that organizations that think these protec- (1) IN GENERAL.—Section 104 of the Truth tions for credit cardholders should not in Lending Act (15 U.S.C. 1603) is amended— you would get that would get this ben- efit. I think, as chair of the Small go to persons but to businesses that ar- (A) in paragraph (1), by inserting after ‘‘ag- guably need as much, if not more, pro- ricultural purposes’’ the following: ‘‘(other Business Committee, representing a than a credit transaction under an open end broad coalition, that this same benefit tection as they attempt to create jobs credit plan in which the consumer is a small should extend at least to small busi- and keep their businesses open, which business having 50 or fewer employees)’’; and nesses as well, to businesses that are is a help to all. So that is the nature of (B) in paragraph (4), by striking ‘‘$25,000’’ literally trying to keep their access to this amendment. and inserting ‘‘$50,000’’. capital—not just to keep themselves in I understand that it is important to (2) BUSINESS CREDIT CARD PROVISION.—Sec- business, to keep their communities bring this debate to a close and, hope- tion 135 of the Truth in Lending Act (15 fully, we can get there. I do know there U.S.C. 1645) is amended by inserting after strong, but to lead our Nation’s recov- ‘‘does not apply’’ the following: ‘‘with re- ery. The President himself has said he are probably 30 other amendments spect to any provision of this title relating expects that in our recovery—and he is pending and this, of course, is one. I am to a credit card account under an open end correct—job creation is not going to sure we can find a time that is appro- credit plan in which the consumer is a small come from the big businesses, the mul- priate for this vote. business having 50 or fewer employees or’’. tinational companies; they are going to I wanted to bring to the attention of Ms. LANDRIEU. Mr. President, I call be contracting for some time, I sus- the Senate that one of the reasons this this amendment up for discussion pur- pect. What big business has to do to issue is becoming so important to poses. I am open to some modification. survive—I have some general under- small businesses is, if you think about I want to explain, basically, this standing of that, but the big risks are it, only 15 years ago, most people who amendment. I have spoken with the going to be taken by the small entre- started their own business would either chairman of the committee that has preneurs who, despite the gloom and take out a home equity loan or they proposed the underlying bill. He sees doom, have decided their ideas are might borrow money from a rich uncle merit in this proposal, and I am grate- worth pursuing, and they are going to or aunt or they would dip into their ful for that. I want to talk about what build this recovery one job at a time. savings, and this was sort of the tradi- the issue is, generally, and then as we I don’t know why we would even be tional way. If they had some status or proceed to a final vote, I may be open considering only limiting this help and credit in the community, they could go to some modification of this amend- support to private individuals and leav- to their local bank and they might get ment. ing small business out. I don’t think a loan for their business. As chair of the Small Business Com- that is the intention of the chairman of Those times have changed dramati- mittee, I offer this amendment on be- the Banking Committee, as he has indi- cally. I don’t have the charts here, but half of myself and my ranking member, cated to me. So that is basically what if I could show one, it would show that Senator SNOWE from Maine, who served our amendment would do. It would on the latest survey our committee for many years as chair of this impor- simply include small businesses that took, 59 percent of all businesses in

VerDate Nov 24 2008 01:14 May 14, 2009 Jkt 079060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\G13MY6.047 S13MYPT1 jbell on PROD1PC69 with SENATE S5426 CONGRESSIONAL RECORD — SENATE May 13, 2009 America are using credit cards to fi- Mark Begich, Mark L. Pryor, Robert P. (5) by adding at the end the following new nance their business or for their pri- Casey, Jr., Benjamin L. Cardin, Jack paragraph: mary cash flow tool. Credit cards for Reed, Sherrod Brown. ‘‘(7) ‘Stored value’ means funds or mone- businesses are different. We just had CLOTURE MOTION tary value represented in digital electronics format (whether or not specially encrypted) American Express testify this morning. Mr. REID. Mr. President, I send a cloture motion to the desk. and stored or capable of storage on elec- Of course, if you have an American Ex- tronic media in such a way as to be retriev- press business card, their model is dif- The PRESIDING OFFICER. The clo- able and transferable electronically.’’. ferent. The good news is that you have ture motion having been presented (b) CRIMINAL PENALTIES.—Title 18, United unlimited amounts of money that you under rule XXII, the Chair directs the States Code, is amended— can borrow. The bad news is that you clerk to read the motion. (1) in section 1956(c)(5)(i), by striking ‘‘and have to pay it off at the end of the The assistant legislative clerk read money orders, or’’ and inserting ‘‘money or- as follows: ders, stored value devices, and any other month. So it is more of a cash manage- similar money transmitting devices, or’’; and CLOTURE MOTION ment tool than it is long-term credit. (2) in section 1960(b)— However, they are useful. But there are We, the undersigned Senators, in accord- (A) in paragraph (1)(C), by inserting ‘‘, in- Visas and Master Charge and Discover ance with the provisions of rule XXII of the cluding funds on fraudulently issued stored cards and others that people are now Standing Rules of the Senate, hereby move value devices and funds on stored value de- to bring to a close debate on H.R. 627, the putting $50,000 on the card or $75,000 on vices issued anonymously for the purpose of Credit Cardholders’ Bill of Rights Act of 2009. evading monetary reporting requirements,’’ the card or $100,000 on the card to fi- Harry Reid, Christopher J. Dodd, Richard nance their restaurants and their after ‘‘funds’’; and Durbin, Bill Nelson, Debbie Stabenow, (B) in paragraph (2), by striking ‘‘or cou- printing shops and their hardware Patrick J. Leahy, Patty Murray, Amy rier’’ and inserting ‘‘courier, or issuance, re- stores. Klobuchar, Russell D. Feingold, Mark demption, or sale of stored value devices or This was not true even 25 years ago. R. Warner, Jon Tester, Mark Begich, other similar instruments’’. This was quite unheard of. So we have Mark L. Pryor, Robert P. Casey, Jr., (c) MONEY TRANSMITTING BUSINESSES.— to recognize that small businesses Benjamin L. Cardin, Jack Reed, Section 5330(d)(1)(A) of title 31, United States Sherrod Brown. today are relying on the good will of Code, is amended by inserting ‘‘stored value these credit card companies. Some of Mr. REID. Mr. President, I have spo- devices,’’ after ‘‘travelers checks,’’. them are more reliable, in my view, ken to the Republican leader. He knew Ms. COLLINS. Mr. President, I ask than others. But regardless of whether we were going to file these. It is no sur- unanimous consent the Senator from they are doing excellent work or shod- prise to anyone. Connecticut, Mr. LIEBERMAN, be added dy work—and some of them are doing The PRESIDING OFFICER. The Sen- as a cosponsor of the amendment. The PRESIDING OFFICER. Without shoddy work—this Government has an ator from Maine is recognized. objection, it is so ordered. obligation to say let’s make sure the Ms. COLLINS. Mr. President, I ask unanimous consent that the pending Ms. COLLINS. Mr. President, stored basic consumer protections are there. value cards have been used and are You cannot raise rates without giving amendment be set aside. The PRESIDING OFFICER. Without being used by Mexican drug cartels to notice. You cannot retroactively raise objection, it is so ordered. smuggle their drug revenues back to rates. What we are doing for consumers Mexico. The Department of Justice es- is good. We need to extend it to small AMENDMENT NO. 1107 TO AMENDMENT NO. 1058 Ms. COLLINS. Mr. President, I call timates that up to $24 billion in cash is business. smuggled into Mexico each year from That is the essence of this amend- up amendment No. 1107. The PRESIDING OFFICER. The the United States and these stored ment. I am proud to be joined by Mem- value cards are one of the means by bers from both sides of the aisle. I am clerk will report. The assistant legislative clerk read which the cash is smuggled back into going to be talking with the chair of Mexico. Stored value cards can be load- the committee. There perhaps could be as follows: The Senator from Maine [Ms. COLLINS], for ed anonymously by individuals who are some modifications where we could involved in criminal enterprises, such agree to this amendment and not have herself and Mr. LIEBERMAN, proposes an amendment numbered 1107 to amendment as drug trafficking. The cards are then to have a vote, but I don’t know. Right No. 1058. physically smuggled across the border now I am intending to have a vote on Ms. COLLINS. I ask unanimous con- and can be used to withdraw large this amendment. sent the reading of the amendment be quantities of cash from ATMs. I appreciate the thousands of busi- dispensed with. Under current law, cash and other ness owners who are supporting this The PRESIDING OFFICER. Without monetary instruments that exceed amendment through these very rep- objection, it is so ordered. $10,000 must be declared at the border. utable organizations that are sup- The amendment is as follows: For those of us who have traveled to porting the extension of these benefits (Purpose: To address criminal and fraudulent different countries, we are very famil- to the small businesses of America that monetary transfers using stored value iar with the white form you have to fill absolutely need our action on this, this cards and other electronic devices) out in which you have to indicate if week. At the end of title V, add the following: you have cash that exceeds $10,000. I yield the floor. SEC. 503. STORED VALUE CARDS. However, there is a loophole in the CLOTURE MOTION (a) DEFINITIONS.—Section 5312(a) of title 31, current law. Stored value cards, either Mr. REID. Mr. President, I send a United States Code, is amended— individually or collectively in excess of cloture motion to the desk. (1) in paragraph (2)(K), by inserting ‘‘stored $10,000, do not have to be reported be- The PRESIDING OFFICER. The clo- value devices,’’ after ‘‘money orders,’’; cause they are not considered to be ture motion having been presented (2) in paragraph (3)(B), by striking ‘‘; and’’ monetary instruments under the law. at the end and inserting ‘‘, and stored value under rule XXII, the Chair directs the The amendment Senator LIEBERMAN devices and any other similar money trans- clerk to read the motion. and I are offering would require such The assistant legislative clerk read mitting devices;’’; (3) in paragraph (3)(C), by striking the pe- reporting and make it a crime to laun- as follows: riod at the end and inserting ‘‘; and’’; der money using these stored value CLOTURE MOTION (4) by adding at the end the following: cards. We, the undersigned Senators, in accord- ‘‘(D) as the Secretary of the Treasury shall The Deputy Attorney General of the ance with the provisions of rule XXII of the provide by regulation for purposes of sec- United States has pointed out that Standing Rules of the Senate, hereby move tions 5316 and 5331 of this title, stored value large quantities of cash are put to- to bring to a close debate on the Dodd-Shel- devices, or other similar money transmitting gether and smuggled across the border by substitute amendment No. 1058 to H.R. devices (as defined by regulation of the Sec- to the south. He has pointed out that 627, the Credit Cardholders’ Bill of Rights retary for such purposes), unless the Sec- there are various ways this can be ac- Act of 2009. retary, in coordination with the Secretary of Harry Reid, Christopher J. Dodd, Bill Homeland Security, determines that a par- complished but that stored value cards Nelson, Richard Durbin, Debbie ticular device, based on other applicable are one of the means for smuggling this Stabenow, Patrick J. Leahy, Patty laws, is subject to additional security meas- cash. Murray, Amy Klobuchar, Russell D. ures that obviate the need for such regula- Mr. President, as you know as a loyal Feingold, Mark R. Warner, Jon Tester, tions as it relates to that device.’’; and and diligent member of the Homeland

VerDate Nov 24 2008 01:14 May 14, 2009 Jkt 079060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\G13MY6.048 S13MYPT1 jbell on PROD1PC69 with SENATE May 13, 2009 CONGRESSIONAL RECORD — SENATE S5427 Security Committee, our committee amendment. I do believe we are in the And there’s Garrett Mumma of Pueb- has been investigating the problem of process of clearing it on both sides, but lo whose interest rate on his credit drug trafficking from these Mexican I am uncertain whether that has been card doubled from 7.9 percent to 13.65 cartels. What we found is the drugs are completed. It may be that the acting percent despite his solid history of pay- coming north and cash and weapons manager of the bill can inform me. ment. In a letter to me, Garrett wrote, are going south. By closing the loop- I yield the floor. ‘‘I only want what’s fair. I want the hole on reporting for large quantities Ms. KLOBUCHAR. Mr. President, I credit card companies to honor their of cash that are being smuggled back appreciate that from the Senator from original agreements and not to gouge and forth using these stored value Maine. The manager of the bill, the the American people when they are al- cards, we can help give law enforce- Senator from Connecticut, will be re- ready suffering so much from the ment another tool to crack down on turning shortly. present economic crisis.’’ the smuggling of cash that is often the Ms. COLLINS. Mr. President, I sug- These struggles paint an unaccept- proceeds of criminal activity, including gest the absence of a quorum. able picture. We need to rein in abusive drug smuggling. The PRESIDING OFFICER. The practices and create a new set of rules This is not just theoretical. It is not clerk will call the roll. that works for Colorado consumers. only the Deputy Attorney General who The assistant legislative clerk pro- According to a Pew Safe Credit Cards has pointed out that these cards can be ceeded to call the roll. Project study, 87 percent of cards al- Ms. COLLINS. Mr. President, I ask a means of smuggling large quantities lowed the issuer to impose automatic unanimous consent the order for the of cash but also law enforcement penalty interest rate increases on all quorum call be rescinded. agents throughout the United States balances, even if the account is not 30 The PRESIDING OFFICER. Without have been investigating criminal enter- days or more past due. And 93 percent objection, it is so ordered. prises that are using these cards. Let Ms. COLLINS. Mr. President, I ask of cards allowed the issuer to raise any me give a couple of examples. unanimous consent that the Senator interest rate at any time by changing Law enforcement agents in Dallas from Illinois, the Presiding Officer, be the account agreement. I am voting for this bill because it have been investigating a Colombian added as a cosponsor of the amend- protects consumers from excessive narcotrafficking organization that ment, and I thank him very much for fees, ever-changing interest rates wanted to launder narcotic proceeds his support. via stored value cards. The organiza- The PRESIDING OFFICER. Without where you do not even get notice, and tion wanted to obtain 50 stored value objection, it is so ordered. complex contracts intended to confuse cards that would be used to launder Ms. COLLINS. I suggest the absence you until you give up even trying to $100,000 in proceeds. These transactions of a quorum. understand. would be structured in different incre- The PRESIDING OFFICER. The It protects consumers by establishing ments per card for the total of $100,000. clerk will call the roll. fair and sensible rules for how and The cards would then be exported out The assistant legislative clerk pro- when credit card companies can raise of the United States to Colombia. The ceeded to call the roll. interest rates. Card companies must cards would be cashed out in Colombia Mr. BENNET. Mr. President, I ask give 45 days’ notice before increasing and the dollar value would be con- unanimous consent that the order for rates, and can no longer do so on exist- verted to Colombian pesos at the offi- the quorum call be rescinded. ing balances. cial exchange rate. The PRESIDING OFFICER. Without It cracks down on abusive fees. Con- In another example, law enforcement objection, it is so ordered. sumers no longer will have to pay a fee undercover operations have revealed at Mr. BENNET. Mr. President, l rise just to pay a bill. And credit card com- least nine transnational criminal today to congratulate Chairman DODD panies must mail statements 21 days groups engaged in moving criminal and Senator SHELBY for developing the before the bill is due, instead of the proceeds via stored value cards. These legislation we have before us. Pass this current 14 days, so cardholders can operations have revealed the cross-bor- bill, and we will be able to go home and avoid hefty late fees. It also stops cred- der movement of stored value cards tell our constituents with confidence it card companies from raising rates on loaded with millions of dollars of illicit that the Credit CARD Act of 2009 is a a consumer’s existing balance because proceeds. Numerous collateral inves- groundbreaking consumer protection of a payment issue with a separate tigations and enforcement actions have achievement. I am pleased that, as a credit card. These reforms will save been conducted as a result of these un- member of the Banking Committee, I some families thousands of dollars a dercover activities. was able to vote for the bill in com- year. And all Americans will be able to This is a loophole in our laws we need mittee and help pave the way for floor access better information to make im- to plug and the Collins-Lieberman consideration this week. portant financial decisions. amendment would do that. It would In my travels around Colorado, I I also want to take one moment in treat these cards as the equivalent of have been struck by stories of unfair, particular to highlight the importance cash because that is what they are. undeserved credit card practices, hit- of a new provision in the bill that con- That is what they are. It would require ting consumers at exactly the hardest nects the dots for some of our younger that, just as if you crossed the border time. Melissa Mosley of Durango, CO, borrowers. The bill provides for con- with $10,000 in cash or other monetary told me about how tough economic sumer literacy education classes, so instruments you have to declare it, so times forced her to use several credit that when a young person does not would you have to declare it if you cards for purchasing supplies and day- have a parental cosigner, and cannot have these stored value cards. In addi- to-day expenses for her small business. show ability to repay, they can at the tion, it would make a failure to report After a stretch of making minimum very least approach the credit card sys- the amount of money on these cards, if payments, Melissa’s interest rates sud- tem with some understanding of the it is $10,000 or more, as a crime, and it denly rose, one even reaching 32 per- potential dangers they are facing. I am would also make it a crime to launder cent. The company is refusing to nego- all for consumer choice, but we need money using these cards. tiate, making it even more difficult for our young people making informed This is a very concrete, needed action Melissa and her husband to make ends choices before they find themselves in that we could take to help crack down meet. a world of debt. on the smuggling of money that fuels And in Cedaredge, Joy Beason is a I believe more educated young con- the drug trafficking across the Mexican small business owner who runs a small sumers will stay solvent, stay debt border. It is a very practical step we herbal products business. Last fall, free, learn the value of saving, and can take right now to close a loophole Joy’s interest rates tripled from 7.9 make better decisions for their future. in the law and to provide law enforce- percent to 23 percent without notifica- At the same time, this legislation is ment with a much-needed tool. tion of any kind. The high interest not doing anything that the industry I know the managers of the bill are rates prevent her from paying down has not known was coming. It builds on not on the floor at present so I will more of the principal on the card, leav- rules that the Bush administration withhold asking for a vote on this ing her in an endless cycle of debt. scheduled to go into effect in mid–2010.

VerDate Nov 24 2008 01:14 May 14, 2009 Jkt 079060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\G13MY6.052 S13MYPT1 jbell on PROD1PC69 with SENATE S5428 CONGRESSIONAL RECORD — SENATE May 13, 2009 The industry will adjust. In a few in- work of this committee since the mo- around the Christmas season, the stances, it may not be seamless. But ment he arrived. I thank him for that Moores found that their interest rate this is one moment when we all need to and appreciate his continuing involve- went from 12 percent to 27 percent; band together and remember that Main ment. I am grateful to the Senator for their credit limit from $32,000 to $4,000. Street matters. his support of this bill. I look forward The Moores run a small business in People in Colorado are struggling, to working with him for a long time to my State. They use their credit card as they cannot afford a sudden hike in come on these and other matters before a way to function in their small busi- their interest rates that they were not the committee. I thank the Senator. ness. They pay their employees; they informed of and could not do anything I want to also kind of review the bid- buy inventory. Without any real viola- to avoid. No longer. I stand proudly ding a bit as to where we are this tion other than to be a few days late with Senator UDALL, who has worked evening. I will begin by thanking the for the first time in 40 years, the to protect consumers from credit card majority leader, Senator HARRY REID Moores watched their rate double, company excesses for years, in urging of Nevada, who has created the possi- more than double, from 12 percent to 27 the full Senate to stand together, bility for us to bring up this important percent and watched their credit limit break through the partisan divide and piece of legislation. drop from $32,000 to $4,000. come together and pass the Dodd-Shel- While my name and that of Senator That is the kind of behavior that is by legislation. SHELBY are at the top of the page as not the rare exception. Virtually every The PRESIDING OFFICER. The Sen- the authors of the substitute, that is one of my colleagues can tell similar ator from Connecticut is recognized. an unfair characterization because so stories about people in their States. Mr. DODD. Mr. President, before our many people have been involved on our I know the Presiding Officer could as colleague from Colorado departs the committee, and others in this Cham- well from the State of Illinois. May 13, floor, I want to thank him. I mentioned ber, who care about these issues and as we gather a day or so away from Senator BENNET earlier today in my have for a long time. adopting legislation that will prohibit comments about some new additional I am very grateful to Senator SHEL- those practices, that you cannot Members: Senator MERKLEY and Sen- BY, with whom I work very closely on change these rates arbitrarily. You get ator WARNER. the Banking Committee, and his staff notice of 45 days. These introductory I say to the people of Colorado, as I and how well they work with mine in rates have to be in place for at least 6 did earlier about our colleague from helping to shape a bill like this, a sub- months before you can change them. Oregon, we are so fortunate to have the stitute like this. You must notify a person of late pen- Senator in the Chamber at this time. I We are dealing with some very egre- alties or fees 21 days in advance, giving feel particularly fortunate to have the gious violations of consumer protec- people opportunity to respond; no Senator as a member of the Banking tion. They did not happen overnight; charging higher interest rates on exist- Committee. I served on the committee they have been growing over the years; ing balances the way they do today; no for some years. I have never been and they reached a point where I can- raising rates because you may be late chairman before 2007, the last Con- not think of anyone who has not been on a utility bill or a car payment hav- gress. I have served under a lot of peo- either affected directly themselves or ing nothing to do with your credit ple on that committee over the years. had family members or children or card; no continuing to charge rates I hope not just the people of Colorado their parents or neighbors and friends when you have paid off a substantial but the people of the country under- adversely affected by these practices part of your balance and a small stand how fortunate we are indeed to by the issuing community generally. amount remains and yet the card ap- have someone of MICHAEL BENNET’s tal- There are some who do a very good plies that interest payment on the en- ents and background to be a member of job. I probably should say this more tire amount you owed earlier. this committee. He is a junior member frequently. We talk about the credit For example, you owe $1,000, you pay of the committee, but his ideas, his card issuers, the credit card companies. off $900, the credit card companies were thoughts, his questions, and his par- The behavior is not only unacceptable, actually charging interest rates not ticipation qualify him as a senior it is not only irresponsible, it is offen- based on the $100 that remains but on member of that committee because of sive. There are other ones that do a the full $1,000 until all of it is paid off. the contribution he has already made good job. Those are not isolated examples of in little more than 100 days of being on Like all matters before us, when we abuses by credit card companies. They the committee. talk about an industry, there are those are widespread. There are other such So I thank him for his involvement who perform admirably and well and examples that go on that have been on this bill. He is thoughtful. We have care about the people they serve, and very harmful to consumers. some major issues to grapple with in there are others who could care less In this legislation, we give the con- the coming weeks. The modernization what happens as long as they get sumer the power to decide what the of our financial regulatory structure money out of the pockets of those to circumstances are as to whether they and the architecture of that is going to whom they have lent some money. want a credit limit or whether they be one of the largest and most impor- But we write laws to protect those want that limit to be exceeded. I re- tant debates this committee and people against those who would do member the days not long ago when if maybe this Congress will have engaged them harm. So we are trying to shut you exceeded your credit limit, the in in years, considering how important down a practice that goes on too often: clerk in that store or that waiter in financial services are to our economy when there are 70 million accounts the restaurant might politely suggest and the world’s financial stability. whose rates have gone up in an 11- the credit limit has been exceeded and MICHAEL BENNET brings to that chair month period; when there are fees and you might want to return the product. he sits in as a junior member of the penalties that have brought in billions It is more difficult in a restaurant committee years of valuable experience of dollars, exorbitant fees and pen- since the bill usually arrives at the end in helping us decide what steps we alties, way beyond any proportionality of the meal, but, nonetheless, I am sure should take, the configuration that ar- to the offense committed—of being a many who may be listening can recall chitecture should be, so that we can day late, an hour late, in some cases, similar instances. That is no longer the move ahead with thoughtfulness and for the first time ever. case because the issuing companies with a certain amount of care and cau- Samantha and Don Moore from Guil- have discovered they make a lot more tion as we try to set up a system that ford, CT, were here today to talk about money by charging exorbitant fees and will avoid the pitfalls that created the their experience. I have listened to penalties because you might be $10 or problems we are in today. them in the past. It showed courage for $20 or $50 over your limit. So I am particularly grateful to him them to step up. For 40 years—40 The point there is a legitimacy in for his involvement on this bill. But I years—Don Moore has been doing busi- their mind to absolutely load you up would be remiss if I did not say to my ness with his credit card company, 40 with penalties and fees. In fact, they colleague, MICHAEL BENNET, he has years. Without any violation, any late welcome the opportunity that you may been a significant contributor to the fees whatever, one time 3 days late, be a little bit over your credit limit,

VerDate Nov 24 2008 01:14 May 14, 2009 Jkt 079060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\A13MY6.019 S13MYPT1 jbell on PROD1PC69 with SENATE May 13, 2009 CONGRESSIONAL RECORD — SENATE S5429 rather than being responsible and giv- and Republicans, Senator SHELBY, MEASURING PROGRESS IN ing you the opportunity to decide former chairman of the committee. We AFGHANISTAN AND PAKISTAN whether you want to actually acquire got it out of committee by one vote. Tonight I rise to discuss the adminis- that particular good or purchase. The Presiding Officer is a member of tration’s supplemental funding request Today we have changed that. We let the committee. By a vote of 11 to 12 we for the ongoing challenges in Afghani- the consumer decide. We begin by say- happen to be here. We would have lost stan and Pakistan. The administration ing there will be credit limits. If you this issue had we lost one other vote. is putting in place a new strategy for want to opt out of that, you can. But it But our colleagues in the committee that region, and it comes at a crucial gives you the opportunity to be noti- stood with us and, by the thinnest of time. U.S. diplomats, military service- fied when you are going to exceed that margins, we were given the right to be members, humanitarian groups, and limit so you don’t find yourself behind here tonight to talk about this. our coalition partners have all worked the 8 ball and paying penalties you The vote of this body will be far to battle terrorists and establish more would rather not pay and would like to greater than a one-vote margin when it stability in that region since the ter- be notified when that is the case. comes to passing this legislation. We rorist attacks of 9/11. Yet today, al- Imagine this: Here we are a decade have an American President who has Qaida and the Taliban, along with into the 21st century. My 7-year-old been utilizing the Office of the Presi- other extremist allies, remain a desta- runs a computer at home. My 4-year- dency to talk about this issue. He has bilizing and dangerous force. Across old is trying to figure it out. Credit had press conferences, met with con- the region, there is too much violence, card companies want to charge fees if sumers. He talked about it on his radio too much social and economic turmoil, you pay your bills electronically. You broadcast on Saturday. He is creating and too little opportunity in the lives can file your income taxes, you can en- the kind of environment where this of the Afghan-Pakistani people. gage in all sorts of economic behavior legislation will become the law of the The administration’s strategy is un- through the Internet today. But credit land. dergoing modifications as we speak. I card companies want to penalize you if I may not get many more opportuni- support the move this week by Defense you pay your bills electronically or by ties, with the amendments to be con- Secretary Gates to select a new United phone or by some other means other sidered tomorrow, to address the over- States military commander for Af- than mail. Again, it is a further egre- all consideration of this bill. ghanistan. In my view, it is vitally im- gious example of an industry that is Let me say that to the card compa- portant we get both the evolving strat- more interested in trying to trip you nies as well, I appreciate the fact that egy right and that we have the right up, trying to make it more costly for they have been at the table as we have way to assess the strategy going for- you to use their cards than they are worked through this. I have not iso- ward. Since early this year, I have pressed trying to assist you economically. lated them. I allowed them to make I could go on for the entire rest of their cases where we were doing things the administration and military offi- the evening citing story after story in that may have gone further in terms of cials on the issue of developing my State, as I am sure every other serving the needs of our consumers and progress measurements for Afghani- stan and Pakistan. I have been pleased Member could, examples of abusive, constituents. This is a bipartisan bill. to hear their support. We have heard outrageous behavior. That is something I try to achieve on the administration is developing stand- We have spent a long time over these every matter I am involved in directly. ards and measurements to evaluate a last number of weeks and months talk- I don’t think you can do much in this strategy for the region, at least inter- ing about what needs to be done to get Chamber without having to reach out nally. We need to go further. banks and other financial institutions to each other and listen. We have done My purpose is straightforward. It is in shape. I don’t regret that. That was that. an outgrowth of bipartisan work that I the right thing to do. But it is long To Senator SHELBY’s great credit, he undertook several years ago during the overdue that we also try to do some- has joined in this effort so we have the war in Iraq. I was troubled because thing on behalf of the people who uti- bipartisanship our colleagues seek. I many people seemed to be looking at lize these services, whether it is trying believe we will pass this legislation and the same set of facts during several to mitigate foreclosure of their homes provide some relief for the people of sessions of terrible violence, but one or trying to see to it they don’t get our country at a time when they need group concluded that we were losing ripped off by a credit card company. In it desperately. There has never been a while another determined we were win- the next 48 hours, we are going to do moment in recent past history when ning. In response, I helped draft bipar- that for the first time in the history of constituents and the citizens of this tisan legislation with Senators JOHN this body. country needed more help from their WARNER, SUSAN COLLINS, and Senator Twenty years ago, I started on this Government, whether it is home fore- CARL LEVIN that Congress approved issue. I never got much more than 30 closures, a loss of jobs, tuition, health and President Bush signed into law. We votes. When the bankruptcy reform bill care problems—all of those issues are established 18 benchmarks or measure- was up, I tried to deal with credit affecting millions of people. While this ments of economic, military, and diplo- cards. It got 32 votes. I tried to do some bill will not solve all the problems, for matic efforts in Iraq. The benchmarks of the things for which I believe we will the first time ever it will provide some helped Congress and the American peo- have an overwhelming vote in the next relief in a very important area—the ple gain a better understanding of our day or so. I believe our constituents availability of credit and the use of successes and our challenges in Iraq. will welcome the fact that the Senate credit cards and the need that people They helped play down a partisan de- of the United States, along with the have on a daily basis to have access to bate over whether we were winning or other body which has acted on this that credit to provide for themselves losing. issue already, is responding to their and their families. One important point I would like to concerns. They are talking about it I see my good friend and colleague make tonight is we didn’t dictate what every day. They are wondering whether from Nebraska. the benchmarks should be. They were their interests will be part of this de- I yield the floor. suggested by the administration, mili- bate. This bill may not do everything The PRESIDING OFFICER. The Sen- tary leaders, and the Iraqi Govern- everyone would like, but I believe it is ator from Nebraska. ment. We did require the administra- a major step in the right direction. It Mr. NELSON of Nebraska. I thank tion report to Congress, and the report- addresses many of the major concerns my colleague from Connecticut and ex- ing provided valuable and objective in- raised over these many weeks and tend to him appreciation for an out- formation to the American people months and years that these matters standing job with this credit card bill. about how things were going in Iraq, have been growing in terms of their im- He has done outstanding work bringing from efforts to reduce insurgent at- pact on people and their ability to sur- the parties together, putting together tacks to the Iraqi Government working vive on a daily basis economically. a bipartisan effort. I congratulate him out distribution of oil royalties. Again, I thank my colleagues from on that and look forward to having him Just as I didn’t support tying the pre- the Banking Committee, Democrats move forward. vious administration’s hands in Iraq by

VerDate Nov 24 2008 01:14 May 14, 2009 Jkt 079060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\G13MY6.055 S13MYPT1 jbell on PROD1PC69 with SENATE S5430 CONGRESSIONAL RECORD — SENATE May 13, 2009 setting arbitrary time lines for troop MORNING BUSINESS ture—shared by three million Ameri- withdrawal or dictating specific meas- Mr. DODD. Mr. President, I ask unan- cans of Greek descent—to the United ures in progress, I don’t support that imous consent that the Senate proceed States and our Government. While the approach with this administration ei- to a period of morning business, with U.S. and Greece are strategic partners, ther. Still, I will continue working Senators permitted to speak for up to working in concert on a host of issues with this administration to bring spe- 10 minutes each. from Afghanistan to anti-piracy oper- cific progress measures or benchmarks The PRESIDING OFFICER. Without ations, our shared values transcend our out into the public eye. objection, it is so ordered. interests, and we hold in common a Last week I wrote a letter to Senate longstanding respect for democracy f Appropriations Committee Chairman and freedom, whether in Boston or in INOUYE and Ranking Member COCHRAN TRIBUTE TO MARTIN SINNOTT Athens. urging them to include a requirement Mr. DURBIN. I rise today to con- During his tenure, Ambassador for progress measurements in the fiscal gratulate Martin Sinnott on his retire- Mallias was particularly active with year 2009 supplemental appropriations ment as president and CEO of Kids Congress, and held many presentations bill. I was pleased to learn today that Hope United. Throughout his career, and briefings for Senators, Members of the committee markup of the supple- Marty served Illinois’ children and Congress and their staffs. I especially mental bill we are scheduled to take up families, first at the Illinois Depart- appreciate his efforts in helping make tomorrow does include the two ele- ment of Children and Family Services, the recent visit of Greece’s Foreign ments I have sought. I understand that then The Youth Campus, and finally Minister, Dora Bakoyannis, whom I the bill will require the President to Kids Hope United. After 30 years of suc- had the pleasure to host at a Working submit an initial report to Congress cess in the nonprofit social services, Coffee of the Foreign Relations Com- this year and subsequent reports to as- Mr. Sinnott is ready for a change of mittee, so productive. The Ambassador sess whether the Governments of Af- pace. was also involved with think tanks, ad- ghanistan and Pakistan are doing Marty Sinnott is a native Chicagoan. vocacy groups, grassroots organiza- enough toward continuing the Presi- He earned his undergraduate and grad- tions and universities, traveling widely dent’s new strategy. In short, are they uate degrees from the University of in the U.S. to engage civic leaders, doing their part? Chicago. His first job after college was Greek Americans, students and other The bill also outlines general areas with the Illinois Department of Chil- people on important bilateral issues. to measure the success of that strategy dren and Family Services. There, he His work with Jewish and African or what I refer to as benchmarks. started as a social worker and over the American communities was also sig- Timely and regular status reports will course of ten years rose to become ad- nificant, earning him numerous com- enable the American people to gain an ministrator of resource development mendations, including a Martin Luther understanding of whether the strategy and utilization. King Award. Many of us in Congress will miss his is working or should be altered. In fact, After Marty left DCFS, he continued it will be transparent. fine work and I wish him the very best. his work on behalf of needy Illinois I look forward to the administration children as president and CEO of The f defining more clearly the progress measures to evaluate that strategy and Youth Campus, a child welfare agency TRAVEL PROMOTION ACT OF 2009 to them becoming public. We all want in Chicago. During his tenure at The Mr. DORGAN. Mr. President, yester- the mission of the United States in Af- Youth Campus, he increased the orga- day I introduced, with Senators EN- ghanistan and Pakistan to succeed. nization’s revenues from $1 million to SIGN, INOUYE, MARTINEZ, KLOBUCHAR, The more we know about whether we $13 million. And more importantly, he and others, the Travel Promotion Act are achieving goals tied to the mission, led the organization’s growth so it was of 2009. We seek with this bill to in- the more Congress and the American serving six times as many kids. crease travel to the U.S. and rebuild public will be able to support our mili- Since 1999, Marty has been with Kids the country’s place in the global travel tary, economic, and diplomatic efforts Hope United, a Chicago-based private market. After 9/11, the number of over- going forward. For too long our stand- nonprofit child and family services seas travelers to the U.S. decreased ards to measure success in Iraq were agency. As chairman and CEO, Mr. dramatically and has still not recov- vaguely defined. That led the to par- Sinnott led a multistate expansion ered. In addition, the current U.S. eco- tisan disputes over U.S. strategy and that tripled revenues and, again, in- nomic downturn has caused many uncertainty in the minds of the Amer- creased the number of children and American families to cut back on vaca- ican public. The controversies didn’t families the agency reached. Kids Hope tion plans and our travel industry is provide American servicemembers United now has a 900-person staff, an struggling. fighting the war with the unity of pur- annual operating budget of $55 million, Travel and tourism are a crucial part pose and support they deserve. Now in and a scope of services that reaches of our economy. Travel expenditures in Afghanistan and Pakistan, the Amer- families in Illinois, Missouri, Wis- the U.S. are estimated to be $775.9 bil- ican people should receive a clear ex- consin, and Florida. lion for 2008. Yet other countries have planation of the mission, an objective I commend Marty Sinnott for his gained market share to our detriment. set of measures by which to evaluate it decades of service to the children and Foreign travelers are going elsewhere. going forward, and regular status re- families of Illinois. Congratulations go The absence of Federal leadership in ports on the mission’s progress. out to him and his family on his retire- travel promotion has resulted in States As the Federal Government asks for ment from Kids Hope United. We wish having to step in to fill that void. An further sacrifice from our citizens and you many years of continued success. example is the effort made by my home as we are forced to continue putting f State of North Dakota, where tourism our men and women in uniform in is the State’s second largest industry. DEPARTURE OF GREECE’S Research by North Dakota State Uni- harm’s way, Congress must provide all AMBASSADOR TO THE U.S. available tools to achieve success. We versity found that in 2007 out-of-State should provide nothing less. Mr. KERRY. Mr. President, through visitors spent $3.96 billion in North Da- I yield the floor and suggest the ab- my duties in the Senate I have an op- kota. The investment that North Da- sence of a quorum. portunity to work with many foreign kota made to encourage travel and The PRESIDING OFFICER (Mr. BEN- ambassadors to the United States. I tourism has reaped enormous benefits. NET). The clerk will call the roll. rise today to mention the contribu- But we can only imagine how many The legislative clerk proceeded to tions of one ambassador who is leaving tourists would enjoy each of our States call the roll. Washington and returning to Athens, if we did not just leave the promotion Mr. DODD. Mr. President, I ask unan- Greece, to serve his country at the For- to the States, but made that invest- imous consent that the order for the eign Ministry: Ambassador Alexandros ment as a Country. quorum call be rescinded. Mallias. The lack of a coordinated Federal The PRESIDING OFFICER. Without Ambassador Mallias worked hard to campaign creates a comparative dis- objection, it is so ordered. represent Greece and its historic cul- advantage with countries that have

VerDate Nov 24 2008 02:21 May 14, 2009 Jkt 079060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\G13MY6.056 S13MYPT1 jbell on PROD1PC69 with SENATE May 13, 2009 CONGRESSIONAL RECORD — SENATE S5431 centralize ministries or offices to en- Not too long ago, I was considering pur- specific quantities of a commodity at a spec- courage international travel to their chase of a residential solar array. I have read ified price with delivery set at a specified countries. The example of North Da- examples about people in other states (Cali- time in the future. What is the Problem with Oil?—There is a kota should be a lesson for the entire fornia, Massachusetts, etc.) who had imple- mented a solar array at home (including an significant disconnect between the paper country. The U.S. offers unique and di- inverter), which enabled them to generate market for oil (speculators) and the physical verse destinations for travelers—a some of their own power/electricity. Most market for oil (consumers). In recent years, small investment in national coordina- importantly, they are able to sell their ex- speculators have taken advantage of actual tion has the potential to create a sig- cess power via the inverter to the grid when consumers of oil by bidding up the price for nificant windfall for our economy. they are not using it. This is an equal rate, futures contracts. If a speculator purchases a The Travel Promotion Act of 2009 meaning that the utility company would buy contract for delivery of oil at a high price six will promote travel to the U.S., includ- it at whatever their current rate was at that or 12 months in the future but has no inten- tion of actually taking delivery of the oil in ing areas not traditionally visited, time of day. Basically, your electricity meter spins backwards according to the that contract, then a physical customer who highlighting the U.S. as a premier amount you contribute to the utility. In this needs that oil—to deliver home heating oil, travel destination. The bill will im- way, people are able to ‘‘bank’’ kilowatts to operate trucks or airplanes, or even to prove communication of U.S. travel into the grid so that the power they used at process in a refinery—will be forced to pay policies and perceptions of the proc- night was somewhat paid for (depending on the higher price in order to obtain the oil ess—negative perceptions can often the size of their array, rate of usage and that is needed. How Do They Get Away with That?—In- deter foreigners from traveling here. amount of sunshine available, obviously). After talking to some people locally, I creasingly, sophisticated institutional inves- Our communities will benefit from tors have managed to manipulate the rules growth of this multibillion-dollar in- have heard that Idaho Power does not have anything remotely like this policy in place. and regulations governing commodities transactions through a series of exemptions dustry—with an increase in visitors In fact, it sounded like they are only re- and waivers, including the so-called ‘‘Enron they will experience an expansion of quired to pay 50% the value of the power loophole,’’ low margin requirements and the jobs and local economies. your array might generate and feed to the dodging of U.S. public disclosure require- The bill initiates a nationally coordi- grid via your inverter, and only for a set vol- ments. These complex arrangements have a nated travel promotion campaign es- ume. After reaching a particular level, the similar impact: They put people engaged in utility would be capturing a lot of that resi- tablished in a public-private partner- oil-related businesses at a disadvantage with dent provider’s power for free. This appears ship to increase international travel to those who gamble relatively small sums that to be an unfair practice to me, and really the United States. It creates a Corpora- the price of oil will increase out of propor- tramples on any incentive for buying and im- tion for Travel Promotion, an inde- tion to marketplace demands. If that hap- plementing a residential solar array. There pendent, nonprofit corporation, to run pens, as it has regularly over the past few is a federal tax credit available, but that just years, those who need oil for their businesses the travel promotion campaign. The addresses start-up costs, not long-term usage program will be funded equally by a pay a premium, which is passed on to you— and maintenance. the consumer. small fee paid by foreign travelers vis- I am no energy expert and do not claim to What Can Government Do Now?—In the iting the U.S. and matching contribu- have validated all of the data I put forth near term, Congress needs to address the im- tions from the travel industry. above, but I am very interested in pursuing pact of unchecked speculation in the com- This is a great country, and we a solar-energy based solution to cut my long- modities market. should welcome visitors to our shores term energy costs. Given the days of sun per Commodities trading is overseen by a year in southwest Idaho, this seems like a small, but very powerful government agency to meet our people and experience our no-brainer. culture. known as the Commodities Futures Trading Please tell me about your position on resi- Commission (CFTC). Congress can require f dential solar energy implementation prac- the CFTC to implement a host of controls IDAHOANS SPEAK OUT ON HIGH tices here in Idaho, and specifically how you such as imposing limits on the quantity of would vote on a bill that would require our ENERGY PRICES commodities contracts speculators may pur- local energy provider (read: Idaho Power) to chase, closing the loopholes that allow spec- Mr. CRAPO. Mr. President, in mid- fairly compensate residential energy pro- ulators to trade exempt from any govern- June, I asked Idahoans to share with viders, using the scenario I mentioned above. ment oversight or regulation, and requiring me how high energy prices are affect- This will directly impact how I vote in the reporting by those who are engaging in spec- ing their lives, and they responded by future. ulation. JOHN, Boise. the hundreds. The stories, numbering Experts say that closing regulatory loop- holes in the trading of commodity futures well over 1,200, are heartbreaking and Senator Crapo, this information seems to will result in a significant reduction in fuel touching. While energy prices have be right on. I hope you will take the time to prices. dropped following the submissions, read it. What’s Next?—Congress is expected to de- those prices are now on the way back MARY, Sandpoint. bate some of these issues in the next few up and the concerns expressed remain Dear Mary, weeks and it is urgent that they hear your very relevant. To respect the efforts of On several occasions in the past few voice. To facilitate public participation in those who took the opportunity to months, I have written about the impact of the debate over speculators, we have skyrocketing fuel prices on airline cus- launched a broad-based coalition, S.O.S. share their thoughts, I am submitting NOW, that provides a wide array of informa- every e-mail sent to me through an ad- tomers—in their daily lives and when they travel (Final Approach May 1 and Final Ap- tion on speculation and its impact on the dress set up specifically for this pur- proach May 28). In the long run, to lower oil price we all pay for oil. S.O.S. NOW stands pose to the CONGRESSIONAL RECORD. prices for all Americans, we need to increase for Stop Oil Speculation Now, and we Today marks the last of the submis- domestic supply, increase exploration, alter- urge you to go to the Web site sions, a process that has taken approxi- native energy sources and conservation. www.stopoilspeculationnow.com and send a mately ten months to complete. But However, one near-term solution to the prob- message to Congress about oil speculation. this concern—our national energy pol- lem is for government to investigate and AIR TRANSPORT ASSOCIATION. icy—is not an issue that will be easily rein in oil speculators. f resolved, but it is one that deserves im- What is the Commodities Market?—Com- modities are raw materials purchased by ADDITIONAL STATEMENTS mediate and serious attention, and Ida- manufacturers of finished products such as hoans deserve to be heard. These sto- food manufacturers, oil refiners or builders. ries not only detail their struggles to Businesses that are highly dependent on TRIBUTE TO DR. KANU meet everyday expenses, but also have oil—refineries, heating oil dealers, airlines CHATTERJEE suggestions and recommendations as to and trucking companies among others—less- ∑ Mrs. BOXER. Mr. President, I am what Congress can do now to tackle en their risk of significant price fluctuations pleased to pay tribute to world-re- this problem and find solutions that by purchasing future delivery contracts at nowned cardiologist Kanu Chatterjee last beyond today. I ask unanimous predetermined prices in what is known as as he retires from the University of the commodities or futures markets. The consent to have today’s letters printed two largest U.S. commodities markets or fu- California at San Francisco—UCSF— in the RECORD. tures exchanges are the Chicago Mercantile Medical Center after 34 years of dedi- There being no objection, the mate- Exchange and the New York Mercantile Ex- cated service. rial was ordered to be printed in the change, where people trade standardized fu- Dr. Chatterjee was born in what is RECORD, as follows: tures contracts; that is, a contract to buy now Bangladesh and moved with his

VerDate Nov 24 2008 02:30 May 14, 2009 Jkt 079060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\A13MY6.020 S13MYPT1 jbell on PROD1PC69 with SENATE S5432 CONGRESSIONAL RECORD — SENATE May 13, 2009 family to Calcutta, where they re- aide and earned a full-time position on Medical Center, The Christopher Home mained unsettled for many years. His the force in 1999. He held positions in and the Caribou Historical Society are father passed away just before he grad- patrol, special operations motors and just a few of the many grateful County uated from R.G. Kar Medical College in special operations for DUI traffic homi- charities that have benefitted im- 1956. To support his family, he took the cide. He was named Hollywood Police mensely from the Nobles’ friendship job of medical officer at the IISCO Hos- Department’s ‘‘Officer of the Month’’ and contributions. Perhaps their most pital at Burnpur. In 1963, Dr. in October of 2003 and a finalist for the notable work has been their advocacy Chatterjee left India for the United 2003 ‘‘Officer of the Year.’’ His col- and determination on behalf of the Kingdom to further his studies. In 1971, leagues knew him for his sense of Northern Maine Veteran’s Cemetery in he was recruited to direct the inpatient humor, his likability, and his love for Caribou. cardiology service at Cedars-Sinai the job. The idea for Maine’s northernmost Medical Center in Los Angeles. Dr. Alex’s mother Miriam Fernandez has veterans cemetery was first proposed Chatterjee joined the UCSF Medical turned her personal tragedy into oppor- in 1998. After serious study that found Center staff in 1975 as director of the tunities for others by establishing the overwhelming support among the com- cardiac care unit and associate chief of Alex Del Rio Foundation. The founda- munity, the initial approval was given cardiology, where he became the Er- tion aims to enrich the lives of chil- by the governor in February 1999. In nest Gallo Distinguished Professor of dren in south Florida by providing the spring of that year, the Northern Medicine in the division of cardiology. scholarships and promoting the ideals Maine Veterans Commemorative Ceme- A beloved physician, teacher, and re- Alex embodied. tery Corporation was formed to oversee searcher, Dr. Chatterjee has worked His commitment to serving others all aspects of the cemetery’s develop- tirelessly over the last 30-plus years in has touched not only those in Holly- ment. the fields of diagnosing and managing wood but also those who work in law John Noble, an honorably discharged coronary artery disease, heart failure, enforcement in other States. Officer veteran himself and his wife Joyce, and pulmonary hypertension. He is also James E. Manley from the town of who also admirably supported her hus- a world-renowned researcher in vas- Lloyd, NY, was so inspired by Alex’s band’s service to our country with stal- cular reactivity and heart failure and story that he has decided to ride more wart dedication, certainly felt a par- has pioneered the study of drugs, such than 300 miles to be here in Wash- ticular kinship to the development of as ACE inhibitors and vasodilators, ington in Alex’s honor. Officer Manley an appropriate resting place for our na- that have become the standard of care will join Alex’s family and others this tional heroes. In order to ensure that for heart failure. With such a long- week in a candlelight vigil and memo- the dream of so many veterans became standing list of professional accom- rial service for fallen officers at the a reality, John and Joyce Noble plishments, it is all the more touching National Law Enforcement Memorial. I stepped forward to offer 33.4 acres of to hear Dr. Chatterjee’s patients speak join them in honoring Alex and the their own land for use by the Corpora- with genuine gratitude and heartfelt many other men and women of our na- tion. Their heartfelt contribution expe- emotion about his expertise and com- tion’s law enforcement agencies who dited the plans for the Northern Maine passion. have given their lives protecting and Veteran’s Cemetery and the seeds of As Dr. Chatterjee prepares to move serving our communities.∑ charitable giving had taken root, fa- on to his new half-time position at the f cilitating a grassroots effort that cul- University of Iowa in Iowa City, I wish minated in what is today a regal and HONORING JOHN T. NOBLE him many more years of continued honored resting place for our most de- TRUCKING leadership and success in the field of serving men and women who served cardiology. ∑ Ms. SNOWE. Mr. President, later this this country with honor and distinc- I commend Dr. Chatterjee for his 34 month, we will pause to commemorate tion. years of dedicated service to the UCSF those men and women who have given The Nobles’ ongoing efforts inspired Medical Center community. Along with the ultimate sacrifice to defend our Na- a can-do spirit that sparked a dedi- his friends and admirers throughout tion and the freedoms we enjoy. On Me- cated group of volunteers into deter- the San Francisco Bay area, I thank morial Day, families of our fallen mined action. With the cemetery fac- him for his tireless efforts and wish members of the Armed Forces visit the ing a delay in state funding, the Nobles him the best as he embarks on the next graves of their loved ones throughout offered to help with the construction phase of his remarkable life.∑ our Nation, often at veteran’s ceme- and maintenance of the cemetery’s f teries, to remember our fallen heroes. I lands until the funds became available. rise today with tremendous gratitude Additionally, the Nobles helped make REMEMBERING ALEX DEL RIO to recognize the generosity of two the cemetery more private and solemn ∑ Mr. MARTINEZ. Mr. President, every Mainers, John and Joyce Noble, and by planting trees around its perimeter. day, law enforcement officers across their business, John T. Noble Truck- When the cemetery was finally dedi- the Nation make tremendous sacrifices ing, for their dedicated efforts in sup- cated on June 1, 2003, the Nobles had to fight crime and keep our commu- porting the creation of the Northern left a substantial mark on this sacred nities safe. On November 22, 2008, one Maine Veteran’s Cemetery as a place of place and continue to support it today. of those officers tragically lost his life rest for thousands of Maine’s bravest. An extraordinarily modest couple, while serving in the line of duty. The John T. Noble Trucking, a thriving John and Joyce Noble have made sig- officer was 31-year-old Alex Del Rio, a business since 1957, is located in the nificant contributions to the appear- Florida native, a loving son, and an Aroostook county city of Caribou. A ance and well-being of Caribou. Their outstanding member of the Hollywood, multifaceted company, Noble Trucking beautiful gesture of kindness resulted FL, police department. provides its customers with a wide va- in a respectable final resting place for Although Alex’s life ended just 2 riety of services, including landscaping those who gave our Nation the fullest months short of his 32nd birthday, he services, commercial deliveries of fuel measure of commitment. It is their lived his life to the fullest. He was born products as well as truck maintenance, selfless spirit and magnanimous nature in Miami and attended Winston Park welding, painting, and body repair. that have made them stand out in the Elementary in Miami and McMillian Mr. and Mrs. Noble are well known in Caribou community for years. I thank Middle School in Kendall. At the the Caribou community for their phil- Mr. and Mrs. Noble for their incredible MAST Academy High School in Miami, anthropic initiatives. The Nobles have generosity, and wish them and their Alex was a tremendous student, a donated to countless causes within company, John T. Noble Trucking, member of the JROTC Color Guard, their community, and in characteristic much success for years to come.∑ and known by his friends as someone Aroostook County fashion, have made f who always did the right thing. many of these donations on the condi- After joining the Hollywood Police tion of anonymity. Organizations like MESSAGE FROM THE HOUSE Department in 1996, Alex began his ca- the Caribou Recreation Department, At 5:01 p.m., a message from the reer as a part-time community service the Northern Maine Fairgrounds, Cary House of Representatives, delivered by

VerDate Nov 24 2008 01:14 May 14, 2009 Jkt 079060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\G13MY6.039 S13MYPT1 jbell on PROD1PC69 with SENATE May 13, 2009 CONGRESSIONAL RECORD — SENATE S5433 Mr. Zapata, one of its reading clerks, Committee on Commerce, Science, and National Marine Fisheries Service, Depart- announced that the House has passed Transportation. ment of Commerce, transmitting, pursuant the following bills, in which it requests EC–1555. A communication from the Chief to law, the report of a rule entitled ‘‘Fish- of Staff, Media Bureau, Federal Communica- eries of the Exclusive Economic Zone Off the concurrence of the Senate: tions Commission, transmitting, pursuant to Alaska; Pollock in the West Yakutat Dis- H.R. 23. An act to amend title 38, United law, the report of a rule entitled ‘‘Amend- trict of the Gulf of Alaska’’ (RIN0648–XO30) States Code, to direct the Secretary of Vet- ment of Section 73.202(b), Table of Allot- received in the Office of the President of the erans Affairs to establish the Merchant Mar- ments, FM Broadcast Stations (Oolitic and Senate on May 1, 2009; to the Committee on iner Equity Compensation Fund to provide Worthington, Indiana)’’ (MB Docket No. 07– Commerce, Science, and Transportation. benefits to certain individuals who served in 125) received in the Office of the President of EC–1564. A communication from the Direc- the United States merchant marine (includ- the Senate on May 4, 2009; to the Committee tor of the Office of Sustainable Fisheries, ing the Army Transport Service and the on Commerce, Science, and Transportation. National Marine Fisheries Service, Depart- Naval Transport Service) during World War EC–1556. A communication from the Chief ment of Commerce, transmitting, pursuant II. of Staff, Media Bureau, Federal Communica- to law, the report of a rule entitled ‘‘Fish- H.R. 1178. An act to direct the Comptroller tions Commission, transmitting, pursuant to eries of the Exclusive Economic Zone Off General of the United States to conduct a law, the report of a rule entitled ‘‘Amend- Alaska; Pollock in the West Yakutat Dis- study on the use of Civil Air Patrol per- ment of Section 73.202(b), Table of Allot- trict of the Gulf of Alaska’’ (RIN0648–XO32) sonnel and resources to support homeland se- ments, FM Broadcast Stations (Kihei, Ha- received in the Office of the President of the curity missions, and for other purposes. waii)’’ (MB Docket No. 08–217) received in the Senate on May 1, 2009; to the Committee on H.R. 2020. An act to amend the High-Per- Office of the President of the Senate on May Commerce, Science, and Transportation. formance Computing Act of 1991 to authorize 4, 2009; to the Committee on Commerce, EC–1565. A communication from the Direc- activities for support of networking and in- Science, and Transportation. tor of the Office of Sustainable Fisheries, formation technology research, and for other EC–1557. A communication from the Chief National Marine Fisheries Service, Depart- purposes. of Staff, Media Bureau, Federal Communica- ment of Commerce, transmitting, pursuant tions Commission, transmitting, pursuant to to law, the report of a rule entitled ‘‘Fish- f law, the report of a rule entitled ‘‘Amend- eries of the Exclusive Economic Zone Off MEASURES REFERRED ment of Section 73.202(b), Table of Allot- Alaska; Pollock in the West Yakutat Dis- ments, FM Broadcast Stations (Cuba, Illi- trict of the Gulf of Alaska’’ (RIN0648–XO73) The following bills were read the first nois)’’ (MB Docket No. 07–175) received in the received in the Office of the President of the and the second times by unanimous Office of the President of the Senate on May Senate on May 1, 2009; to the Committee on consent, and referred as indicated: 4, 2009; to the Committee on Commerce, Commerce, Science, and Transportation. Science, and Transportation. H.R. 23. An act to amend title 38, United EC–1566. A communication from the Dep- EC–1558. A communication from the Chief uty Assistant Administrator for Operations, States Code, to direct the Secretary of Vet- of Staff, Media Bureau, Federal Communica- erans Affairs to establish the Merchant Mar- National Marine Fisheries Service, Depart- tions Commission, transmitting, pursuant to ment of Commerce, transmitting, pursuant iner Equity Compensation Fund to provide law, the report of a rule entitled ‘‘Amend- to law, the report of a rule entitled ‘‘Fish- benefits to certain individuals who served in ment of Section 73.202(b), Table of Allot- eries of the Exclusive Economic Zone Off the United States merchant marine (includ- ments, FM Broadcast Stations (Marquez, Alaska; Groundfish of the Gulf of Alaska; ing the Army Transport Service and the Texas)’’ (MB Docket No. 08–196) received in Correction’’ (RIN0648–AX01) received in the Naval Transport Service) during World War the Office of the President of the Senate on Office of the President of the Senate on May II; to the Committee on Veterans’ Affairs. May 4, 2009; to the Committee on Commerce, 1, 2009; to the Committee on Commerce, H.R. 1178. An act to direct the Comptroller Science, and Transportation. General of the United States to conduct a EC–1559. A communication from the Chief Science, and Transportation. EC–1567. A communication from the Dep- study on the use of Civil Air Patrol per- of Staff, Media Bureau, Federal Communica- uty Assistant Administrator for Regulatory sonnel and resources to support homeland se- tions Commission, transmitting, pursuant to Programs, National Marine Fisheries Serv- curity missions, and for other purposes; to law, the report of a rule entitled ‘‘Amend- the Committee on Homeland Security and ment of Section 73.622(i), Final DTV Table of ice, Department of Commerce, transmitting, Governmental Affairs. Allotments, Television Broadcast Stations pursuant to law, the report of a rule entitled H.R. 2020. An act to amend the High-Per- (Cadillac, Michigan)’’ (MB Docket No. 08–252) ‘‘Fisheries of the Exclusive Economic Zone formance Computing Act of 1991 to authorize received in the Office of the President of the Off Alaska; Revisions to the Pollock Trip activities for support of networking and in- Senate on May 4, 2009; to the Committee on Limit Regulations in the Gulf of Alaska’’ formation technology research, and for other Commerce, Science, and Transportation. (RIN0648–AW54) received in the Office of the purposes; to the Committee on Commerce, EC–1560. A communication from the Chief President of the Senate on May 1, 2009; to the Science, and Transportation. of Staff, Media Bureau, Federal Communica- Committee on Commerce, Science, and tions Commission, transmitting, pursuant to Transportation. f law, the report of a rule entitled ‘‘Amend- EC–1568. A communication from the Direc- ment of Section 73.622(i), Final DTV Table of tor of the Office of Sustainable Fisheries, EXECUTIVE AND OTHER National Marine Fisheries Service, Depart- COMMUNICATIONS Allotments, Television Broadcast Stations (Bryan, Texas)’’ (MB Docket No. 09–34) re- ment of Commerce, transmitting, pursuant The following communications were ceived in the Office of the President of the to law, the report of a rule entitled ‘‘Fish- laid before the Senate, together with Senate on May 4, 2009; to the Committee on eries of the Northeastern United States; At- accompanying papers, reports, and doc- Commerce, Science, and Transportation. lantic Herring Fishery; Total Allowable Catch Harvested for Management Area 2’’ uments, and were referred as indicated: EC–1561. A communication from the Direc- tor of the Office of Sustainable Fisheries, (RIN0648–XO47) received in the Office of the EC–1552. A communication from the Sec- National Marine Fisheries Service, Depart- President of the Senate on May 1, 2009; to the retary of Transportation, transmitting, pur- ment of Commerce, transmitting, pursuant Committee on Commerce, Science, and suant to law, the Department’s 2008 report to to law, the report of a rule entitled ‘‘Fish- Transportation. Congress on the Transportation Infrastruc- eries of the Exclusive Economic Zone Off EC–1569. A communication from the Dep- ture Finance and Innovation Act of 1998; to Alaska; Directed Fishing With Trawl Gear uty Assistant Administrator for Operations, the Committee on Commerce, Science, and by American Fisheries Act Catcher Proc- National Marine Fisheries Service, Depart- Transportation. essors in Bycatch Limitation Zone 1 of the ment of Commerce, transmitting, pursuant EC–1553. A communication from the Acting Bering Sea and Aleutian Islands Manage- to law, the report of a rule entitled ‘‘Magnu- Assistant Secretary for Export Administra- ment Area’’ (RIN0648–XO32) received in the son–Stevens Fishery Act Provisions; Fish- tion, Bureau of Industry and Security, De- Office of the President of the Senate on May eries of the Northeastern United States; partment of Commerce, transmitting, pursu- 1, 2009; to the Committee on Commerce, Northeast Multispecies Fishery; 2009 Georges ant to law, the report of a rule entitled ‘‘Re- Science, and Transportation. Bank Cod Hook Sector Operations Plan and moval of T 37 Jet Trainer Aircraft and Parts EC–1562. A communication from the Direc- Agreement, and Allocation of Georges Bank from the Commerce Control List’’ (RIN0694– tor of the Office of Sustainable Fisheries, Cod Total Allowable Catch’’ (RIN0648–XM11) AC74) received in the Office of the President National Marine Fisheries Service, Depart- received in the Office of the President of the of the Senate on May 4, 2009; to the Com- ment of Commerce, transmitting, pursuant Senate on May 1, 2009; to the Committee on mittee on Commerce, Science, and Transpor- to law, the report of a rule entitled Commerce, Science, and Transportation. tation. ‘‘Inseason Trip Limit Reduction for the Com- EC–1570. A communication from the Dep- EC–1554. A communication from the Chief mercial Fishery for Golden Tilefish for the uty Assistant Administrator for Operations, of Staff, Media Bureau, Federal Communica- 2009 Fishing Year’’ (RIN0648–XO46) received National Marine Fisheries Service, Depart- tions Commission, transmitting, pursuant to in the Office of the President of the Senate ment of Commerce, transmitting, pursuant law, the report of a rule entitled ‘‘Implemen- on May 1, 2009; to the Committee on Com- to law, the report of a rule entitled ‘‘Magnu- tation of the DTV Delay Act’’ (MB Docket merce, Science, and Transportation. son-Stevens Fishery Act Provisions; Fish- No. 09–17) received in the Office of the Presi- EC–1563. A communication from the Direc- eries of the Northeastern United States; dent of the Senate on May 4, 2009; to the tor of the Office of Sustainable Fisheries, Northeast Multispecies Fishery; 2009 Georges

VerDate Nov 24 2008 01:14 May 14, 2009 Jkt 079060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\A13MY6.027 S13MYPT1 jbell on PROD1PC69 with SENATE S5434 CONGRESSIONAL RECORD — SENATE May 13, 2009 Bank Cod Fixed Gear Sector Operations Plan D.C. Act 18-57, ‘‘Practice of Professional 2009; to the Committee on Homeland Secu- and Agreement, and Allocation of Georges Counseling and Addiction Counseling rity and Governmental Affairs. Bank Cod Total Allowable Catch’’ (RIN0648– Amendment Act of 2009’’ received in the Of- EC–1591. A communication from the Chair- XM12) received in the Office of the President fice of the President of the Senate on May 11, man, Council of the District of Columbia, of the Senate on May 1, 2009; to the Com- 2009; to the Committee on Homeland Secu- transmitting, pursuant to law, a report on mittee on Commerce, Science, and Transpor- rity and Governmental Affairs. D.C. Act 18-68, ‘‘Unemployment Compensa- tation. EC–1581. A communication from the Chair- tion Extended Benefits Temporary Amend- EC–1571. A communication from the Direc- man, Council of the District of Columbia, ment Act of 2009’’ received in the Office of tor of the Policy Issuances Division, Food transmitting, pursuant to law, a report on the President of the Senate on May 11, 2009; Safety and Inspection Service, Department D.C. Act 18-58, ‘‘Practice of Psychology to the Committee on Homeland Security and of Agriculture, transmitting, pursuant to Amendment Act of 2009’’ received in the Of- Governmental Affairs. law, the report of a rule entitled ‘‘Petitions fice of the President of the Senate on May 11, EC–1592. A communication from the Chair- for Rulemaking’’ (RIN0583–AC81) received in 2009; to the Committee on Homeland Secu- man, Council of the District of Columbia, the Office of the President of the Senate on rity and Governmental Affairs. transmitting, pursuant to law, a report on May 7, 2009; to the Committee on Agri- EC–1582. A communication from the Chair- D.C. Act 18-69, ‘‘Woodland Tigers Funding culture, Nutrition, and Forestry. man, Council of the District of Columbia, Clarification Temporary Amendment Act of EC–1572. A communication from the Sec- transmitting, pursuant to law, a report on 2009’’ received in the Office of the President retary of the Treasury, transmitting, pursu- D.C. Act 18-59, ‘‘Practice of Dentistry of the Senate on May 11, 2009; to the Com- ant to law, a six-month periodic report on Amendment Act of 2009’’ received in the Of- mittee on Homeland Security and Govern- the national emergency with respect to sta- fice of the President of the Senate on May 11, mental Affairs. bilization of Iraq that was declared in Execu- 2009; to the Committee on Homeland Secu- EC–1593. A communication from the Chair- tive Order 13303 of May 22, 2003; to the Com- rity and Governmental Affairs. man, Council of the District of Columbia, mittee on Banking, Housing, and Urban Af- EC–1583. A communication from the Chair- transmitting, pursuant to law, a report on fairs. man, Council of the District of Columbia, D.C. Act 18-70, ‘‘Jury and Marriage Amend- EC–1573. A communication from the Chair- transmitting, pursuant to law, a report on ment Act of 2009’’ received in the Office of man of the Federal Energy Regulatory Com- D.C. Act 18-60, ‘‘Practice of Podiatry Amend- the President of the Senate on May 11, 2009; mission, transmitting, pursuant to law, the ment Act of 2009’’ received in the Office of to the Committee on Homeland Security and Commission’s FY 2010 Congressional Per- the President of the Senate on May 11, 2009; Governmental Affairs. formance Budget Request; to the Committee to the Committee on Homeland Security and EC–1594. A communication from the Sec- on Energy and Natural Resources. Governmental Affairs. retary, Judicial Conference of the United EC–1574. A communication from the In- EC–1584. A communication from the Chair- States, transmitting, a report of a draft bill spector General, Railroad Retirement Board, man, Council of the District of Columbia, entitled ‘‘Federal Courts Jurisdiction and transmitting, pursuant to law, a report rel- transmitting, pursuant to law, a report on Venue Clarification Act of 2009’’; to the Com- ative to budget justification for the Board D.C. Act 18-62, ‘‘Practice of Nursing Amend- mittee on the Judiciary. for fiscal year 2010; to the Committee on ment Act of 2009’’ received in the Office of EC–1595. A communication from the Acting Health, Education, Labor, and Pensions. the President of the Senate on May 11, 2009; Assistant Administrator for Fisheries, Na- EC–1575. A communication from the Direc- to the Committee on Homeland Security and tional Marine Fisheries Service, Department tor of the Regulations Policy and Manage- Governmental Affairs. of Commerce, transmitting, pursuant to law, ment Staff, Food and Drug Administration, EC–1585. A communication from the Chair- the report of a rule entitled ‘‘2009 Groundfish Department of Health and Human Services, man, Council of the District of Columbia, Interim Final Rule’’ (RIN0648-AW87) received transmitting, pursuant to law, the report of transmitting, pursuant to law, a report on in the Office of the President of the Senate a rule entitled ‘‘Organ-Specific Warnings; In- D.C. Act 18-61, ‘‘Massage Therapy Amend- on May 11, 2009; to the Committee on Com- ternal Analgesic, Antipyretic, and ment Act of 2009’’ received in the Office of merce, Science, and Transportation. Antirheumatic Drug Products for Over-the- the President of the Senate on May 11, 2009; EC–1596. A communication from the Dep- Counter Human Use; Final Monograph’’ to the Committee on Homeland Security and uty Assistant Administrator for Regulatory (RIN0910–AF36) received in the Office of the Governmental Affairs. Programs, National Marine Fisheries Serv- President of the Senate on May 7, 2009; to the EC–1586. A communication from the Chair- ice, Department of Commerce, transmitting, Committee on Health, Education, Labor, and man, Council of the District of Columbia, pursuant to law, the report of a rule entitled Pensions. transmitting, pursuant to law, a report on ‘‘Pacific Halibut Fisheries; Catch Sharing EC–1576. A communication from the Direc- D.C. Act 18-63, ‘‘Practices of Medicine and Plan; Correction’’ (RIN0648-AX44) received in tor of the Regulations Policy and Manage- Naturopathic Medicine Amendment Act of the Office of the President of the Senate on ment Staff, Food and Drug Administration, 2009’’ received in the Office of the President May 11, 2009; to the Committee on Com- Department of Health and Human Services, of the Senate on May 11, 2009; to the Com- merce, Science, and Transportation. transmitting, pursuant to law, the report of mittee on Homeland Security and Govern- EC–1597. A communication from the Dep- a rule entitled ‘‘Substances Prohibited From mental Affairs. uty Assistant Administrator for Regulatory Use in Animal Food or Feed; Confirmation of EC–1587. A communication from the Chair- Programs, National Marine Fisheries Serv- Effective Date of Final Rule’’ (RIN0910–AF46) man, Council of the District of Columbia, ice, Department of Commerce, transmitting, received in the Office of the President of the transmitting, pursuant to law, a report on pursuant to law, the report of a rule entitled Senate on May 7, 2009; to the Committee on D.C. Act 18-64, ‘‘Continuation of Health Cov- ‘‘Final Rule; Effectiveness of Collection-of- Health, Education, Labor, and Pensions. erage Temporary Amendment Act of 2009’’ Information Requirements; Fisheries in the EC–1577. A communication from the Chair- received in the Office of the President of the Western Pacific; Bottomfish and Seamount man, Council of the District of Columbia, Senate on May 11, 2009; to the Committee on Groundfish Fisheries; Management Measures transmitting, pursuant to law, a report on Homeland Security and Governmental Af- for the Northern Mariana Islands’’ (RIN0648- D.C. Act 18-54, ‘‘NoMA Residential Develop- fairs. AV28) received in the Office of the President ment Tax Abatement Act of 2009’’ received in EC–1588. A communication from the Chair- of the Senate on May 11, 2009; to the Com- the Office of the President of the Senate on man, Council of the District of Columbia, mittee on Commerce, Science, and Transpor- May 11, 2009; to the Committee on Homeland transmitting, pursuant to law, a report on tation. Security and Governmental Affairs. D.C. Act 18-65, ‘‘View 14 Economic Develop- EC–1598. A communication from the Dep- EC–1578. A communication from the Chair- ment Temporary Act of 2009’’ received in the uty Assistant Administrator for Regulatory man, Council of the District of Columbia, Office of the President of the Senate on May Programs, National Marine Fisheries Serv- transmitting, pursuant to law, a report on 11, 2009; to the Committee on Homeland Se- ice, Department of Commerce, transmitting, D.C. Act 18-55, ‘‘Practice of Occupational curity and Governmental Affairs. pursuant to law, the report of a rule entitled Therapy Amendment Act of 2009’’ received in EC–1589. A communication from the Chair- ‘‘Final Rule for Amendment 30B to the Fish- the Office of the President of the Senate on man, Council of the District of Columbia, ery Management Plan (FMP) for the Reef May 11, 2009; to the Committee on Homeland transmitting, pursuant to law, a report on Fish Resources of the Gulf of Mexico’’ Security and Governmental Affairs. D.C. Act 18-66, ‘‘Fire Alarm Notice and Ten- (RIN0648-AV80) received in the Office of the EC–1579. A communication from the Chair- ant Fire Safety Temporary Amendment Act President of the Senate on May 11, 2009; to man, Council of the District of Columbia, of 2009’’ received in the Office of the Presi- the Committee on Commerce, Science, and transmitting, pursuant to law, a report on dent of the Senate on May 11, 2009; to the Transportation. D.C. Act 18-56, ‘‘Practice of Committee on Homeland Security and Gov- EC–1599. A communication from the Acting Polysomnography Amendment Act of 2009’’ ernmental Affairs. Director of the Office of Sustainable Fish- received in the Office of the President of the EC–1590. A communication from the Chair- eries, National Marine Fisheries Service, De- Senate on May 11, 2009; to the Committee on man, Council of the District of Columbia, partment of Commerce, transmitting, pursu- Homeland Security and Governmental Af- transmitting, pursuant to law, a report on ant to law, the report of a rule entitled ‘‘Pa- fairs. D.C. Act 18-67, ‘‘Tenant Opportunity to Pur- cific Coast Groundfish; Biennial Specifica- EC–1580. A communication from the Chair- chase Preservation Clarification Temporary tions and Management Measures; Inseason man, Council of the District of Columbia, Amendment Act of 2009’’ received in the Of- Adjustments’’ (RIN0648-AX84) received in the transmitting, pursuant to law, a report on fice of the President of the Senate on May 11, Office of the President of the Senate on May

VerDate Nov 24 2008 01:14 May 14, 2009 Jkt 079060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\A13MY6.029 S13MYPT1 jbell on PROD1PC69 with SENATE May 13, 2009 CONGRESSIONAL RECORD — SENATE S5435 11, 2009; to the Committee on Commerce, of 1961, and for other purposes (Rept. No. 111– in the credit rate for certain facilities pro- Science, and Transportation. 19). ducing electricity from renewable resources; EC–1600. A communication from the Acting By Mr. KERRY, from the Committee on to the Committee on Finance. Director of the Office of Sustainable Fish- Foreign Relations, with an amendment in By Mrs. BOXER: eries, National Marine Fisheries Service, De- the nature of a substitute and with an S. 1031. A bill to amend the Public Health partment of Commerce, transmitting, pursu- amended preamble: Service Act to establish direct care reg- ant to law, the report of a rule entitled S. Con. Res. 19. A concurrent resolution istered nurse-to-patient staffing ratio re- ‘‘Fisheries of the Exclusive Economic Zone expressing the sense of Congress that the quirements in hospitals, and for other pur- Off Alaska; Pacific Cod in the Bering Sea and Shi’ite Personal Status Law in Afghanistan poses; to the Committee on Health, Edu- Aleutian Islands’’ (RIN0648-XO13) received in violates the fundamental human rights of cation, Labor, and Pensions. the Office of the President of the Senate on women and should be repealed. By Mr. CASEY (for himself and Mr. May 11, 2009; to the Committee on Com- f NELSON of Nebraska): merce, Science, and Transportation. S. 1032. A bill to provide for programs that EC–1601. A communication from the Acting EXECUTIVE REPORTS OF reduce abortions, help women bear healthy Director of the Office of Sustainable Fish- COMMITTEES children, and support new parents; to the eries, National Marine Fisheries Service, De- The following executive reports of Committee on Health, Education, Labor, and partment of Commerce, transmitting, pursu- nominations were submitted: Pensions. ant to law, the report of a rule entitled By Mr. LEVIN (for himself and Mr. ‘‘Fisheries of the Exclusive Economic Zone By Mr. BINGAMAN for the Committee on MCCAIN) (by request): Off Alaska; Atka Mackerel in the Bering Sea Energy and Natural Resources. S. 1033. A bill to authorize appropriations and Aleutian Islands Management Area’’ *Rhea S. Suh, of California, to be an As- for fiscal year 2010 for military activities of (RIN0648-XO12) received in the Office of the sistant Secretary of the Interior. the Department of Defense, to prescribe President of the Senate on May 11, 2009; to *David B. Sandalow, of the District of Co- military personnel strengths for fiscal year the Committee on Commerce, Science, and lumbia, to be an Assistant Secretary of En- 2010, and for other purposes; to the Com- Transportation. ergy (International Affairs and Domestic mittee on Armed Services. EC–1602. A communication from the Acting Policy). By Ms. STABENOW (for herself, Ms. *Daniel B. Poneman, of Virginia, to be Director of the Office of Sustainable Fish- SNOWE, Mr. BENNET, Mr. KERRY, Mr. Deputy Secretary of Energy. eries, National Marine Fisheries Service, De- LEVIN, Mr. DURBIN, and Mr. WYDEN): *Michael L. Connor, of Maryland, to be partment of Commerce, transmitting, pursu- S. 1034. A bill to amend titles XIX and XXI Commissioner of Reclamation. ant to law, the report of a rule entitled of the Social Security Act to ensure pay- By Mr. KERRY for the Committee on For- ‘‘Fisheries of the Exclusive Economic Zone ment under Medicaid and the State Chil- eign Relations. Off Alaska; Pacific Cod by Catcher Vessels dren’s Health Insurance Program for covered *Susan Flood Burk, of Virginia, a Career Using Trawl Gear in the Bering Sea and items and services furnished by school-based Member of the Senior Executive Service, to Aleutian Islands Management Area’’ health clinics; to the Committee on Finance. be Special Representative of the President, (RIN0648-XO14) received in the Office of the By Mr. REID (for himself, Mrs. FEIN- with the rank of Ambassador. President of the Senate on May 11, 2009; to STEIN, and Mrs. BOXER): *Harold Hongju Koh, of Connecticut, to be the Committee on Commerce, Science, and S. 1035. A bill to enhance the ability of Legal Adviser of the Department of State. Transportation. drinking water utilities in the United States EC–1603. A communication from the Acting By Mr. HARKIN for Mr. KENNEDY for the Committee on Health, Education, Labor, and to develop and implement climate change Director of the Office of Sustainable Fish- adaptation programs and policies, and for eries, National Marine Fisheries Service, De- Pensions. *Margaret A. Hamburg, of the District of other purposes; to the Committee on Envi- partment of Commerce, transmitting, pursu- ronment and Public Works. ant to law, the report of a rule entitled Columbia, to be Commissioner of Food and ‘‘Temporary Closure of the Eastern U.S./Can- Drugs, Department of Health and Human f Services. ada Management Area’’ (RIN0648-XO25) re- SUBMISSION OF CONCURRENT AND ceived in the Office of the President of the *Nomination was reported with rec- SENATE RESOLUTIONS Senate on May 11, 2009; to the Committee on ommendation that it be confirmed sub- Commerce, Science, and Transportation. ject to the nominee’s commitment to The following concurrent resolutions EC–1604. A communication from the Acting respond to requests to appear and tes- and Senate resolutions were read, and Director of the Office of Sustainable Fish- tify before any duly constituted com- referred (or acted upon), as indicated: eries, National Marine Fisheries Service, De- By Mr. UDALL of New Mexico: partment of Commerce, transmitting, pursu- mittee of the Senate. S. Res. 148. A resolution expressing the ant to law, the report of a rule entitled f sense of the Senate that there is a critical ‘‘Fisheries of the Exclusive Economic Zone INTRODUCTION OF BILLS AND need to increase research, awareness, and Off Alaska; Reallocation of Pacific Cod in education about cerebral cavernous mal- the Bering Sea and Aleutian Islands Manage- JOINT RESOLUTIONS formations; considered and agreed to. ment Area’’ (RIN0648-XO85) received in the The following bills and joint resolu- Office of the President of the Senate on May tions were introduced, read the first f 11, 2009; to the Committee on Commerce, and second times by unanimous con- ADDITIONAL COSPONSORS Science, and Transportation. sent, and referred as indicated: EC–1605. A communication from the Acting S. 21 By Ms. STABENOW (for herself, Mr. Director of the Office of Sustainable Fish- At the request of Mr. REID, the name eries, National Marine Fisheries Service, De- BUNNING, Mr. BROWN, Ms. SNOWE, and of the Senator from Maryland (Ms. MI- partment of Commerce, transmitting, pursu- Mr. FEINGOLD): ant to law, the report of a rule entitled S. 1027. A bill to amend title VII of the KULSKI) was added as a cosponsor of S. ‘‘Fisheries of the Exclusive Economic Zone Tariff Act of 1930 to clarify that fundamental 21, a bill to reduce unintended preg- Off Alaska; Pacific Ocean Perch for Vessels exchange-rate misalignment by any foreign nancy, reduce abortions, and improve in the Bering Sea and Aleutian Islands Trawl nation is actionable under United States access to women’s health care. countervailing and antidumping duty laws, Limited Access Fishery in the Central Aleu- S. 197 tian District of the Bering Sea and Aleutian and for other purposes; to the Committee on At the request of Mr. FEINGOLD, the Islands Management Area’’ (RIN0648-XN17) Finance. received in the Office of the President of the By Mr. BINGAMAN: name of the Senator from New York Senate on May 11, 2009; to the Committee on S. 1028. A bill to amend the Public Health (Mrs. GILLIBRAND) was added as a co- Commerce, Science, and Transportation. Service Act to improve the Nation’s surveil- sponsor of S. 197, a bill to assist in the lance and reporting for diseases and condi- f conservation of cranes by supporting tions, and for other purposes; to the Com- and providing, through projects of per- REPORTS OF COMMITTEES mittee on Health, Education, Labor, and Pensions. sons and organizations with expertise The following reports of committees By Mr. ROCKEFELLER (for himself, in crane conservation, financial re- were submitted: Ms. SNOWE, and Mr. KERRY): sources for the conservation programs By Mr. KERRY, from the Committee on S. 1029. A bill to create a new incentive of countries the activities of which di- Foreign Relations, with amendments: fund that will encourage States to adopt the rectly or indirectly affect cranes and S. 384. A bill to authorize appropriations 21st Century Skills Framework; to the Com- the ecosystem of cranes. for fiscal years 2010 through 2014 to provide mittee on Finance. S. 243 assistance to foreign countries to promote By Mrs. LINCOLN (for herself and Ms. food security, to stimulate rural economies, COLLINS): At the request of Mr. CARDIN, the and to improve emergency response to food S. 1030. A bill to amend the Internal Rev- name of the Senator from Oregon (Mr. crises, to amend the Foreign Assistance Act enue Code of 1986 to eliminate the reduction WYDEN) was added as a cosponsor of S.

VerDate Nov 24 2008 01:14 May 14, 2009 Jkt 079060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\A13MY6.031 S13MYPT1 jbell on PROD1PC69 with SENATE S5436 CONGRESSIONAL RECORD — SENATE May 13, 2009 243, a bill to amend the Internal Rev- (Mrs. MCCASKILL) was added as a co- (Mrs. GILLIBRAND) was added as a co- enue Code of 1986 to allow the Sec- sponsor of S. 658, a bill to amend title sponsor of S. 918, a bill to amend the retary of the Treasury to establish the 38, United States Code, to improve Magnuson-Stevens Fishery Conserva- standard mileage rate for use of a pas- health care for veterans who live in tion and Management Act to add New senger automobile for purposes of the rural areas, and for other purposes. York to the New England Fishery Man- charitable contributions deduction and S. 700 agement Council, and for other pur- to exclude charitable mileage reim- At the request of Mr. BINGAMAN, the poses. bursements for gross income. name of the Senator from Massachu- S. 981 S. 408 setts (Mr. KENNEDY) was added as a co- At the request of Mr. REID, the At the request of Mr. INOUYE, the sponsor of S. 700, a bill to amend title names of the Senator from Hawaii (Mr. name of the Senator from Vermont II of the Social Security Act to phase INOUYE) and the Senator from Ohio (Mr. SANDERS) was added as a cospon- out the 24-month waiting period for (Mr. BROWN) were added as cosponsors sor of S. 408, a bill to amend the Public disabled individuals to become eligible of S. 981, a bill to support research and Health Service Act to provide a means for Medicare benefits, to eliminate the public awareness activities with re- for continued improvement in emer- waiting period for individuals with life- spect to inflammatory bowel disease, gency medical services for children. threatening conditions, and for other and for other purposes. purposes. S. 484 S. 984 S. 717 At the request of Mrs. FEINSTEIN, the At the request of Mrs. BOXER, the At the request of Mr. INOUYE, his name of the Senator from Rhode Island names of the Senator from Rhode Is- name was added as a cosponsor of S. (Mr. REED) was added as a cosponsor of land (Mr. WHITEHOUSE) and the Senator 717, a bill to modernize cancer re- S. 484, a bill to amend title II of the So- from California (Mrs. FEINSTEIN) were search, increase access to preventative cial Security Act to repeal the Govern- cancer services, provide cancer treat- added as cosponsors of S. 984, a bill to ment pension offset and windfall elimi- ment and survivorship initiatives, and amend the Public Health Service Act nation provisions. for other purposes. to provide for arthritis research and S. 529 At the request of Mr. DORGAN, his public health, and for other purposes. At the request of Mr. LIEBERMAN, the name was added as a cosponsor of S. S. RES. 140 name of the Senator from New York 717, supra. At the request of Mr. CHAMBLISS, his (Mrs. GILLIBRAND) was added as a co- At the request of Mr. BINGAMAN, his name was added as a cosponsor of S. sponsor of S. 529, a bill to assist in the name was added as a cosponsor of S. Res. 140, a resolution commemorating conservation of rare felids and rare 717, supra. and acknowledging the dedication and canids by supporting and providing fi- S. 831 sacrifice made by the men and women nancial resources for the conservation At the request of Mr. KERRY, the who have lost their lives while serving programs of countries within the range name of the Senator from South Caro- as law enforcement officers. of rare felid and rare canid populations lina (Mr. GRAHAM) was added as a co- S. RES. 146 and projects of persons with dem- sponsor of S. 831, a bill to amend title At the request of Mr. ROCKEFELLER, onstrated expertise in the conservation 10, United States Code, to include serv- his name was added as a cosponsor of of rare felid and rare canid populations. ice after September 11, 2001, as service S. Res. 146, a resolution commending S. 554 qualifying for the determination of a South Charleston, West Virginia, for At the request of Mr. BROWN, the reduced eligibility age for receipt of celebrating its 50th annual Armed name of the Senator from California non-regular service retired pay. Forces Day on May 16, 2009. S. 846 (Mrs. BOXER) was added as a cosponsor AMENDMENT NO. 1058 At the request of Mr. DURBIN, the of S. 554, a bill to improve the safety of At the request of Mr. DODD, the names of the Senator from Indiana motorcoaches, and for other purposes. names of the Senator from Arkansas (Mr. BAYH), the Senator from Kansas S. 566 (Mr. PRYOR), the Senator from Michi- (Mr. ROBERTS) and the Senator from At the request of Mr. DURBIN, the gan (Mr. LEVIN) and the Senator from Delaware (Mr. CARPER) were added as name of the Senator from Rhode Island New Jersey (Mr. LAUTENBERG) were cosponsors of S. 846, a bill to award a (Mr. WHITEHOUSE) was added as a co- added as cosponsors of amendment No. congressional gold medal to Dr. Mu- sponsor of S. 566, a bill to create a Fi- 1058 proposed to H.R. 627, a bill to hammad Yunus, in recognition of his nancial Product Safety Commission, to amend the Truth in Lending Act to es- provide consumers with stronger pro- contributions to the fight against glob- al poverty. tablish fair and transparent practices tections and better information in con- relating to the extension of credit S. 878 nection with consumer financial prod- under an open end consumer credit At the request of Mr. LAUTENBERG, ucts, and to give providers of consumer plan, and for other purposes. the name of the Senator from New Jer- financial products more regulatory cer- AMENDMENT NO. 1064 tainty. sey (Mr. MENENDEZ) was added as a co- sponsor of S. 878, a bill to amend the At the request of Mr. UDALL of Colo- S. 608 Federal Water Pollution Control Act to rado, the names of the Senator from At the request of Mr. TESTER, the modify provisions relating to beach Michigan (Mr. LEVIN), the Senator name of the Senator from Kentucky monitoring, and for other purposes. from Connecticut (Mr. LIEBERMAN), the (Mr. BUNNING) was added as a cosponsor S. 897 Senator from New Mexico (Mr. UDALL), of S. 608, a bill to amend the Consumer At the request of Mr. HATCH, the the Senator from New York (Mrs. Product Safety Improvement Act of name of the Senator from Idaho (Mr. GILLIBRAND) and the Senator from Illi- 2008 to exclude secondary sales, repair RISCH) was added as a cosponsor of S. nois (Mr. BURRIS) were added as co- services, and certain vehicles from the 897, a bill to limit Federal spending to sponsors of amendment No. 1064 in- ban on lead in children’s products, and 20 percent of GDP. tended to be proposed to H.R. 627, a bill for other purposes. S. 908 to amend the Truth in Lending Act to S. 634 At the request of Mr. BAYH, the name establish fair and transparent practices At the request of Mr. HARKIN, the of the Senator from Utah (Mr. BEN- relating to the extension of credit name of the Senator from Montana NETT) was added as a cosponsor of S. under an open end consumer credit (Mr. TESTER) was added as a cosponsor 908, a bill to amend the Iran Sanctions plan, and for other purposes. of S. 634, a bill to amend the Elemen- Act of 1996 to enhance United States AMENDMENT NO. 1079 tary and Secondary Education Act of diplomatic efforts with respect to Iran At the request of Ms. LANDRIEU, the 1965 to improve standards for physical by expanding economic sanctions name of the Senator from Washington education. against Iran. (Ms. CANTWELL) was added as a cospon- S. 658 S. 918 sor of amendment No. 1079 proposed to At the request of Mr. TESTER, the At the request of Mr. SCHUMER, the H.R. 627, a bill to amend the Truth in name of the Senator from Missouri name of the Senator from New York Lending Act to establish fair and

VerDate Nov 24 2008 01:14 May 14, 2009 Jkt 079060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\A13MY6.035 S13MYPT1 jbell on PROD1PC69 with SENATE May 13, 2009 CONGRESSIONAL RECORD — SENATE S5437 transparent practices relating to the technologies that could improve the State and Territorial AIDS Directors, extension of credit under an open end completeness and timeliness of report- National Association of State Public consumer credit plan, and for other ing. A 2007 survey found that 20 states Health Veterinarians, National Public purposes. are manually reporting diagnostic find- Health Information Coalition, Society AMENDMENT NO. 1084 ings, albeit with a web interface, and 16 for Healthcare Epidemiology of Amer- At the request of Mrs. GILLIBRAND, are completely paper-based. Only 2 ica, and Trust for America’s Health. the name of the Senator from New Jer- State public health laboratories have Mr. President, I ask unanimous con- sent that the text of the bill be printed sey (Mr. MENENDEZ) was added as a co- bidirectional data flow and can both sponsor of amendment No. 1084 pro- send and receive laboratory messages, in the RECORD. There being no objection, the text of posed to H.R. 627, a bill to amend the the gold standard for disease reporting. the bill was ordered to be printed in Truth in Lending Act to establish fair The potential for new pathogen dis- the RECORD, as follows: and transparent practices relating to covery, rapid electronic exchange of S. 1028 the extension of credit under an open public health information, national bacterial and viral databases for DNA Be it enacted by the Senate and House of Rep- end consumer credit plan, and for other resentatives of the United States of America in purposes. ‘‘fingerprinting’’ of infectious disease organisms has not been fully realized. Congress assembled, AMENDMENT NO. 1085 My legislation focuses on improving SECTION 1. SHORT TITLE. At the request of Mr. GREGG, the This Act may be cited as the ‘‘Strength- electronic disease surveillance and re- name of the Senator from Wyoming ening America’s Public Health System Act’’. porting so that all state and local (Mr. ENZI) was added as a cosponsor of SEC. 2. PURPOSES. health departments and public health amendment No. 1085 proposed to H.R. The purpose of the programs authorized laboratories can readily and seamlessly under this Act is to strengthen public health 627, a bill to amend the Truth in Lend- receive, monitor, and report infectious surveillance systems and disease reporting ing Act to establish fair and trans- diseases and other urgent conditions of by— parent practices relating to the exten- public health importance. The bill also (1) delineating existing grant mechanisms sion of credit under an open end con- at the Centers for Disease Control and Pre- authorizes a process for determining a sumer credit plan, and for other pur- vention designed to enhance disease surveil- list of nationally notifiable diseases poses. lance and reporting by improving and mod- and conditions and, creates a national ernizing capacity at the State and local AMENDMENT NO. 1089 committee to evaluate best practices level— At the request of Mr. DURBIN, the in public health surveillance. (A) to identify and monitor the occurrence name of the Senator from Rhode Island The Strengthening America’s Public of infectious diseases and other conditions of (Mr. WHITEHOUSE) was added as a co- Health System Act calls for the expan- public health importance; sponsor of amendment No. 1089 in- sion of resources, renewed focus and (B) to detect new and emerging infectious tended to be proposed to H.R. 627, a bill mission, and new areas of special em- disease threats; and (C) to identify and respond to disease out- to amend the Truth in Lending Act to phasis for several existing programs establish fair and transparent practices breaks; within the Centers for Disease Control (2) expanding eligibility for grantees; relating to the extension of credit and Prevention, CDC. These programs (3) increasing funding to ensure all States under an open end consumer credit support public health capacity to iden- and jurisdictions have appropriate surveil- plan, and for other purposes. tify and monitor the occurrence of in- lance and reporting capacity and can provide AMENDMENT NO. 1090 fectious diseases and other conditions comprehensive electronic reporting, includ- At the request of Mr. DURBIN, the of public health importance; detect ing laboratory reporting; name of the Senator from Rhode Island new and emerging infectious disease (4) delineating existing applied epidemi- ology, laboratory science, and informatics (Mr. WHITEHOUSE) was added as a co- threats, including laboratory capacity fellowship programs designed to reduce docu- sponsor of amendment No. 1090 in- to detect antimicrobial resistant infec- mented workforce shortages for these essen- tended to be proposed to H.R. 627, a bill tions; identify and respond to disease tial public health professionals at the State to amend the Truth in Lending Act to outbreaks; and hire and train nec- and local level and increasing funding for establish fair and transparent practices essary professional staff. these programs; relating to the extension of credit The outbreak of swine flu that origi- (5) expanding the Epidemic Intelligence under an open end consumer credit nated in Mexico highlights the need for Service; plan, and for other purposes. cooperation between the U.S. and Mex- (6) delineating a refined process for estab- ico in the surveillance, reporting and lishing a list of nationally notifiable diseases f and conditions; control of infectious diseases that cross (7) improving binational surveillance of STATEMENTS ON INTRODUCED the border. Clear standards, however, BILLS AND JOINT RESOLUTIONS diseases in the United States and Mexico have not yet been established for what border region, including developing improved By Mr. BINGAMAN: information should be shared and how standards and protocols for binational epide- S. 1028. A bill to amend the Public the sharing should take place. My leg- miology, surveillance, laboratory analyses, Health Service Act to improve the Na- islation tasks the CDC to finalize and and control of infectious diseases between tion’s surveillance and reporting for adopt the ‘‘Guidelines for U.S.-Mexico the two nations; and diseases and conditions, and for other Coordination on Epidemiological (8) establishing a forum to permit review and identification of best surveillance prac- purposes; to the Committee on Health, Events of Mutual Interest’’ so that we tices with a particular focus on improving Education, Labor, and Pensions. have a clear mechanism in place for coordination of animal-human disease sur- Mr. BINGAMAN. Mr. President, I am communication with public health offi- veillance. introducing legislation today entitled cials in Mexico. SEC. 3. STRENGTHENING PUBLIC HEALTH SUR- the Strengthening America’s Public This important legislation has been VEILLANCE SYSTEMS. Health System Act of 2009. endorsed by the: American Association Title XXVIII of the Public Health Service The ongoing swine flu pandemic of Public Health Veterinarians, Amer- Act (42 U.S.C. 300hh et seq.) is amended by adding at the end the following: makes clear the necessity for a robust ican Public Health Association, Amer- public health system in the U.S. This ican Society for Microbiology, Associa- ‘‘Subtitle C—Strengthening Public Health Surveillance Systems legislation is designed to strengthen tion for Professionals in Infection Con- ‘‘SEC. 2821. EPIDEMIOLOGY-LABORATORY CAPAC- epidemiology and laboratory capacity trol & Epidemiology, Association of ITY GRANTS. in State and local health departments Public Health Laboratories, Associa- ‘‘(a) IN GENERAL.—Subject to the avail- and, correspondingly, national surveil- tion of Schools of Public Health, Asso- ability of appropriations, the Secretary, act- lance and reporting of infectious dis- ciation of State and Territorial Health ing through the Director of the Centers for eases and other conditions of public Officials, Center for Infectious Disease Disease Control and Prevention, shall estab- health importance. Research and Policy, Council of State lish an Epidemiology and Laboratory Capac- ity Grant Program to award grants to eligi- Currently, many parts of the local- and Territorial Epidemiologists, Infec- ble entities to assist public health agencies state-federal disease surveillance sys- tious Diseases Society of America, Na- in improving surveillance for, and response tem are fragmented and paper-based, tional Association of County and City to, infectious diseases and other conditions and have not fully benefited from new Health Officials, National Alliance of of public health importance by—

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‘‘(1) strengthening epidemiologic capacity; Disease Control and Prevention at the time ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(2) enhancing laboratory practice; of receipt; There are authorized to be appropriated to ‘‘(3) improving information systems; and ‘‘(iii) to manage, link, and process dif- carry out this section $190,000,000 for each of ‘‘(4) developing and implementing preven- ferent types of data, including information fiscal years 2010 through 2013, of which— tion and control strategies. on newly reported cases, exposed contacts, ‘‘(1) not less than $95,000,000 shall be made ‘‘(b) ELIGIBLE ENTITIES.—In this section, laboratory results, number of people vac- available each such fiscal year for activities the term ‘eligible entity’ means an entity cinated or given prophylactic medications, under subsection (c)(1); that— adverse events monitoring and follow-up, in ‘‘(2) not less than $60,000,000 shall be made ‘‘(1) is— an integrated outbreak management system; available each such fiscal year for activities ‘‘(A) a State health department; ‘‘(iv) to geocode analyze, display, report, under subsection (c)(2)(B); and ‘‘(B) a local health department that meets and map, using Geographic Information Sys- ‘‘(3) not less than $32,000,000 shall be made such criteria as the Director of the Centers tem technology, accumulated data and to available each such fiscal year for activities for Diseases Control and Prevention deter- share data with other local health depart- under subsection (c)(2)(C). mines for purposes of this section; ments, State health departments, and the ‘‘SEC. 2822. FELLOWSHIP TRAINING IN APPLIED ‘‘(C) a tribal jurisdiction that meets such Centers for Disease Control and Prevention; PUBLIC HEALTH EPIDEMIOLOGY, criteria as the Director of the Centers for ‘‘(v) to receive, manage, and disseminate PUBLIC HEALTH LABORATORY Disease Control and Prevention determines SCIENCE, PUBLIC HEALTH alerts, protocols, and other information, in- INFORMATICS, AND EXPANSION OF for purposes of this section; or cluding Health Alert Network and Epi-X in- ‘‘(D) a partnership established for purposes THE EPIDEMIC INTELLIGENCE formation, as appropriate, for public health SERVICE. of this section between one or more eligible workers, health care providers, and public ‘‘(a) IN GENERAL.—The Secretary, acting entities described in subparagraph (A), (B), health partners in emergency response with- through the Director of the Centers for Dis- or (C) and an academic center; and in each health department’s jurisdiction and ease Control and Prevention, may carry out ‘‘(2) submits to the Secretary an applica- to automate the exchange and cascading of activities to address documented workforce tion at such time, in such manner, and con- such information with external partners shortages in State and local health depart- taining such information as the Secretary using national standards; ments in the critical areas of applied public may require. ‘‘(vi) to have information technology secu- health epidemiology and public health lab- ‘‘(c) USE OF FUNDS.— rity and critical infrastructure protection as oratory science and informatics and may ex- ‘‘(1) IN GENERAL.—An eligible entity shall appropriate to protect public health infor- pand the Epidemic Intelligence Service. use amounts received under a grant under mation; ‘‘(b) SPECIFIC USES.—In carrying out sub- this section for core functions described in section (a), the Secretary, acting through this subsection including— ‘‘(vii) to have the technical infrastructure needed to ensure availability, backup, and the Director of the Centers for Disease Con- ‘‘(A) building public health capacity to trol and Prevention, shall provide for the ex- identify and monitor the occurrence of infec- disaster recovery of data, application serv- ices, and communications systems during pansion of existing fellowship programs op- tious diseases and other conditions of public erated through the Centers for Disease Con- health importance; natural disasters such as floods, tornados, hurricanes, and power outages; and trol and Prevention in a manner that is de- ‘‘(B) detecting new and emerging infec- signed to alleviate shortages of the type de- tious disease threats, including laboratory ‘‘(viii) to provide for other capabilities as the Secretary determines appropriate. scribed in subsection (a). capacity to detect antimicrobial resistant ‘‘(c) OTHER PROGRAMS.—The Secretary, ‘‘(C) LABORATORY SYSTEMS.—An eligible en- infections; acting through the Director of the Centers ‘‘(C) identifying and responding to disease tity shall use amounts received under a for Disease Control and Prevention, may pro- outbreaks; grant under this section to ensure that State vide for the expansion of other applied epide- ‘‘(D) hiring necessary staff; or local public health laboratories are uti- miology training programs that meet objec- ‘‘(E) conducting needed staff training and lizing web-based, secure systems that are in tives similar to the objectives of the pro- educational development; and compliance with the guidelines developed by grams described in subsection (b). ‘‘(F) other activities that improve surveil- the Secretary under subparagraph (A) and ‘‘(d) WORK OBLIGATION.—Participation in lance as determined by the Director of the that— fellowship training programs under this sec- Centers for Disease Control and Prevention. ‘‘(i) are fully integrated laboratory infor- tion shall be deemed to be service for pur- ‘‘(2) DEVELOPMENT AND MAINTENANCE OF IN- mation systems; poses of satisfying work obligations stipu- FORMATION EXCHANGE.— ‘‘(ii) provide for the reporting of electronic lated in contracts under section 338I(j). ‘‘(A) NATIONAL STANDARDS.—Not later than test results to the appropriate local and ‘‘(e) GENERAL SUPPORT.—Amounts may be 180 days after the date of the enactment of State health departments using currently used from grants awarded under this section this subtitle, the Secretary, acting through existing national format and coding stand- to expand the Public Health Informatics Fel- the Director of the Centers for Disease Con- ards; lowship Program at the Centers for Disease trol and Prevention, and in consultation ‘‘(iii) have information technology secu- Control and Prevention to better support all with the National Coordinator for Health In- rity and critical infrastructure protection to public health systems at all levels of govern- formation Technology, shall issue guidelines protect public health information (as deter- ment. ‘‘(f) AUTHORIZATIONS OF APPROPRIATIONS.— for public health entities that— mined by the Secretary); There are authorized to be appropriated to ‘‘(i) are designed to ensure that all State ‘‘(iv) have the technical infrastructure carry out this section $39,500,000 for each of and local health departments and public needed to ensure availability, backup, and fiscal years 2010 through 2013, of which— health laboratories have access to informa- disaster recovery of data, application serv- ‘‘(1) $5,000,000 shall be made available in tion systems to receive, monitor, and report ices, and communications systems during each such fiscal year for epidemiology fel- infectious diseases and other urgent condi- natural disasters including floods, tornadoes, lowship training program activities under tions of public health importance; and hurricanes, and power outages; and subsections (b) and (c); ‘‘(ii) are consistent with standards and rec- ‘‘(v) address other capabilities as the Sec- ‘‘(2) $5,000,000 shall be made available in ommendations for health information tech- retary determines appropriate. each such fiscal year for laboratory fellow- nology by the National Coordinator for ‘‘(D) OTHER USES.—In addition to the ac- ship training programs under subsection (b); Health Information Technology, and by the tivities described in subparagraphs (B) and ‘‘(3) $5,000,000 shall be made available in American Health Information Community (C), an eligible entity (including the entity’s each such fiscal year for the Public Health (AHIC) and its successors. public health laboratory) may use amounts Informatics Fellowship Program under sub- ‘‘(B) SECURE INFORMATION SYSTEMS.—An el- received under a grant under this section for section (e); and igible entity shall use amounts received systems development and maintenance, hir- ‘‘(4) $24,500,000 shall be made available for through a grant under this section to ensure ing necessary staff, and staff technical train- expanding the Epidemic Intelligence Service that the entity has access to a web-based, se- ing. Grantees under this section may elect to under subsection (a). cure information system that complies with develop their own systems or use federally developed systems in carrying out activities ‘‘SEC. 2823. NATIONALLY NOTIFIABLE DISEASES the guidelines developed under subparagraph AND CONDITIONS. (A). Such a system shall be designed— under this paragraph. ‘‘(a) IN GENERAL.—At the request of the ‘‘(d) PRIORITY.—In allocating funds under ‘‘(i) to receive automated case reports of Council of State and Territorial Epidemiolo- subsection (f)(2) for activities under sub- State and national reportable conditions gists, the Director of the Centers for Disease from clinical systems and health care offices section (c)(2)(B) (relating to secure informa- Control and Prevention shall assist the that use electronic health records and from tion systems), the Secretary shall give pri- Council in developing or improving a process clinical and public health laboratories, and ority to eligible entities that demonstrate for States to conduct surveillance and sub- to submit reports of nationally reportable need. mit reports to the Director on nationally conditions to the Director of the Centers for ‘‘(e) REPORTS.—Not later than September notifiable diseases and conditions. Disease Control and Prevention; 30, 2011, and each September 30 thereafter, ‘‘(b) LIST OF NATIONALLY NOTIFIABLE DIS- ‘‘(ii) to receive and analyze, within 24 the Secretary shall submit to Congress an EASES AND CONDITIONS.—The process under hours, de-identified electronic clinical data annual report on the activities carried out subsection (a) shall include a list of nation- for situational awareness and to forward under this section by recipients of assistance ally notifiable diseases and conditions as fol- such reports immediately to the Centers for under this section. lows:

VerDate Nov 24 2008 01:14 May 14, 2009 Jkt 079060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\A13MY6.038 S13MYPT1 jbell on PROD1PC69 with SENATE May 13, 2009 CONGRESSIONAL RECORD — SENATE S5439 ‘‘(1) The Council of State and Territorial ‘‘(2) use these guidelines as the basis for ‘‘(1) review innovative approaches adopted Epidemiologists and the Director of the Cen- developing improved standards and protocols by State and local agencies to improve dis- ters for Disease Control and Prevention will for binational epidemiology, surveillance, ease detection; jointly develop— laboratory analyses, and control of infec- ‘‘(2) evaluate best practices in public ‘‘(A) not later than 1 year after the date of tious diseases between the United States and health surveillance; the enactment of the Strengthening Amer- Mexico. ‘‘(3) develop model data sharing agree- ica’s Public Health System Act, a list of na- ‘‘(c) DEFINITION.—In this section, the term ments among local, State, and Federal tionally notifiable diseases and conditions; ‘binational’ refers to both sides of the United health agencies; and States-Mexico border, whether collectively, ‘‘(4) assess systems needed for coordinated ‘‘(B) a process for reviewing the list on an such as an activity or program being carried animal and human disease surveillance and annual basis and, as appropriate, modifying out concurrently by or in both countries, a develop recommendations for the improve- the list, taking into account newly recog- phenomenon (for example, a disease out- ment of such surveillance; and nized diseases and conditions of public break or health emergency) affecting a popu- ‘‘(5) disseminate findings and recommenda- health importance and advances in diag- lation or geographic area in both countries, tions to relevant local, State and Federal nostic technology. or a disease case that originated on one side agencies. ‘‘(2) A disease or condition will be included of the border and was transmitted to the ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— on the list only if a majority of the States other. There is authorized to be appropriated to represented on the Council approve such in- carry out this section, $750,000 for each of fis- clusion. ‘‘SEC. 2825. EVALUATION OF BEST PRACTICES IN cal years 2010 through 2011.’’. ‘‘(3) The list will include standard defini- PUBLIC HEALTH SURVEILLANCE. tions for confirmed, probable, and suspect ‘‘(a) IN GENERAL.—The Secretary, acting By Mr. ROCKEFELLER (for him- cases for each nationally notifiable disease through the Director of the Centers for Dis- self, Ms. SNOWE, and Mr. ease Control and Prevention, shall establish or condition. KERRY): ‘‘(4) The list will distinguish between— a committee— S. 1029. A bill to create a new incen- ‘‘(1) to evaluate best practices in public ‘‘(A) diseases and conditions of urgent pub- tive fund that will encourage States to lic health importance for which immediate health surveillance, including human and action may be needed; and animal disease surveillance and environ- adopt the 21st Century Skills Frame- ‘‘(B) diseases and conditions for which re- mental health monitoring of harmful expo- work; to the Committee on Finance. porting is less urgent and mainly for the pur- sures through air, water, soil, or other Mr. ROCKEFELLER. Mr. President, pose of monitoring trends and evaluating means; and today, along with my colleague Sen- public health intervention programs. ‘‘(2) to assess systems needed for improving ator SNOWE of Maine and Senator ‘‘(c) NOTIFICATIONS TO CDC.—The process coordination among public health surveil- KERRY of Massachusetts, I am intro- under subsection (a) shall provide for report- lance and monitoring systems. ducing legislation to provide incentives ing to the Director of the Centers for Disease ‘‘(b) COMPOSITION.—The committee estab- Control and Prevention as follows: for States to adopt the 21st Century lished under subsection (a) shall be composed Skills Framework. I take this step be- ‘‘(1) For diseases and conditions described of— in subsection (b)(4)(A), reporting will occur— ‘‘(1) an epidemiologist employed and des- cause the knowledge base and skills set ‘‘(A) by telephone or by using a system de- ignated by the Director of the Centers for that most students learn in school scribed in section 2821(c)(2)(B); and Disease Control and Prevention; should expand to provide students with ‘‘(B) within 24 hours of the State making a ‘‘(2) an informatics specialist designated the skills like critical thinking and determination that a disease or condition by the Director of the Centers for Disease problem solving, needed to succeed in meets the criteria for national reporting for Control and Prevention; modern workplaces and communities. that disease or condition. ‘‘(3) an epidemiologist designated by the ‘‘(2) For diseases and conditions described Increasingly, these settings are no Director of the Centers for Disease Control longer defined by conventional bound- in subsection (b)(4)(B), reporting will occur— and Prevention to represent the National ‘‘(A) by using a system described in section Center for Environmental Health and the aries such as time, distance, language, 2821(c)(2)(B); and Agency for Toxic Substances and Disease and culture. Moreover, rigorous higher ‘‘(B) only if funding is sufficient for the Registry; education coursework, career chal- State to conduct individual case surveillance ‘‘(4) a representative of an academic center lenges, and a globally competitive and to have the necessary systems to support or professional, scientific association des- workforce—all demand that America’s electronic reporting. ignated by the American Society for Micro- ‘‘(d) DEFINITIONS.—In this section, the term schools align their classroom environ- biology; ments with real world environments by ‘nationally notifiable’, with respect to a dis- ‘‘(5) a food scientist designated by the ease or condition, means included on the list infusing 21st century skills into their Commissioner of Food and Drugs; developed pursuant to subsection (b). ‘‘(6) an individual designated by the Sec- learning and teaching. ‘‘SEC. 2824. IMPROVING BINATIONAL SURVEIL- retary of Agriculture from the Division of What are those skills? The frame- LANCE AND NOTIFICATION. Veterinary Services; work describes essential attributes of ‘‘(a) FINDINGS.—The Congress finds as fol- lows: ‘‘(7) a wildlife disease specialist designated learning that America’s children need ‘‘(1) Nearly 1,000,000 people cross the inter- by the Secretary of Agriculture; in order to succeed as citizens and national border between the United States ‘‘(8) an epidemiologist employed by a State workers in the 21st century. These in- and Mexico on a daily basis, and this and designated by the Council of State and clude mastery in the core subjects of transmobility of population presents actual Territorial Epidemiologists; English, reading, mathematics, ‘‘(9) a public health laboratorian employed cases and the potential risk of transmission science, foreign languages, civics, Gov- of infectious diseases and disease agents be- by a State and designated by the Association of Public Health Laboratories; ernment, economics, art, history, and tween these countries. geography. This bill does not ignore ‘‘(2) Numerous infectious disease cases in ‘‘(10) a public health veterinarian em- the United States are binational in origin, ployed by a State and designated by the Na- core curriculum, but it seeks to add thus requiring improved epidemiology, sur- tional Association of State Public Health skills and new awareness to this basic veillance, follow-up investigations, and dis- Veterinarians; knowledge. Today’s students need prep- ease case management along the United ‘‘(11) a laboratorian designated by the aration to put their education in con- States and Mexico border. American Association of Veterinary Labora- text including a sense of global aware- ‘‘(b) GUIDELINES FOR BINATIONAL COOPERA- tory Diagnosticians; ‘‘(12) a State health official designated by ness; financial, economic, business and TION.—Not later than 1 year after the date of entrepreneurial literacy; civic literacy; the enactment of this subtitle, the Director the Association of State and Territorial of the Centers for Disease Control and Pre- Health Officials; and health and wellness awareness that vention shall— ‘‘(13) a local health official designated by complements the traditional core sub- ‘‘(1) develop an expedited review and ap- the National Association of County and City jects. Given the fast pace of our work- proval process and adopt the resultant Health Officials; place and culture, our students need version of the ‘Guidelines for U.S.-Mexico ‘‘(14) an environmental health scientist the ability to engage in life-long learn- Coordination on Epidemiological Events of employed and designated by the Adminis- ing that ensures adaptability in the Mutual Interest’, which have been developed trator of the Environmental Protection Agency; and face of rapidly changing work environ- with input from United States and Mexican ments brought on by new scientific, State health agencies, including the Mexican ‘‘(15) a representative with expertise in the Federal Health Secretariat, the United Department of Veterans Affairs’ disease technological, and social develop- States Department of Health and Human monitoring systems. ments. Plus, students need to be able Services, and the Centers for Disease Control ‘‘(c) FUNCTIONS.—The committee estab- to use information and communica- and Prevention; and lished under subsection (a) shall— tions technology both to learn core

VerDate Nov 24 2008 01:14 May 14, 2009 Jkt 079060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\A13MY6.038 S13MYPT1 jbell on PROD1PC69 with SENATE S5440 CONGRESSIONAL RECORD — SENATE May 13, 2009 academic subjects and to gain 21st cen- reduction in the credit rate for certain Our Nation faces record unemploy- tury content knowledge and abilities. facilities producing electricity from re- ment, with more than 540,000 Ameri- The 21st Century Skills Framework newable resources; to the Committee cans put out of work last month alone also identifies the critical role teachers on Finance. and 90,000 job losses in Arkansas. It is must play in bringing life skills into Mrs. LINCOLN. Mr. President, I have more important now than ever before their classrooms—skills that include come to my colleagues today, having that we encourage the creation and leadership, ethics, accountability, come down to the floor last week, when preservation of American jobs. My bill adaptability, personal productivity, I came to the Senate floor to announce provides a new job tax credit for manu- personal responsibility, self-direction, a new plan to give working families facturers that do a substantial portion and social responsibility. West Virginia and businesses the tools they need to of their research and manufacturing is working to include this model in succeed during this current economic right here at home in the United their classrooms, and I have watched crisis we are in. I come today also to States. This new tax credit will encour- how this model enhances the engage- add to my Arkansas plan a package of age greater domestic production, which ment of students. tax cuts and Tax Code simplification would, in turn, lead to the creation of In today’s global, knowledge-based measures designed to move Arkansas more American jobs. economy these 21st Century skills form and our State’s hard-working families Today, I am focused on a series of al- the lifeblood of a productive workforce forward. Together, these tax measures ternative energy and conservation pro- particularly in scientific, engineering, will allow working families and small posals as well. My first bill provides an and other advanced technological sec- businesses to get ahead and emerge even playing field for all renewable en- tors. If the U.S. is to exercise contin- from the economic crisis stronger and ergy production. The Federal Tax Code ued economic leadership internation- more competitive. currently offers an income tax credit ally we must enable strong partner- We have a lot of small businesses, for the production of electricity pro- ships to form among educators, admin- hard-working families down in Arkan- duced from renewable energy re- istrators, policy makers, and the busi- sas; entrepreneurs who unfortunately sources, but not all resources are treat- ness community so that they may feel as though during this crisis they ed the same. Under current law, some work collectively to better prepare our are not getting much out of Wash- energy resources receive a higher level students for the realities of the 21st ington. We want to change that atti- credit than others, and as a result, cer- century. tude. We want to make sure they are tain new renewable energy tech- This initiative began in 2002 with getting our support and that we as the nologies have a more difficult time funding from the U.S. Department of Government are creating an atmos- finding the necessary investment cap- Education to support innovative edu- phere and an environment where they ital they need to start that process of cation reforms. The partnership was a can be successful. investing in new technology and get- collaboration of educators and busi- We are also going to encourage inno- ting it to the marketplace in a reason- nesses, particularly high-tech business vation and entrepreneurship to create able way so it is cost-effective. that did surveys and meetings to dis- new jobs and lessen our dependence on These are critical ideas that exist out cuss the real skills that students need foreign oil and reduce the burden on there. We need to make sure everybody to learn to succeed. It clearly builds on working families and small businesses is at the table. When we look at renew- the core subjects, but it adds the skills by simplifying our Tax Code. It is way able energy, we see that there are a and awareness that are essential to the too complicated these days. We have multitude of great ideas out there, but workplace. created too much of a complicated code getting those ideas to the table and The purpose of the 21st Century that people can’t use it for its intended then out into the marketplace is a crit- Skills Incentive Fund Act is to offer purposes, and that is, obviously, to en- ical part of that journey. If we don’t competitive grants from in the Depart- courage good, healthy businesses to make sure everyone has that same ben- ment of Education for States willing to thrive and to be competitive. efit with their ideas and technologies invest in education reform. To qualify, Last week, I introduced a number of and being able to get out there, if it is States need to have a plan for imple- legislative measures that will allow not a fair playing field, then we are mentations of the 21st Century Skills working families and small businesses going to lose multiple opportunities. Framework. It also calls an assessment to emerge from the economic crisis I hope we will look forward and not of progress towards the four student stronger and more competitive than backward in terms of how we are learning priorities and evaluation. before. This week, my Arkansas plan incentivizing this renewable energy. So Ten States have also already taken focuses on encouraging innovation and much of what we see in terms of com- steps to implement the 21st Century entrepreneurship to create new jobs plications or challenges small busi- Skills initiative, including Arizona, here at home and lessen our depend- nesses face in finding investment cap- Iowa, Kansas, Maine, Massachusetts, ence on foreign oil. All of us want to be ital is particularly problematic with New Jersey, North Carolina, South Da- able to be more independent. We want the pursuit of renewable energy oppor- kota, West Virginia, and Wisconsin. to make sure we are creating jobs here, tunities in my home State of Arkansas, Such States that are willing and eager but we also want to know that, glob- where biomass is a predominant renew- to engage in such reforms deserve the ally, we are more independent as a able resource but only gets half the tax chance to compete for incentives. country and that we are not seeing credit that many other resources re- In my own State of West Virginia that dependence on imported oil com- ceive. and in the other committed States, ing from other places. That is ridiculous. We have a tremen- education leaders report enthusiasm Yesterday, I introduced the USA dous resource right here and available for reforms. Jobs Act of 2009, which offers a new re- to us—not just in Arkansas but in Although the economic downturn has search and development bonus incen- many States in our country. It can current challenges for new investment tive to companies that both research play a tremendous role in lifting our in education, waiting for a better time and manufacture their products in the dependence on foreign oil and finding to engage in reform would be unwise. United States. Before, in the stimulus renewable sources of energy. Today’s sixth grade class, will be enter- package, we extended the research and My proposal would level the playing ing the work force in 2015, after high development tax credit to encourage field for all energy resources by in- school or 2019 after college, they need more research and development of new creasing the value of the credit to a to be prepared. The 21st Century Skills ideas and new products, new meth- full credit level for those resources Incentive Act makes attention to this odologies so we could create jobs from that currently receive only a partial imperative a national priority. those. We also need to make sure we credit. It certainly makes sense not are not sending those new ideas and only in the sense that there are certain By Mrs. LINCOLN (for herself that new research somewhere else on resources that exist today that are and Ms. COLLINS): the globe to be able to be produced or moving forward in their technology, S. 1030. A bill to amend the Internal manufactured. We want to incentivize but there are also resources down the Revenue Code of 1986 to eliminate the that it stays right here at home. road. It is amazing to me to see what

VerDate Nov 24 2008 01:14 May 14, 2009 Jkt 079060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\A13MY6.040 S13MYPT1 jbell on PROD1PC69 with SENATE May 13, 2009 CONGRESSIONAL RECORD — SENATE S5441 scientists are doing, even with things an industry that has available to mittee on Health, Education, Labor, like algae, to be able to produce oil, them—the biomass—from byproducts and Pensions. and looking at how we can use our ag- and from other woody products that Mrs. BOXER. Mr. President, as we ricultural byproducts—a host of things, are there, which may be discarded or mark the end of National Nurses Week, any of that woody biomass that we can unusable—to be able to produce elec- I want to express my heartfelt appre- begin to put to good use in making en- tricity from a renewable source. ciation to the dedicated professionals ergy and be less dependent on imported The use of biomass electricity, who serve on the front lines of our oil. whether produced onsite or purchased health care system. Nurses are he- Also, I am introducing legislation from a utility, has the same positive roes—not just to their patients, but to today that provides long-term cer- impact of reducing fossil fuel consump- the families and loved ones who rely on tainty for producers and consumers of tion and should be encouraged. That is their compassion and care. biofuels. Currently, the U.S. Tax Code exactly what we want to do. We want While we celebrate nurses this week, includes credits to encourage the pro- to encourage these types of activities we must also acknowledge that too duction of biodiesel and renewable die- and what we can do in terms of cre- many nurses are overworked because of sel, which are proven alternative fuels ating new and innovative ideas with re- staffing levels that are simply inad- that will help us lessen our dependence newable energy. equate. on foreign oil. Every barrel of biofuel Later this week I plan to introduce a Nurses treat patients not just in hos- that we produce is a barrel of imported bill to also encourage workforce train- pitals or emergency rooms but in oil we would not have to import. These ing and development. Together, I think homes, schools, community health cen- incentives have been extended on a these bills will create jobs at home. ters and more. Nurses take on a lot of short-term basis in recent years and They will help strengthen our economy different duties and roles, but they all are scheduled to expire at the end of and reduce our dependence on foreign have at least one thing in common— this year. oil. These are all priorities I think each they are all on the front lines of pro- When we see all of these great ideas one of the Members of this body seek viding care to patients. For decades nurses have been telling and we see people who are willing to in- to achieve. I, for one, decided to put to- us that there are not enough of them, vest their capital and their time and gether a plan that I think is particu- especially in hospitals. Study after energy and resources into moving these larly good for my State, with a series study has been done—we know there is industries to the marketplace, and in a of different types of bills that I am in- a nationwide nursing shortage. reasonable, cost-effective way they can troducing—last week, this week, and By 2020, it is estimated that the de- then integrate it into the marketplace, next week—in a way that I think can mand for full time nurses will exceed it takes resources. But it takes predict- be productive for my State. I think supply by 1 million nurses. ability in our Tax Code as well, know- most Senators will find that these are This is unacceptable. We must ad- ing they are going to be able to depend tools that will be just as effective for dress a problem that affects the quality on a certain tax treatment over a cer- their States as well. I encourage them of care that patients receive and drives tain period of time that allows them to to take a look at what we are doing. too many nurses away from the hos- access that capital in the capital mar- Next week, I will complete the roll- pital bedside. ket. out of our Arkansas plan by intro- That is why I am introducing the Na- If these credits were allowed to ex- ducing reform measures to simplify the tional Nursing Reform and Patient Ad- pire, these new technologies in renew- Tax Code and reduce the burden on vocacy Act, which will not only help able fuels would be priced significantly Americans, and particularly Arkan- address the nationwide shortage of higher than petroleum diesel and, as a sas’s working families and businesses skilled nurses, it will improve the qual- result, would not be competitive in the by working to build a tax structure ity of health care for all Americans. fuels marketplace. Biofuel producers that is fair and equitable for all Ameri- The National Nursing Reform and and consumers in our State need the cans. Patient Advocacy Act champions nurs- certainty that these economic incen- Again, I encourage my colleagues to ing rights, nursing ratios, and nursing tives provide and help to sustain this take a look at these commonsense reform. new market. measures to see how they will benefit Specifically, this bill protects the We cannot move forward in changing their own constituents. I work hard in rights of nurses to speak out for their our mindset and our marketplace from the Senate to be pragmatic and look patients and to speak out for them- an old energy economy to a new one if for solutions that are good for every- selves, without the fear of discrimina- we don’t embrace the idea that we have body and, more important, that are fo- tion or retaliation, because if there is a to produce some predictability for cused on the issues that are important problem in a hospital nurses should be these new emerging industries and to us as a country, like getting our able to talk about it. fuels in a way they can—particularly economy back on track, making sure This bill sets minimum nurse to pa- in these difficult economic times—ac- Americans can keep jobs, and for those tient ratios, because you cannot give cess the capital they need to move for- who have lost jobs, we can put back to patients high quality care without giv- ward with the ideas and development work, with the new ideas that we know ing nurses the time to provide it. It of- and the production of all of these great Americans are so very capable of. fers transparency in the process of es- new ideas that exist out there. We must make our Nation’s working tablishing staffing plans in hospitals My proposal would provide a 10-year families and our small businesses a top and puts forward the tools to report in- extension of the credits through 2018 to priority. The Arkansas plan does just adequate staffing or care. provide a stable environment for the that. I will continue to fight to bring This bill reforms the role of hospitals creation of a strong domestic biofuels our families the relief they need and not just in retaining nurses but also in industry. our business owners the tools they re- training nurses. It creates a Registered I want to highlight a bill I introduced quire to invest and grow and be com- Nurse Workforce Initiative that invests a few weeks ago with Senators ROB- petitive in the global marketplace that in the education of nurses and nursing ERTS, SNOWE, CANTWELL, and COLLINS we have been begging so longingly for faculty, because we will need many that would allow electricity from bio- over the years. We need to make sure more nurses to meet the needs of our mass produced onsite to qualify for the Government is going to create that en- Nation—especially after we expand ac- section 45 renewable electricity pro- vironment where they can do just cess to health care. duction tax credit. that—invest, grow, and be competitive. President Obama has made improv- According to the American Forest ing patient safety and quality care one and Paper Association, in 2005, the in- By Mrs. BOXER: of the cornerstones of the health care dustry produced 28.5 million megawatt S. 1031. A bill to amend the Public reform effort. You can’t have high hours of biomass-based electricity, Health Service Act to establish direct quality health care without a high which avoided the use of more than 200 care registered nurse-to-patient staff- quality nurse workforce to provide it. million barrels of oil. There it is, plain ing ratio requirements in hospitals, Ten years ago, nurses in California and simple—what we can be doing with and for other purposes; to the Com- fought and won a major battle for their

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As is the case with any (A) summarize the best available scientific I am proud to bring this fight to bill that is introduced by request, we evidence on climate change; (B) identify the implications of climate Washington, DC and to pursue federal introduce this bill for the purpose of change for the water cycle and the avail- legislation that would extend these placing the administration’s proposals ability and quality of water resources; and rights, ratios and reforms to nurses in before Congress and the public without (C) provide general guidance on planning hospitals across the country. expressing our own views on the sub- and adaptation strategies for water utilities; Reports on California ratios have stance of these proposals. As chairman and only begun to show what all of the and ranking member of the Armed (10) given uncertainties about specific cli- nurses in this room already know— Services Committee, we look forward mate changes in particular areas, drinking that setting a minimum standard for to giving the administration’s re- water utilities need to prepare for a wider safe staffing can be the difference be- range of likely possibilities in managing and quested legislation our most careful re- delivery of water. tween life and death of patients. view and thoughtful consideration. SEC. 3. RESEARCH ON THE EFFECTS OF CLIMATE A 2002 study found that for every pa- CHANGE ON DRINKING WATER UTIL- tient added to a nurse’s workload there By Mr. REID (for himself, Mrs. ITIES. is a seven percent increase in the FEINSTEIN, and Mrs. BOXER): (a) IN GENERAL.—The Administrator of the chance of death following common sur- S. 1035. A bill to enhance the ability Environmental Protection Agency, in co- geries. of drinking water utilities in the operation with the Secretary of Commerce, In California, the hospitals that have United States to develop and imple- the Secretary of Energy, and the Secretary ment climate change adaptation pro- of the Interior, shall establish and provide seen the greatest effect in reduced funding for a program of directed and applied mortality were the ones that started grams and policies, and for other pur- research, to be conducted through a non- with the worst staffing ratios. poses; to the Committee on Environ- profit drinking water research foundation We also know that hospitals are los- ment and Public Works. and sponsored by water utilities, to assist ing good nurses because of these staff- Mr. REID. Mr. President, I ask unan- the utilities in adapting to the effects of cli- ing shortages. A poll of nurses nation- imous consent that the text of the bill mate change. wide found that almost half of the be printed in the RECORD. (b) RESEARCH AREAS.—The research con- ducted in accordance with subsection (a) nurses who plan to quit their job say There being no objection, the text of the bill was ordered to be printed in shall include research into— that inadequate staffing is the reason (1) water quality impacts and solutions, in- they are leaving. The cost of replacing the RECORD, as follows: cluding research— these valuable workers has been esti- S. 1035 (A) to address probable impacts on raw mated at $25,000 to $60,000 per nurse. Be it enacted by the Senate and House of Rep- water quality resulting from— Too many nurses get burned out by resentatives of the United States of America in (i) erosion and turbidity from extreme pre- being overloaded with too many pa- Congress assembled, cipitation events; tients. Too many nurses have given up SECTION 1. SHORT TITLE. (ii) watershed vegetation changes; and This Act may be cited as the ‘‘Drinking on serving in hospitals because the hos- (iii) increasing ranges of pathogens, algae, Water Adaptation, Technology, Education, and nuisance organisms resulting from pitals have given up on providing a bet- and Research (WATER) Act’’. warmer temperatures; and ter environment for both nurses and SEC. 2. FINDINGS. (B) on mitigating increasing damage to wa- patients. Congress finds that— tersheds and water quality by evaluating ex- We need to remind hospitals that by (1) the consensus among climate scientists treme events, such as wildfires and hurri- investing more in their nursing staff, is overwhelming that climate change is oc- canes, to learn and develop management ap- they will save money by avoiding cost- curring more rapidly than can be attributed proaches to mitigate— ly medical mistakes and providing bet- to natural causes, and that significant im- (i) permanent watershed damage; ter care for their patients—and most pacts to the water supply are already occur- (ii) quality and yield impacts on source wa- ring; ters; and importantly, they will save lives. (2) among the first and most critical of (iii) increased costs of water treatment; I strongly believe that health care re- those impacts will be change to patterns of (2) impacts on groundwater supplies from form cannot succeed unless we invest precipitation around the world, which will carbon sequestration, including research to in our health care workforce. At 2.9 affect water availability for the most basic evaluate potential water quality con- million strong, nurses are the largest drinking water and domestic water needs of sequences of carbon sequestration in various health care workforce in our country, populations in many areas of the United regional aquifers, soil conditions, and min- and this investment is long overdue. States; eral deposits; My new legislation builds on the suc- (3) drinking water utilities throughout the (3) water quantity impacts and solutions, cess of California’s historic law for reg- United States, as well as those in Europe, including research— istered nurse staffing ratios. Under the Australia, and Asia, are concerned that ex- (A) to evaluate climate change impacts on tended changes in precipitation will lead to water resources throughout hydrological ba- California ratios law, lives are being extended droughts; sins of the United States; saved, nurses’ ability to be effective (4) supplying water is highly energy-inten- (B) to improve the accuracy and resolution advocates for their patients is stronger sive and will become more so as climate of climate change models at a regional level; and more registered nurses are enter- change forces more utilities to turn to alter- (C) to identify and explore options for in- ing the workforce and staying at the native supplies; creasing conjunctive use of aboveground and bedside longer—which is easing the (5) energy production consumes a signifi- underground storage of water; and State’s nursing shortage. cant percentage of the fresh water resources (D) to optimize operation of existing and Nurses are not just the face of the of the United States; new reservoirs in diminished and erratic pe- movement to improve health care in (6) since 2003, the drinking water industry riods of precipitation and runoff; of the United States has sponsored, through (4) infrastructure impacts and solutions for our country, they are the face of health a nonprofit water research foundation, var- water treatment and wastewater treatment care in our country. This bill is for ious studies to assess the impacts of climate facilities and underground pipelines, includ- them and the patients they so faith- change on drinking water supplies; ing research— fully serve. (7) those studies demonstrate the need for (A) to evaluate and mitigate the impacts of a comprehensive program of research into sea level rise on— By Mr. LEVIN (for himself and the full range of impacts on drinking water (i) near-shore facilities; Mr. MCCAIN) (by request): utilities, including impacts on water sup- (ii) soil drying and subsidence; S. 1033. A bill to authorize appropria- plies, facilities, and customers; (iii) reduced flows in water and wastewater tions for fiscal year 2010 for military (8) that nonprofit water research founda- pipelines; and activities of the Department of De- tion is also coordinating internationally (iv) extreme flows in wastewater systems; fense, to prescribe military personnel with other drinking water utilities on shared and research projects and has hosted inter- (B) on ways of increasing the resilience of strengths for fiscal year 2010, and for national workshops with counterpart Euro- existing infrastructure, planning cost-effec- other purposes; to the Committee on pean and Asian water research organizations tive responses to adapt to climate change, Armed Services. to develop a unified research agenda for ap- and developing new design standards for fu- Mr. LEVIN. Mr. President, Senator plied research on adaptive strategies to ad- ture infrastructure that include the use of MCCAIN and I are today introducing, by dress climate change impacts; energy conservation measures and renewable

VerDate Nov 24 2008 01:14 May 14, 2009 Jkt 079060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\CR\FM\A13MY6.045 S13MYPT1 jbell on PROD1PC69 with SENATE May 13, 2009 CONGRESSIONAL RECORD — SENATE S5443 energy in new construction to the maximum (11) communications, education, and public Whereas the shortage of such physicians extent practicable; acceptance, including research— has a disproportionate impact on thousands (5) desalination, water reuse, and alter- (A) into improved strategies and ap- of Hispanics across the United States; native supply technologies, including re- proaches for communicating with customers, Whereas CCM has not been studied suffi- search— decisionmakers, and other stakeholders ciently by the National Institutes of Health (A) to improve and optimize existing mem- about the implications of climate change on and others; brane technologies, and to identify and de- water supply and water management; Whereas there is a need to expeditiously velop breakthrough technologies, to enable (B) to develop effective communication ap- initiate pilot studies to research the use of the use of seawater, brackish groundwater, proaches— medications to treat CCM; and treated wastewater, and other impaired (i) to gain public acceptance of alternative Whereas medications that treat CCM will sources; water supplies and new policies and prac- enable preventive treatment that reduces (B) into new sources of water through more tices, including conservation and demand the risk of hemorrhage in those who have cost-effective water treatment practices in management; and been diagnosed, thereby saving lives and dra- recycling and desalination; and (ii) to gain public recognition and accept- matically reducing healthcare costs: Now, (C) to improve technologies for use in— ance of increased costs; and therefore, be it (i) managing and minimizing the volume of (C) to create and maintain a clearinghouse Resolved, That it is the sense of the Senate desalination and reuse concentrate streams; of climate change information for water util- that there is a critical need to increase re- and ities, academic researchers, stakeholders, search, awareness, and education about cere- (ii) minimizing the environmental impacts government agencies, and research organiza- bral cavernous malformations. tions. of seawater intake at desalination facilities; f (c) AUTHORIZATION OF APPROPRIATIONS.— (6) energy efficiency and greenhouse gas There is authorized to be appropriated to minimization, including research— AMENDMENTS SUBMITTED AND carry out this section $25,000,000 for each of PROPOSED (A) on optimizing the energy efficiency of fiscal years 2010 through 2020. water supply and wastewater operations and SA 1092. Mr. LEVIN (for himself and Mrs. f improving water efficiency in energy produc- MCCASKILL) submitted an amendment in- tion and management; and SUBMITTED RESOLUTIONS tended to be proposed to amendment SA 1058 (B) to identify and develop renewable, car- proposed by Mr. DODD (for himself and Mr. bon-neutral energy options for the water SHELBY) to the bill H.R. 627, to amend the supply and wastewater industry; SENATE RESOLUTION 148—EX- Truth in Lending Act to establish fair and (7) regional and hydrological basin cooper- PRESSING THE SENSE OF THE transparent practices relating to the exten- ative water management solutions, includ- SENATE THAT THERE IS A CRIT- sion of credit under an open end consumer ing research into— ICAL NEED TO INCREASE RE- credit plan, and for other purposes; which (A) institutional mechanisms for greater was ordered to lie on the table. regional cooperation and use of water ex- SEARCH, AWARENESS, AND EDU- SA 1093. Mr. LEVIN (for himself and Mrs. changes, banking, and transfers; and CATION ABOUT CEREBRAL CAV- MCCASKILL) submitted an amendment in- (B) the economic benefits of sharing risks ERNOUS MALFORMATIONS tended to be proposed to amendment SA 1058 of shortage across wider areas; Mr. UDALL of New Mexico submitted proposed by Mr. DODD (for himself and Mr. (8) utility management, decision support the following resolution; which was SHELBY) to the bill H.R. 627, supra; which systems, and water management models, in- considered and agreed to: was ordered to lie on the table. cluding research— SA 1094. Mr. LEVIN (for himself, Mrs. S. RES. 148 (A) into improved decision support systems MCCASKILL, and Ms. COLLINS) submitted an and modeling tools for use by water utility Whereas cerebral cavernous malformation amendment intended to be proposed by him managers to assist with increased water sup- (in this resolution referred to as ‘‘CCM’’), or to the bill H.R. 627, supra; which was ordered ply uncertainty and adaptation strategies cavernous angioma, is a devastating blood to lie on the table. posed by climate change; vessel disease that has enormous con- SA 1095. Mr. LEVIN submitted an amend- (B) to provide financial tools, including sequences for people affected and their fami- ment intended to be proposed to amendment new rate structures, to manage financial re- lies; SA 1058 proposed by Mr. DODD (for himself sources and investments, because increased Whereas cavernous angiomas are mal- and Mr. SHELBY) to the bill H.R. 627, supra; conservation practices may diminish rev- formations in the brain that cannot be de- which was ordered to lie on the table. enue and increase investments in infrastruc- tected easily, except through very specific SA 1096. Mr. LEVIN (for himself, Ms. COL- ture; and medical imaging scans; LINS, and Mr. MENENDEZ) submitted an (C) to develop improved systems and mod- Whereas people with CCM are rarely aware amendment intended to be proposed to els for use in evaluating— that they have the disease, which makes amendment SA 1058 proposed by Mr. DODD (i) successful alternative methods for con- taking blood thinners or aspirin risky; (for himself and Mr. SHELBY) to the bill H.R. servation and demand management; and Whereas, according to the Angioma Alli- 627, supra; which was ordered to lie on the (ii) climate change impacts on ground- ance, in the general population, 1 in approxi- table. water resources; mately 200 people has CCM; SA 1097. Mr. LEVIN submitted an amend- (9) reducing greenhouse gas emissions and Whereas, according to the Angioma Alli- ment intended to be proposed to amendment improving energy demand management, in- ance, more than 1⁄2 of the people with CCM SA 1058 proposed by Mr. DODD (for himself cluding research to improve energy effi- experience symptoms at some point in their and Mr. SHELBY) to the bill H.R. 627, supra; ciency in water collection, production, trans- lives; which was ordered to lie on the table. mission, treatment, distribution, and dis- Whereas, according to the Angioma Alli- SA 1098. Mr. UDALL, of New Mexico sub- posal to provide more sustainability and ance, there is a hereditary form of CCM, mitted an amendment intended to be pro- means to assist drinking water utilities in caused by a mutation or deletion on any 1 of posed to amendment SA 1058 proposed by Mr. reducing the production of greenhouse gas 3 genes, that is characterized by multiple DODD (for himself and Mr. SHELBY) to the bill emissions in the collection, production, cavernous malformations; H.R. 627, supra; which was ordered to lie on transmission, treatment, distribution, and Whereas, according to the Angioma Alli- the table. disposal of drinking water; ance, each child born to parents with the he- SA 1099. Mrs. FEINSTEIN (for herself, Mr. (10) water conservation and demand man- reditary form of CCM has a 50 percent chance CORKER, Mr. CASEY, Mr. GRASSLEY, Mr. agement, including research— of having CCM; KERRY, and Mr. LEVIN) submitted an amend- (A) to develop strategic approaches to Whereas, according to the Angioma Alli- ment intended to be proposed to amendment water demand management that offer the ance, a specific genetic mutation of CCM SA 1058 proposed by Mr. DODD (for himself lowest-cost, noninfrastructural options to called the ‘‘common Hispanic mutation’’, and Mr. SHELBY) to the bill H.R. 627, supra; serve growing populations or manage declin- which has been traced to the original Span- which was ordered to lie on the table. ing supplies, primarily through— ish settlers of the Americas in the 1590’s, has SA 1100. Mr. DURBIN (for himself and Mr. (i) efficiencies in water use and realloca- now spread across at least 17 generations of BOND) submitted an amendment intended to tion of the saved water; families; be proposed to amendment SA 1058 proposed (ii) demand management tools; Whereas while CCM is more prevalent in by Mr. DODD (for himself and Mr. SHELBY) to (iii) economic incentives; and certain States, families throughout the the bill H.R. 627, supra; which was ordered to (iv) water-saving technologies; and United States are at risk; lie on the table. (B) into efficiencies in water management Whereas a person with CCM could go SA 1101. Mr. BURR submitted an amend- through integrated water resource manage- undiagnosed until sudden death, seizure, or ment intended to be proposed by him to the ment that incorporates— stroke; bill H.R. 627, supra; which was ordered to lie (i) supply-side and demand-side processes; Whereas there is a shortage of physicians on the table. (ii) continuous adaptive management; and who are familiar with CCM, making it dif- SA 1102. Mr. MENENDEZ submitted an (iii) the inclusion of stakeholders in deci- ficult for people with CCM to receive timely amendment intended to be proposed to sionmaking processes; and diagnosis and appropriate care; amendment SA 1058 proposed by Mr. DODD

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(for himself and Mr. SHELBY) to the bill H.R. open end consumer credit plan, if the cred- ‘‘(B) the imposition of fees on cardholders; 627, supra; which was ordered to lie on the itor imposes a transaction fee on the obligor, ‘‘(C) the imposition of fees on merchants, table. including a cash advance fee, late fee, over- and SA 1103. Mr. UDALL, of Colorado (for him- the-limit fee, or balance transfer fee, the ‘‘(D) any other material source of income, self, Mr. LEVIN, Mr . LIEBERMAN, Mr. UDALL, creditor may not impose or collect interest while specifying the nature of that income.’’. of New Mexico, Mrs. GILLIBRAND, Mr. BURRIS, with respect to such fee amount.’’. and Mrs. HAGAN) submitted an amendment SA 1095. Mr. LEVIN submitted an intended to be proposed to amendment SA SA 1094. Mr. LEVIN (for himself, amendment intended to be proposed to 1058 proposed by Mr. DODD (for himself and Mrs. MCCASKILL, and Ms. COLLINS) sub- amendment SA 1058 proposed by Mr. Mr. SHELBY) to the bill H.R. 627, supra; which mitted an amendment intended to be DODD (for himself and Mr. SHELBY) to was ordered to lie on the table. proposed by him to the bill H.R. 627, to the bill H.R. 627, to amend the Truth in SA 1104. Mr. ISAKSON (for himself and Mr. amend the Truth in Lending Act to es- CHAMBLISS) submitted an amendment in- Lending Act to establish fair and tended to be proposed to amendment SA 1084 tablish fair and transparent practices transparent practices relating to the submitted by Mrs. GILLIBRAND to the amend- relating to the extension of credit extension of credit under an open end ment SA 1058 proposed by Mr. DODD (for him- under an open end consumer credit consumer credit plan, and for other self and Mr. SHELBY) to the bill H.R. 627, plan, and for other purposes; which was purposes; which was ordered to lie on supra. ordered to lie on the table; as follows: the table; as follows: SA 1105. Mr. SANDERS submitted an At the appropriate place, insert the fol- On page 14, line 12, after ‘‘transaction.’’ in- amendment intended to be proposed to lowing: amendment SA 1058 proposed by Mr. DODD sert the following: SEC. ll. STRENGTHEN CREDIT CARD INFORMA- ESTRICTION ON FEES CHARGED FOR AN (for himself and Mr. SHELBY) to the bill H.R. ‘‘(7) R TION COLLECTION. OVER-THE-LIMIT TRANSACTION.—With respect 627, supra; which was ordered to lie on the Section 136(b) of the Truth in Lending Act table. to a credit card account under an open end (15 U.S.C. 1646(b)) is amended— consumer credit plan, an over-the-limit fee SA 1106. Mrs. MURRAY submitted an (1) in paragraph (1)— amendment intended to be proposed to may be imposed only once during a billing (A) by striking ‘‘The Board shall’’ and in- cycle if, on the last day of such billing cycle, amendment SA 1058 proposed by Mr. DODD serting the following: (for himself and Mr. SHELBY) to the bill H.R. the credit limit on the account is exceeded, ‘‘(A) IN GENERAL.—The Board shall’’; and an over-the-limit fee, with respect to 627, supra; which was ordered to lie on the (2) by adding at the end the following: table. such excess credit, may be imposed only once ‘‘(B) INFORMATION TO BE INCLUDED.—The in- SA 1107. Ms. COLLINS (for herself, Mr. in each of the 2 subsequent billing cycles, un- formation under subparagraph (A) shall in- less the consumer has obtained an additional LIEBERMAN, and Mr. BURRIS) submitted an clude, for the relevant semiannual period, amendment intended to be proposed to extension of credit in excess of such credit the following information— limit during any such subsequent cycle or amendment SA 1058 proposed by Mr. DODD ‘‘(i) a list of each type of transaction or (for himself and Mr. SHELBY) to the bill H.R. the consumer reduces the outstanding bal- event during the semiannual period for ance below the credit limit as of the end of 627, supra. which one or more card issuer has imposed a SA 1108. Mrs. BOXER submitted an amend- such billing cycle.’’. separate interest rate upon a cardholder, in- ment intended to be proposed to amendment cluding purchases, cash advances, and bal- SA 1058 proposed by Mr. DODD (for himself SA 1096. Mr. LEVIN (for himself, Ms. ance transfers; and Mr. SHELBY) to the bill H.R. 627, supra; COLLINS, and Mr. MENENDEZ) submitted ‘‘(ii) for each type of transaction or event which was ordered to lie on the table. identified under clause (i)— an amendment intended to be proposed SA 1109. Mr. ENSIGN submitted an amend- ‘‘(I) each distinct interest rate charged by to amendment SA 1058 proposed by Mr. ment intended to be proposed by him to the the card issuer to a cardholder during the DODD (for himself and Mr. SHELBY) to bill H.R. 627, supra; which was ordered to lie semiannual period; and the bill H.R. 627, to amend the Truth in on the table. ‘‘(II) the number of cardholders to whom SA 1110. Mr. AKAKA submitted an amend- Lending Act to establish fair and each such interest rate was applied during ment intended to be proposed to amendment transparent practices relating to the the last calendar month of the semiannual SA 1058 proposed by Mr. DODD (for himself extension of credit under an open end period, and the total amount of interest and Mr. SHELBY) to the bill H.R. 627, supra; consumer credit plan, and for other charged to such cardholders at each such which was ordered to lie on the table. rate during such month; purposes; which was ordered to lie on f ‘‘(iii) a list of each type of fee that one or the table; as follows: TEXT OF AMENDMENTS more card issuer has imposed upon a card- On page 34, between lines 9 and 10, insert holder during the semiannual period, includ- the following: SA 1092. Mr. LEVIN (for himself and ing any fee imposed for obtaining a cash ad- SEC. 205. PREVENTION OF DECEPTIVE MAR- Mrs. MCCASKILL) submitted an amend- vance, making a late payment, exceeding the KETING OF CREDIT REPORTS. ment intended to be proposed to credit limit on an account, making a balance Section 612 of the Fair Credit Reporting amendment SA 1058 proposed by Mr. transfer, or exchanging United States dollars Act (15 U.S.C. 1681j) is amended by inserting DODD (for himself and Mr. SHELBY) to for foreign currency; after subsection (f) the following: the bill H.R. 627, to amend the Truth in ‘‘(iv) for each type of fee identified under ‘‘(g) PREVENTION OF DECEPTIVE MARKETING clause (iii), the number of cardholders upon Lending Act to establish fair and OF CREDIT REPORTS.— whom the fee was imposed during each cal- ‘‘(1) IN GENERAL.—Any entity advertising transparent practices relating to the endar month of the semiannual period, and free credit reports in any medium must extension of credit under an open end the total amount of fees imposed upon card- prominently disclose in each such advertise- consumer credit plan, and for other holders during such month; ment that— purposes; which was ordered to lie on ‘‘(v) the total number of cardholders that ‘‘(A) the Fair Credit Reporting Act guaran- the table; as follows: incurred any interest charge or any fee dur- tees a consumer access to a free credit report On page 2, line 9, strike ‘‘9 months’’ and in- ing the semiannual period; and from each of the three nationwide reporting sert ‘‘6 months’’. ‘‘(vi) any other information related to in- agencies once every twelve months; and terest rates, fees, or other charges that the ‘‘(B) AnnualCreditReport.com is the only SA 1093. Mr. LEVIN (for himself and Board deems of interest.’’; and authorized source for a consumer to get a (3) by adding at the end the following: free annual credit report under Federal law. Mrs. MCCASKILL) submitted an amend- ‘‘(5) REPORT TO CONGRESS.—The Board ‘‘(2) TELEVISION ADVERTISEMENTS.—In the ment intended to be proposed to shall, on an annual basis, transmit to Con- case of an advertisement broadcast by tele- amendment SA 1058 proposed by Mr. gress and make public a report containing an vision, the disclosures required under para- DODD (for himself and Mr. SHELBY) to assessment by the Board of the profitability graph (1) shall be included in the audio or the bill H.R. 627, to amend the Truth in of credit card operations of depository insti- the audio and visual part of such advertise- Lending Act to establish fair and tutions. Such report shall include estimates ment.’’. transparent practices relating to the by the Board of the approximate, relative extension of credit under an open end percentage of income derived by such oper- SA 1097. Mr. LEVIN submitted an ations from— consumer credit plan, and for other amendment intended to be proposed to ‘‘(A) the imposition of interest rates on amendment SA 1058 proposed by Mr. purposes; which was ordered to lie on cardholders, including separate estimates DODD (for himself and Mr. SHELBY) to the table; as follows: for— On page 14, lines 20 and 21, after ‘‘cred- ‘‘(i) interest with an annual percentage the bill H.R. 627, to amend the Truth in itor.’’ insert the following: rate of less than 25 percent, and Lending Act to establish fair and ‘‘(m) NO INTEREST CHARGES ON FEES.—With ‘‘(ii) interest with an annual percentage transparent practices relating to the respect to a credit card account under an rate equal to or greater than 25 percent; extension of credit under an open end

VerDate Nov 24 2008 01:14 May 14, 2009 Jkt 079060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\CR\FM\A13MY6.041 S13MYPT1 jbell on PROD1PC69 with SENATE May 13, 2009 CONGRESSIONAL RECORD — SENATE S5445 consumer credit plan, and for other At the end of title V, add the following: ‘‘(ii) the creditor has agreed to offer dis- purposes; which was ordered to lie on SEC. 503. ENHANCED DISCLOSURE OF ATM FEES. counted terms to the consumer; or the table; as follows: Section 127(b) of the Truth in Lending Act ‘‘(iii) the credit card bears the name, em- blem, mascot, or logo of such institution, or- At the end of title V, add the following new (15 U.S.C. 1637(b)) is amended by adding at ganization, or foundation , or other words, section: the end the following: ‘‘(13) The information required to be dis- pictures, or symbols readily identified with SEC. 503. STATUTE OF LIMITATIONS FOR DEBT such institution, organization, or founda- COLLECTION. closed under section 904(d)(3) with respect to tion. (a) RULES ON STATUTE OF LIMITATIONS.— automated teller machines operated by or on ‘‘(B) COLLEGE STUDENT CREDIT CARD AC- (1) PROPOSED RULE.—Not later than 1 year behalf of the creditor, including all fees asso- COUNT.—The term ‘college student credit after the date of enactment of this Act, the ciated with such transactions, both in and card account’ means a credit card account Chairman of the Federal Trade Commission, out of network, listed in a conspicuous loca- under an open end consumer credit plan es- in consultation with the Federal banking tion on the billing statement.’’. tablished or maintained for or on behalf of regulators, shall publish a proposed rule in any college student. the Federal Register establishing a statute SA 1099. Mrs. FEINSTEIN (for her- ‘‘(C) COLLEGE STUDENT.—The term ‘college of limitations for the collection of debt asso- self, Mr. CORKER, Mr. CASEY, Mr. student’ means an individual who is a full- ciated with a credit card account under an GRASSLEY, Mr. KERRY, and Mr. LEVIN) time or a part-time student attending an in- open end credit plan after the account has submitted an amendment intended to stitution of higher education. been closed by the creditor or the cardholder be proposed to amendment SA 1058 pro- ‘‘(D) INSTITUTION OF HIGHER EDUCATION.— (or the representative thereof). posed by Mr. DODD (for himself and Mr. The term ‘institution of higher education’ (2) FINAL RULE.—Not later than 18 months SHELBY) to the bill H.R. 627, to amend has the same meaning as in section 101 and after the date of enactment of this Act, the the Truth in Lending Act to establish 102 of the Higher Education Act of 1965 (20 Chairman of the Federal Trade Commission U.S.C. 1002). shall publish a final rule in the Federal Reg- fair and transparent practices relating ‘‘(2) REPORTS BY CREDITORS.— ister on the matter described in paragraph to the extension of credit under an ‘‘(A) IN GENERAL.—Each creditor shall sub- (1). open end consumer credit plan, and for mit an annual report to the Board con- (b) CONTENTS.—The proposed and final other purposes; which was ordered to taining the terms and conditions of all busi- rules issued under subsection (a) shall, at a lie on the table; as follows: minimum— ness, marketing, and promotional agree- At the end of title III, add the following: (1) establish a statute of limitations for— ments and college affinity card agreements (A) the collection of funds from a card- SEC. 304. PRIVACY PROTECTIONS FOR COLLEGE with an institution of higher education, or STUDENTS. an alumni organization or foundation affili- holder responsible for a closed credit card ac- Section 140 of the Truth in Lending Act (15 count described in subsection (a); ated with or related to such institution, with U.S.C. 1650) is amended by adding at the end (B) filing suit in a Federal, State, or local respect to any college student credit card the following: court to collect debt associated with such a issued to a college student at such institu- ‘‘(f) CREDIT CARD PROTECTIONS FOR COL- closed credit card account; and tion. LEGE STUDENTS.— (C) enforcing a court judgment to collect ‘‘(B) DETAILS OF REPORT.—The information ‘‘(1) DISCLOSURE REQUIRED.—A covered edu- required to be reported under subparagraph debt associated with such a closed credit cational institution shall publicly disclose card account; and (A) includes— any contract or other agreement made with ‘‘(i) any memorandum of understanding be- (2) establish when the statute of limita- a card issuer or creditor for the purpose of tions on debt associated with a closed credit tween or among a creditor, an institution of marketing a credit card. card account described in subsection (a) be- higher education, an alumni association, or ‘‘(2) GIFTS PROHIBITED.—No card issuer or gins to run and, for purposes of court pro- foundation that directly or indirectly relates creditor may offer any gift or other item to ceedings, which party has the burden of to any aspect of any agreement referred to in a student of a covered educational institu- proof to show whether the statute of limita- such subparagraph or controls or directs any tion to induce such student to apply for or tions has expired. obligations or distribution of benefits be- participate in an open end credit plan offered (c) APPLICABILITY.—The final rule issued tween or among any such entities; under this section shall limit the right of by such card issuer or creditor. ‘‘(ii) the amount payments from the cred- any creditor to collect, sell, or transfer debt ‘‘(3) SENSE OF THE CONGRESS.—It is the itor to the institution, organization, or foun- associated with a credit card account under sense of the Congress that each covered edu- dation during the period covered by the re- an open end consumer credit plan after the cational institution should consider adopting port, and the precise terms of any agreement account has been closed by the creditor or the following policies relating to credit under which such amounts are determined; the cardholder (or the representative there- cards: and of). ‘‘(A) That any card issuer that markets a ‘‘(iii) the number of credit card accounts (d) DEFINITIONS.—For purposes of this sec- credit card on the campus of such institution covered by any such agreement that were tion— notify the administration of such institution opened during the period covered by the re- (1) the terms ‘‘credit card’’, ‘‘cardholder’’, of the location at which such marketing will port and the total number of credit card ac- and ‘‘open end credit plan’’ have the same take place. counts covered by the agreement that were meanings as in section 103 of the Truth in ‘‘(B) That the number of locations on the outstanding at the end of such period. Lending Act (15 U.S.C. 1602); campus of such institution at which the mar- ‘‘(C) AGGREGATION BY INSTITUTION.—The in- (2) the term ‘‘creditor’’ includes— keting of credit cards takes place be limited. formation reported under subparagraph (A) (A) a creditor, as that term is defined in ‘‘(C) That credit card and debt education shall be aggregated with respect to each in- section 103 of the Truth in Lending Act (15 and counseling sessions be offered as a reg- stitution of higher education or alumni orga- U.S.C. 1602); and ular part of any orientation program for new nization or foundation affiliated with or re- (B) a debt collector, as that term is defined students of such institution.’’. lated to such institution. in section 803 of the Fair Debt Collection SEC. 305. COLLEGE CREDIT CARD AGREEMENTS. ‘‘(3) REPORTS BY BOARD.—The Board shall Practices Act (15 U.S.C. 1692a), whether or (a) IN GENERAL.—Section 127 of the Truth submit to the Congress, and make available not such person is the original creditor with in Lending Act (15 U.S.C. 1637), as otherwise to the public, an annual report that lists the respect to the subject obligation; and amended by this Act, is amended by adding information concerning credit card agree- (3) the term ‘‘Federal banking regulators’’ at the end the following: ments submitted to the Board under para- means the Board of Governors of the Federal ‘‘(q) COLLEGE CARD AGREEMENTS.— graph (2) by each institution of higher edu- Reserve System, the Office of the Comp- ‘‘(1) DEFINITIONS.—For purposes of this sub- cation, alumni organization, or foundation.’’. troller of the Currency, the Federal Deposit section, the following definitions shall apply: (b) STUDY AND REPORT BY THE COMP- Insurance Corporation, the Office of Thrift ‘‘(A) COLLEGE AFFINITY CARD.—The term TROLLER GENERAL.— Supervision, and the National Credit Union ‘college affinity card’ means a credit card (1) STUDY.—The Comptroller General of the Administration. issued by a credit card issuer under an open United States shall from time to time review end consumer credit plan in conjunction the reports submitted by creditors and the SA 1098. Mr. UDALL of New Mexico with an agreement between the issuer and an marketing practices of creditors to deter- submitted an amendment intended to institution of higher education, or an alumni mine the impact that college affinity card be proposed to amendment SA 1058 pro- organization or foundation affiliated with or agreements and college student card agree- posed by Mr. DODD (for himself and Mr. related to such institution, under which such ments have on credit card debt. SHELBY) to the bill H.R. 627, to amend cards are issued to college students who have (2) REPORT.—Upon completion of any study the Truth in Lending Act to establish an affinity with such institution, organiza- under paragraph (1), the Comptroller General tion and— shall periodically submit a report to the fair and transparent practices relating ‘‘(i) the creditor has agreed to donate a Congress on the findings and conclusions of to the extension of credit under an portion of the proceeds of the credit card to the study, together with such recommenda- open end consumer credit plan, and for the institution, organization, or foundation tions for administrative or legislative action other purposes; which was ordered to (including a lump sum or 1-time payment of as the Comptroller General determines to be lie on the table; as follows: money for access); appropriate.

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(c) EFFECTIVE DATE FOR INITIAL CREDITOR ‘‘(f) DEFINITIONS.—For purposes of this sec- ‘‘SEC. 115. TRANSPARENCY IN MERCHANT FEE IN- REPORTS.—The initial reports required under tion— FORMATION. paragraph (2)(A) of the amendment made by ‘‘(1) the term ‘covered person’ means— ‘‘(a) FEE INFORMATION.—The Board shall subsection (a) shall be submitted to the ‘‘(A) an electronic payment system net- collect, and shall publish at least once every Board before the end of the 90-day period be- work; 2 years, in a form that is provided to the ginning on the date of enactment of this Act. ‘‘(B) a licensed member of an electronic Committee on Banking, Housing, and Urban payment system network; and Affairs of the Senate and the Committee on SA 1100. Mr. DURBIN (for himself ‘‘(C) any other person that sets or imple- Financial Services of the House of Rep- and Mr. BOND) submitted an amend- ments the rules for the use of an electronic resentatives, and is made available to the ment intended to be proposed to payment system network; and public— amendment SA 1058 proposed by Mr. ‘‘(2) the term ‘processing fee’ means any ‘‘(1) information on the processing fees, as fee that is— such term is defined in section 167, charged DODD (for himself and Mr. SHELBY) to by electronic payment system networks and the bill H.R. 627, to amend the Truth in ‘‘(A) charged by an electronic payment sys- tem network or a licensed member of such licensed members of such networks in con- Lending Act to establish fair and network in connection with any aspect of a nection with payment cards bearing any logo transparent practices relating to the transaction conducted between a consumer of such electronic payment system networks; extension of credit under an open end and a seller, using a particular payment card and consumer credit plan, and for other bearing the logo of such electronic payment ‘‘(2) information on the rules, terms, and purposes; which was ordered to lie on system network; and conditions to which a merchant is subject the table; as follows: ‘‘(B) incurred by the seller.’’. under an agreement with an electronic pay- (b) DEFINITIONS.—Section 103 of the Truth ment system network or a licensed member At the end of title I, add the following: in Lending Act (15 U.S.C. 1602) is amended— of such network, directly or indirectly, by SEC. 109. CONSUMER DISCOUNTS; TRANS- (1) in subsection (x), by striking ‘‘or simi- contract or through a licensing arrangement PARENCY IN MERCHANT FEE INFOR- for transactions initiated by consumers MATION. lar means’’ and inserting ‘‘debit card or simi- using payment cards bearing any logo of (a) IN GENERAL.—Section 167 of the Truth lar payment device’’; and such electronic payment system network. in Lending Act (15 U.S.C. 1666f) is amended (2) by adding at the end the following: ‘‘(b) PURPOSE.—The purpose of the publica- to read as follows: ‘‘(cc) DEBIT CARD.—The term ‘debit card’ means any general-purpose card or other de- tion required under subsection (a) is to regu- ‘‘SEC. 167. INDUCEMENTS TO CARD HOLDERS BY vice issued or approved for use by a financial larly inform Congress, businesses, and con- SELLERS OF DISCOUNTS FOR PAY- sumers regarding the types and amounts of MENTS BY CASH, CHECK, OR DEBIT institution (as that term is defined in sec- CARDS; FINANCE CHARGE FOR tion 903 of the Electronic Fund Transfer Act processing fees charged in connection with SALES TRANSACTIONS INVOLVING (15 U.S.C. 1693a)) for use in debiting the ac- payment cards, and the ways in which those DISCOUNTS. count of a cardholder for the purpose of that types and amounts of fees change over time. ‘‘(a) CASH, CHECK, AND DEBIT DISCOUNTS.— cardholder obtaining goods or services, ‘‘(c) REGULATIONS.—For purposes of this With respect to a credit card which may be whether authorization is signature-based, section, the Board may prescribe regulations used for extensions of credit in sales trans- PIN-based, or otherwise. and issue orders requiring any electronic actions in which the seller is a person other ‘‘(dd) ELECTRONIC PAYMENT SYSTEM NET- payment system network or licensed mem- than the card issuer, the card issuer and any WORK.—The term ‘electronic payment sys- ber of such network to submit any informa- other covered person may not, by contract, tem network’ means a network that pro- tion, including transaction and fee data, rule, or otherwise, prohibit any such seller vides, through licensed members, processors, rules, agreements, and contracts, that the from offering a discount to a cardholder to or agents— Board determines to be necessary or appro- induce the cardholder to pay by cash, check, ‘‘(1) for the issuance of credit cards, debit priate for the Board to meet the require- debit card, or similar payment device, rather cards, or other payment cards or similar de- ments of subsection (a). than by use of a credit card. vices bearing any logo of the network; ‘‘(d) CONFIDENTIAL INFORMATION.—The ‘‘(b) FINANCE CHARGE.—With respect to any ‘‘(2) the proprietary services and infra- Board shall exclude from the publication re- sales transaction, any discount from the reg- structure that route information and data to quired by subsection (a) any information col- ular price offered by the seller for the pur- facilitate transaction authorization, clear- lected from an electronic payment system pose of inducing payment by a means not in- ance, and settlement that merchants must network or a licensed member of such net- volving the use of a particular open end cred- access in order to accept credit cards, debit work which the Board deems to be confiden- it plan or credit card shall not constitute a cards, or other payment cards or similar de- tial, proprietary, or a trade secret, such that finance charge, as determined under section vices bearing any logo of the network as pay- public disclosure of the information would 106, if the seller— ment for goods and services; and harm competition and consumers.’’. ‘‘(1) offers the discount to all prospective ‘‘(3) for the screening and acceptance of Mr. BURR submitted an buyers; and merchants into the network in order to SA 1101. ‘‘(2) discloses the availability of the dis- allow such merchants to accept credit cards, amendment intended to be proposed to count to consumers clearly and conspicu- debit cards, or other payment cards or simi- amendment SA 1058 proposed by Mr. ously. lar devices bearing any logo of the network DODD (for himself and Mr. SHELBY) to ‘‘(c) DISCOUNT DISPLAY RESTRICTIONS.— as payment for goods and services. the bill H.R. 627, to amend the Truth in With respect to a credit card which may be ‘‘(ee) LICENSED MEMBER.—The term ‘li- Lending Act to establish fair and used for extensions of credit in sales trans- censed member’, in connection with any transparent practices relating to the actions in which the seller is a person other electronic payment system network, in- extension of credit under an open end than the card issuer, the card issuer or any cludes— other covered person may not, by contract, ‘‘(1) any creditor or credit card issuer that consumer credit plan, and for other rule, or otherwise, restrict the discretion of is authorized to issue credit cards or charge purposes; which was ordered to lie on the seller as to how to display or advertise cards bearing any logo of the network; the table; as follows: the discounts offered by the seller. ‘‘(2) any financial institution (as that term At the appropriate place, insert the fol- ‘‘(d) PREFERRED FORM OF PAYMENT.—A is defined in section 903 of the Electronic lowing: card issuer and any other covered person Fund Transfer Act (15 U.S.C. 1693a)) that is SEC. ll. PARENTAL ACCESS TO YOUNG CON- may not, by contract, rule, or otherwise, in- authorized to issue debit cards to consumers SUMER CREDIT REPORTS. hibit the ability of any seller to inform con- who maintain accounts at such financial in- Section 610 of the Fair Credit Reporting sumers regarding the preference of the seller stitution; and Act (15 U.S.C. 1681h) is amended by adding at for payment in the form of— ‘‘(3) any person, including any financial in- the end the following: ‘‘(1) cash or similar means; stitution, that is authorized— ‘‘(f) PARENTAL ACCESS.—Notwithstanding ‘‘(2) check or similar means; ‘‘(A) to screen and accept merchants into any other provision of law, the parent or ‘‘(3) debit card or similar device; or any program under which any credit card, legal guardian of a consumer under the age ‘‘(4) credit card or similar device. debit card, or other payment card or similar of 18 who is the dependent of that parent or ‘‘(e) VIOLATIONS.—It shall be a violation of device bearing any logo of such network may legal guardian, may request the disclosures this chapter, enforceable as provided in sec- be accepted by the merchant for payment for required under section 609 with respect to tion 108, for a card issuer or any other cov- goods or services; that dependent, in accordance with this sec- ered person to promulgate, impose, or en- ‘‘(B) to process transactions on behalf of tion, subject to the provision by such person force any fine, condition, or penalty on a any such merchant for payment; and of— seller or a cardholder, or use any other ‘‘(C) to complete financial settlement of ‘‘(1) proper identification as the parent or means to prevent or limit any seller from of- any such transaction on behalf of such mer- legal guardian; and fering a discount pursuant to subsection (a), chant.’’. ‘‘(2) proof of the dependent’s age and rela- from setting or displaying discounts pursu- (c) TRANSPARENCY IN MERCHANT FEE INFOR- tionship to that person.’’. ant to subsection (c), or from informing con- MATION.—Chapter 1 of the Truth in Lending sumers regarding a preferred form of pay- Act (15 U.S.C. 1601 et seq.) is amended by SA 1102. Mr. MENENDEZ submitted ment pursuant to subsection (d). adding at the end the following: an amendment intended to be proposed

VerDate Nov 24 2008 01:14 May 14, 2009 Jkt 079060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\CR\FM\A13MY6.044 S13MYPT1 jbell on PROD1PC69 with SENATE May 13, 2009 CONGRESSIONAL RECORD — SENATE S5447 to amendment SA 1058 proposed by Mr. tains a detailed summary of the findings and and economic literacy education programs DODD (for himself and Mr. SHELBY) to conclusions of the study required under sub- under subsection (a); and the bill H.R. 627, to amend the Truth in section (a). (B) include proposals to improve, expand, Lending Act to establish fair and and support financial and economic literacy SA 1105. Mr. SANDERS submitted an education based on the findings of the report transparent practices relating to the amendment intended to be proposed to and evaluations. extension of credit under an open end amendment SA 1058 proposed by Mr. (3) PRESENTATION TO CONGRESS.—The plan consumer credit plan, and for other DODD (for himself and Mr. SHELBY) to developed under this subsection shall be pre- purposes; which was ordered to lie on sented to Congress not later than 90 days the bill H.R. 627, to amend the Truth in the table; as follows: after the date that the report under sub- Lending Act to establish fair and section (a) is submitted to Congress. On page 10, line 25, strike ‘‘rule.’’.’’ and in- transparent practices relating to the sert ‘‘rule. (c) EFFECTIVE DATE.—Notwithstanding sec- ‘‘(c) UNIVERSAL DEFAULT.—In the case of extension of credit under an open end tion 3, this section shall become effective on any credit card account under an open end consumer credit plan, and for other the date of enactment of this Act. consumer credit plan, no creditor may in- purposes; which was ordered to lie on SA 1107. Ms. COLLINS (for herself, crease any annual percentage rate, fee, or fi- the table; as follows: nance charge applicable to that account, Mr. LIEBERMAN, and Mr. BURRIS) sub- On page 2, line 9, strike ‘‘9 months’’ and in- mitted an amendment intended to be based solely on a change in the credit risk of sert ‘‘3 months’’. the consumer due to a single event relating proposed to amendment SA 1058 pro- to another account or other obligation of the SA 1106. Mrs. MURRAY submitted an posed by Mr. DODD (for himself and Mr. consumer.’’. amendment intended to be proposed to SHELBY) to the bill H.R. 627, to amend amendment SA 1058 proposed by Mr. the Truth in Lending Act to establish SA 1103. Mr. UDALL of Colorado (for fair and transparent practices relating himself, Mr. LEVIN, Mr. LIEBERMAN, DODD (for himself and Mr. SHELBY) to the bill H.R. 627, to amend the Truth in to the extension of credit under an Mr. UDALL of New Mexico, Mrs. open end consumer credit plan, and for GILLIBRAND, Mr. BURRIS, and Mrs. Lending Act to establish fair and transparent practices relating to the other purposes; as follows: HAGAN) submitted an amendment in- At the end of title V, add the following: tended to be proposed to amendment extension of credit under an open end consumer credit plan, and for other SEC. 503. STORED VALUE CARDS. SA 1058 proposed by Mr. DODD (for him- (a) DEFINITIONS.—Section 5312(a) of title 31, self and Mr. SHELBY) to the bill H.R. purposes; which was ordered to lie on United States Code, is amended— 627, to amend the Truth in Lending Act the table; as follows: (1) in paragraph (2)(K), by inserting ‘‘stored to establish fair and transparent prac- At the end of title V, add the following: value devices,’’ after ‘‘money orders,’’; tices relating to the extension of credit SEC. 503. FINANCIAL AND ECONOMIC LITERACY. (2) in paragraph (3)(B), by striking ‘‘; and’’ under an open end consumer credit (a) REPORT ON FEDERAL FINANCIAL AND at the end and inserting ‘‘, and stored value plan, and for other purposes; which was ECONOMIC LITERACY EDUCATION PROGRAMS.— devices and any other similar money trans- mitting devices;’’; ordered to lie on the table; as follows: (1) IN GENERAL.—Not later than 180 days after the date of enactment of this Act, the (3) in paragraph (3)(C), by striking the pe- At the end of title V, add the following: Secretary of Education and the Director of riod at the end and inserting ‘‘; and’’; SEC. 503. DISCLOSURE OF CREDIT SCORES. the Office of Financial Education of the De- (4) by adding at the end the following: Section 612(a)(1) of the Fair Credit Report- partment of the Treasury shall coordinate ‘‘(D) as the Secretary of the Treasury shall ing Act (15 U.S.C. 1681j(a)(1)) is amended by with the President’s Advisory Council on Fi- provide by regulation for purposes of sec- adding at the end the following: nancial Literacy— tions 5316 and 5331 of this title, stored value ‘‘(D) INCLUSION OF CREDIT SCORES.—Each (A) to evaluate and compile a comprehen- devices, or other similar money transmitting consumer reporting agency described in sec- sive summary of all existing Federal finan- devices (as defined by regulation of the Sec- tion 603(p) that develops or uses a credit cial and economic literacy education pro- retary for such purposes), unless the Sec- score with respect to any consumer shall in- grams, as of the time of the report; and retary, in coordination with the Secretary of clude the information described in section (B) to prepare and submit a report to Con- Homeland Security, determines that a par- 609(f) with the disclosures required by sub- gress on the findings of the evaluations. ticular device, based on other applicable paragraph (A) of this paragraph, free of (2) CONTENTS.—The report required by this laws, is subject to additional security meas- charge.’’. subsection shall address, at a minimum— ures that obviate the need for such regula- (A) the 2008 recommendations of the Presi- tions as it relates to that device.’’; and SA 1104. Mr. ISAKSON (for himself dent’s Advisory Council on Financial Lit- (5) by adding at the end the following new and Mr. CHAMBLISS) submitted an eracy; paragraph: amendment intended to be proposed to (B) existing Federal financial and eco- ‘‘(7) ‘Stored value’ means funds or mone- amendment SA 1084 submitted by Mrs. nomic literacy education programs for tary value represented in digital electronics GILLIBRAND to the amendment SA 1058 grades kindergarten through grade 12, and format (whether or not specially encrypted) and stored or capable of storage on elec- proposed by Mr. DODD (for himself and annual funding to support these programs; (C) existing Federal postsecondary finan- tronic media in such a way as to be retriev- Mr. SHELBY) to the bill H.R. 627, to cial and economic literacy education pro- able and transferable electronically.’’. amend the Truth in Lending Act to es- grams and annual funding to support these (b) CRIMINAL PENALTIES.—Title 18, United tablish fair and transparent practices programs; States Code, is amended— relating to the extension of credit (D) the current financial and economic lit- (1) in section 1956(c)(5)(i), by striking ‘‘and under an open end consumer credit eracy education needs of adults, and in par- money orders, or’’ and inserting ‘‘money or- plan, and for other purposes; as follows: ticular, low- and moderate-income adults; ders, stored value devices, and any other similar money transmitting devices, or’’; and Beginning on page 1, line 2, strike all (E) ways to incorporate and disseminate (2) in section 1960(b)— through page 2, line 9, and insert the fol- best practices and high quality curricula in (A) in paragraph (1)(C), by inserting ‘‘, in- lowing: financial and economic literacy education; and cluding funds on fraudulently issued stored SEC. 503. GAO STUDY AND REPORT ON FLUENCY value devices and funds on stored value de- IN THE ENGLISH LANGUAGE AND FI- (F) specific recommendations on sources of NANCIAL LITERACY. revenue to support financial and economic vices issued anonymously for the purpose of (a) STUDY.—The Comptroller General of literacy education activities with a specific evading monetary reporting requirements,’’ the United States shall conduct a study ex- analysis of the potential use of credit card after ‘‘funds’’; and amining— transaction fees. (B) in paragraph (2), by striking ‘‘or cou- (1) the relationship between fluency in the (b) STRATEGIC PLAN.— rier’’ and inserting ‘‘courier, or issuance, re- English language and financial literacy; and (1) IN GENERAL.—The Secretary of Edu- demption, or sale of stored value devices or (2) the extent, if any, to which individuals cation and the Director of the Office of Fi- other similar instruments’’. whose native language is a language other nancial Education of the Department of the (c) MONEY TRANSMITTING BUSINESSES.— than English are impeded in their conduct of Treasury shall coordinate with the Presi- Section 5330(d)(1)(A) of title 31, United States their financial affairs. dent’s Advisory Council on Financial Lit- Code, is amended by inserting ‘‘stored value (b) REPORT.—Not later than 1 year after eracy to develop a strategic plan to improve devices,’’ after ‘‘travelers checks,’’. the date of enactment of this Act, the Comp- and expand financial and economic literacy Mrs. BOXER submitted an troller General of the United States shall education. SA 1108. submit a report to the Committee on Bank- (2) CONTENTS.—The plan developed under amendment intended to be proposed to ing, Housing, and Urban Affairs of the Sen- this subsection shall— amendment SA 1058 proposed by Mr. ate and the Committee on Financial Services (A) incorporate findings from the report DODD (for himself and Mr. SHELBY) to of the House of Representatives that con- and evaluations of existing Federal financial the bill H.R. 627, to amend the Truth in

VerDate Nov 24 2008 02:21 May 14, 2009 Jkt 079060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\CR\FM\A13MY6.053 S13MYPT1 jbell on PROD1PC69 with SENATE S5448 CONGRESSIONAL RECORD — SENATE May 13, 2009 Lending Act to establish fair and trative enforcement relating to such card AUTHORITY FOR COMMITTEES TO transparent practices relating to the issuer under section 108 of the Truth in MEET Lending Act (15 U.S.C. 1607); and extension of credit under an open end COMMITTEE ON BANKING, HOUSING, AND URBAN consumer credit plan, and for other (2) the terms ‘‘cardholder’’, ‘‘card issuer’’, ‘‘consumer’’, and ‘‘open end credit plan’’ AFFAIRS purposes; which was ordered to lie on have the same meanings as section 103 of the Mr. DODD. Mr. President, I ask unan- the table; as follows: Truth in Lending Act (15 U.S.C. 1602). imous consent that the Committee on At the end of title V, add the following: Banking, Housing, and Urban Affairs SEC. 503. REPORTS ON ISSUER PRACTICES DUR- SA 1109. Mr. ENSIGN submitted an be authorized to meet during the ses- ING THE INTERIM PERIOD BETWEEN amendment intended to be proposed by sion of the Senate on May 13, 2009 at THE DATE OF ENACTMENT AND THE EFFECTIVE DATE. him to the bill H.R. 627, to amend the 10:30 a.m., to conduct a hearing enti- (a) PURPOSE.—The purpose of this section Truth in Lending Act to establish fair tled ‘‘Manufacturing and the Credit is to require credit card issuers and the agen- and transparent practices relating to Crisis.’’ cies that regulate such issuers to report in- the extension of credit under an open The PRESIDING OFFICER. Without formation on increases in consumer interest end consumer credit plan, and for other objection, it is so ordered. rates and consumer complaints that occur purposes; which was ordered to lie on COMMITTEE ON BANKING, HOUSING, AND URBAN during the period between the date of enact- the table; as follows: AFFAIRS ment of this Act and the effective date of At the appropriate place, insert the fol- Mr. DODD. Mr. President, I ask unan- this Act under section 3. imous consent that the Committee on (b) REPORTS TO AGENCIES REQUIRED.— lowing: Banking, Housing, and Urban Affairs (1) IN GENERAL.—Not later than 45 days SEC. lll. PRESIDENTIAL DEBT REDUCTION after the date of enactment of this Act, and PLAN. be authorized to meet during the ses- every 45 days thereafter, each card issuer The President shall submit a comprehen- sion of the Senate on May 13, 2009 at 2 shall submit to the appropriate enforcement sive plan to Congress for reducing Federal p.m. agency a report containing data on any in- outlays for the current fiscal year by at least The PRESIDING OFFICER. Without crease in consumer interest rates by the card one-half of 1 percent of total Federal outlays objection, it is so ordered. issuer made on or after May 1, 2009. not later than 15 days after the date the COMMITTEE ON ENERGY AND NATURAL (2) CONTENTS OF REPORTS.—The reports re- total outstanding gross debt exceeds 95 per- RESOURCES quired under paragraph (1)— cent of the amount of the statutory limit on Mr. DODD. Mr. President, I ask unan- (A) shall include— public debt (as set forth in section 3101 of imous consent that the Committee on title 31, United States Code). (i) the number of cardholders affected by Energy and Natural Resources be au- each such increase; (ii) the categories of cardholders affected SA 1110. Mr. AKAKA submitted an thorized to meet during the session of by each such increase; amendment intended to be proposed to the Senate to conduct a business meet- (iii) the size of each such increase; amendment SA 1058 proposed by Mr. ing on Wednesday, May 13, 2009, at 10 (iv) the reason for each such increase; and DODD (for himself and Mr. SHELBY) to a.m., in room SD–366 of the Dirksen (v) a summary of the volume and nature of the bill H.R. 627, to amend the Truth in Senate office building. any complaints received from cardholders The PRESIDING OFFICER. Without Lending Act to establish fair and concerning interest rate increases that objection, it is so ordered. would be prohibited if such increases took transparent practices relating to the extension of credit under an open end COMMITTEE ON FOREIGN RELATIONS place after the effective date of this Act; and Mr. DODD. Mr. President, I ask unan- consumer credit plan, and for other (B) need not include information on indi- imous consent that the Committee on vidually negotiated changes to contractual purposes; which was ordered to lie on Foreign Relations be authorized to terms, such as individually modified work- the table; as follows: meet during the session of the Senate outs or renegotiations of amounts owed by a On page 27, strike line 3 and all that fol- consumer under an open end consumer credit on Wednesday, May 13, 2009, at 9 a.m. lows through page 30, line 12 and insert the The PRESIDING OFFICER. Without plan. following: (c) SUMMARY OF DATA ON COMPLAINTS.— objection, it is so ordered. (c) GUIDELINES REQUIRED.— Each appropriate enforcement agency shall— (1) IN GENERAL.—Not later than 6 months COMMITTEE ON FOREIGN RELATIONS (1) summarize information on the volume after the date of enactment of this Act, the Mr. DODD. Mr. President, I ask unan- and nature of any complaints received by Board shall issue guidelines, by rule, in con- imous consent that the Committee on such agency from a consumer concerning in- sultation with the Secretary of the Treas- Foreign Relations be authorized to terest rate increases that would be prohib- ury, for the establishment and maintenance ited if such increases took place after the ef- meet during the session of the Senate by creditors of a toll-free telephone number fective date of this Act; and on Wednesday, May 13, 2009, at 10:30 for purposes of providing information about (2) provide such summary to the Board for a.m. accessing credit counseling and debt man- purposes of subsection (e). The PRESIDING OFFICER. Without agement services, as required under section (d) REPORTS AND DATA AVAILABLE TO PUB- objection, it is so ordered. 127(b)(11)(B)(iv) of the Truth in Lending Act, LIC.—Each appropriate enforcement agency as added by this section. COMMITTEE ON FOREIGN RELATIONS shall make the reports and data required (2) APPROVED AGENCIES.—Guidelines issued Mr. DODD. Mr. President, I ask unan- under subsections (b) and (c) available to the under this subsection shall ensure that refer- imous consent that the Committee on public. rals provided by the toll-free number re- Foreign Relations be authorized to (e) REPORTS TO CONGRESS.— ferred to in paragraph (1) include only those (1) REPORTS REQUIRED.—The Board shall meet during the session of the Senate submit to Congress periodic reports on prac- nonprofit budget and credit counseling agen- on Wednesday, May 13, 2009, at 2:30 p.m. tices of creditors that contain a compilation cies approved by a United States bankruptcy The PRESIDING OFFICER. Without of the reports and data required under sub- trustees pursuant to section 111(a) of title 11, objection, it is so ordered. United States Code. sections (b) and (c). COMMITTEE ON HEALTH, EDUCATION, LABOR AND (2) AGENCY COOPERATION.—Each appro- f PENSIONS priate enforcement agency shall provide NOTICE OF HEARING Mr. President, I ask unanimous con- compilations of any reports it receives under sent that the Committee on Health, this section to the Board for purposes of this COMMITTEE ON INDIAN AFFAIRS Education, Labor, and Pensions be au- subsection. Mr. DORGAN. Mr. President, I would thorized to meet during the session of (3) TIMING OF REPORTS.—The Board shall like to announce that the Committee submit the reports required under paragraph the Senate on Wednesday, May 13, 2009. (1) not later than 90 days after the date of en- on Indian Affairs will meet on Thurs- COMMITTEE ON HOMELAND SECURITY AND actment of this Act, and every 90 days there- day, May 14, 2009 at 10:30 a.m. in room GOVERNMENTAL AFFAIRS after. 628 of the Dirksen Senate office build- Mr. DODD. Mr. President, I ask unan- (f) EFFECTIVE DATE.—Notwithstanding sec- ing to conduct a business meeting to imous consent that the Committee on tion 3 of this Act, this section shall be effec- consider the nomination of Larry J. Homeland Security and Governmental tive during the period beginning on the date Echo Hawk to be Assistant Secretary Affairs be authorized to meet during of enactment of this Act and ending on the for Indian Affairs, U.S. Department of the session of the Senate on Wednes- effective date of this Act under section 3. (g) DEFINITIONS.—In this section— the Interior. day, May 13, 2009, at 10 a.m. to conduct (1) the term ‘‘appropriate enforcement Those wishing additional information a hearing entitled ‘‘The D.C. Oppor- agency’’ means, with respect to a card may contact the Indian Affairs Com- tunity Scholarship Program: Pre- issuer, the agency responsible for adminis- mittee at 202–224–2251. serving School Choice for All.’’

VerDate Nov 24 2008 01:14 May 14, 2009 Jkt 079060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\CR\FM\A13MY6.062 S13MYPT1 jbell on PROD1PC69 with SENATE May 13, 2009 CONGRESSIONAL RECORD — SENATE S5449 The PRESIDING OFFICER. Without ing entitled, ‘‘Small Business Financ- of the Senate on Wednesday, May 13, objection, it is so ordered. ing: Progress Report on Recovery Act 2009, at 2:15 p.m., in room 253 of the COMMITTEE ON HOMELAND SECURITY AND Implementation and Alternative Russell Senate Office Building. GOVERNMENTAL AFFAIRS Sources of Financing.’’ The PRESIDING OFFICER. Without Mr. DODD. Mr. President, I ask unan- The PRESIDING OFFICER. Without objection, it is so ordered. imous consent that the Committee on objection, it is so ordered. SUBCOMMITTEE ON COMPETITIVENESS, Homeland Security and Governmental SUBCOMMITTEE ON ADMINISTRATIVE OVERSIGHT INNOVATION, AND EXPORT PROMOTION Affairs be authorized to meet during AND THE COURTS Mr. DODD. Mr. President, I ask unan- the session of the Senate on Wednes- Mr. DODD. Mr. President, I ask unan- imous consent that the Subcommittee day, May 13, 2009, at 2:30 p.m. imous consent that the Senate Com- on Competitiveness, Innovation, and The PRESIDING OFFICER. Without mittee on the Judiciary, Sub- Export Promotion of the Committee on objection, it is so ordered. committee on Administrative Over- Commerce, Science, and Transpor- sight and the Courts, be authorized to COMMITTEE ON RULES AND ADMINISTRATION tation be authorized to meet during meet during the session of the Senate, Mr. DODD. Mr. President, I ask unan- the session of the Senate on Wednes- to conduct a hearing entitled ‘‘What day, May 13, 2009, at 10 a.m., in room imous consent that the Committee on Went Wrong: Torture and the Office of 253 of the Russell Senate Office Build- Rules and Administration be author- Legal Counsel in the Bush Administra- ing. ized to meet during the session of the tion’’ on Wednesday, May 13, 2009, at 10 The PRESIDING OFFICER. Without Senate on Wednesday, May 13, 2009, at a.m., in room SD–226 of the Dirksen objection, it is so ordered. 10 a.m. Senate Office Building. The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without f objection, it is so ordered. objection, it is so ordered. PRIVILEGES OF THE FLOOR COMMITTEE ON SMALL BUSINESS AND SUBCOMMITTEE ON AVIATION OPERATIONS, ENTREPRENEURSHIP SAFETY, AND SECURITY Mr. HARKIN. I ask unanimous con- Mr. DODD. Mr. President, I ask unan- Mr. DODD. Mr. President, I ask unan- sent that Sharon Lee and Conor imous consent that the Committee on imous consent that the Subcommittee O’Brien of my staff be granted the Small Business and Entrepreneurship on Aviation Operations, Safety, and privileges of the floor for the duration be authorized to meet during the ses- Security of the Committee on Com- of today’s session. sion of the Senate on Wednesday, May merce, Science, and Transportation be The PRESIDING OFFICER. Without 13, 2009, at 2:30 p.m. to conduct ha hear- authorized to meet during the session objection, it is so ordered. FOREIGN TRAVEL FINANCIAL REPORTS In accordance with the appropriate provisions of law, the Secretary of the Senate herewith submits the following re- ports for standing committees of the Senate, certain joint committees of the Congress, delegations and groups, and select and special committees of the Senate, relating to expenses incurred in the performance of authorized foreign travel:

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON APPROPRIATIONS FOR TRAVEL FROM JAN. 1 TO MAR. 31, 2009

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Paul Grove: Egypt ...... Pound ...... 426.00 ...... 426.00 Israel ...... Shekel ...... 546.00 ...... 546.00 Jordan ...... Dinar ...... 128.00 ...... 128.00 United States ...... Dollar ...... 8,796.15 ...... 8,796.15 Katherine Eltrich: Egypt ...... Pound ...... 426.00 ...... 426.00 Israel ...... Shekel ...... 528.00 ...... 528.00 United States ...... Dollar ...... 9,036.17 ...... 9,036.17 Michele Wymer: Israel ...... Shekel ...... 528.00 ...... 200.00 ...... 728.00 United States ...... Dollar ...... 7,469.40 ...... 7,469.40 Brian Wilson: Kuwait ...... Dinar ...... 996.00 ...... 996.00 United States ...... Dollar ...... 8,053.57 ...... 8,053.57 Gary Reese: Kuwait ...... Dinar ...... 996.00 ...... 996.00 United States ...... Dollar ...... 8,053.57 ...... 8,053.57 Senator George Voinovich: Belgium ...... Euro ...... 312.00 ...... 312.00 Joseph Lai: Belgium ...... Euro ...... 312.00 ...... 312.00 Senator Richard Durbin: United States ...... Dollar ...... 10,143.98 ...... 10,143.98 Cyprus ...... Euro ...... 106.48 ...... 420.41 ...... 526.89 Greece ...... Euro ...... 70.97 ...... 70.97 Turkey ...... Lira ...... 406.00 ...... 406.00 Michael Daly: United States ...... Dollar ...... 8,861.51 ...... 8,861.51 Cyprus ...... Euro ...... 129.26 ...... 161.65 ...... 290.91 Greece ...... Euro ...... 51.61 ...... 51.61 Turkey ...... Lira ...... 646.00 ...... 646.00 Chris Homan: United States ...... Dollar ...... 10,177.09 ...... 10,177.98 Cyprus ...... Euro ...... 109.14 ...... 161.65 ...... 270.79 Greece ...... Euro ...... 35.74 ...... 35.74 Turkey ...... Lira ...... 475.00 ...... 475.00 Christopher Bradish: United Kingdom ...... Pound ...... 194.00 ...... 194.00 Israel ...... Shekel ...... 339.00 ...... 339.00 Syria ...... Pound ...... 280.00 ...... 280.00 Austria ...... Euro ...... 294.00 ...... 294.00 Belgium ...... Euro ...... 294.00 ...... 294.00 Norway ...... Krone ...... 204.00 ...... 204.00 Iceland ...... Krona ...... 145.00 ...... 145.00 Senator Arlen Specter: United Kingdom ...... Pound ...... 115.00 ...... 115.00 Israel ...... Shekel ...... 283.02 ...... 283.02 Syria ...... Pound ...... 150.81 ...... 150.81

VerDate Nov 24 2008 02:21 May 14, 2009 Jkt 079060 PO 00000 Frm 00053 Fmt 0624 Sfmt 8634 E:\CR\FM\A13MY6.058 S13MYPT1 jbell on PROD1PC69 with SENATE S5450 CONGRESSIONAL RECORD — SENATE May 13, 2009 CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON APPROPRIATIONS FOR TRAVEL FROM JAN. 1 TO MAR. 31, 2009—Continued

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Austria ...... Euro ...... 179.55 ...... 179.55 Belgium ...... Euro ...... 179.55 ...... 179.55 Norway ...... Krone ...... 102.26 ...... 102.26 Iceland ...... Krona ...... 93.16 ...... 93.16 Allen Cutler: United States ...... Dollar ...... 7,991.44 ...... 7,991.44 Chile ...... Peso ...... 1,191.07 ...... 1,191.07 Argentina ...... Peso ...... 698.00 ...... 698.00 Howard Sutton: United States ...... Dollar ...... 8,845.44 ...... 8,845.44 Chile ...... Peso ...... 1,191.07 ...... 1,191.07 Argentina ...... Peso ...... 698.00 ...... 698.00÷ Total: ...... 13,859.55 ...... 87,789.88 ...... 101,649.43 SENATOR DANIEL INOUYE, Chairman, Committee on Appropriations, May 1, 2009.

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(B), COMMITTEE ON ARMED SERVICES FOR TRAVEL FROM JAN. 1 TO MAR. 31, 2009

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Richard H. Fontaine, Jr.: Germany ...... Dollar ...... 394.00 ...... 394.000 Senator Joseph I. Lieberman: Saudi Arabia ...... Riyal ...... 91.00 ...... 91.00 Egypt ...... Pound ...... 150.00 ...... 150.00 Israel ...... New Shekel ...... 815.00 ...... 815.00 Vance Serchuk: Saudi Arabia ...... Riyal ...... 55.00 ...... 55.00 Egypt ...... Pound ...... 97.00 ...... 97.00 Israel ...... New Shekel ...... 221.00 ...... 221.00 Christopher Griffin: Saudi Arabia ...... Riyal ...... 50.00 ...... 50.00 Egypt ...... Pound ...... 100.00 ...... 100.00 Israel ...... New Shekel ...... 200.00 ...... 200.00 Daniel W. Fisk: Belgium ...... Euro ...... 169.81 ...... 169.81 Richard H. Fontaine, Jr.: Belgium ...... Dollar ...... 412.00 ...... 412.00 Senator John McCain: Belgium ...... Dollar ...... 412.00 ...... 412.00 Brooke Buchanan: Belgium ...... Dollar ...... 412.00 ...... 412.00 Senator Mel Martinez: Belgium ...... Dollar ...... 396.28 ...... 15.72 ...... 412.00 Total ...... 3,975.09 ...... 15.72 ...... 3,990.81 SENATOR CARL LEVIN, Chairman, Committee on Armed Services, Apr. 17, 2009.

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON BANKING, HOUSING, AND URBAN AFFAIRS FOR TRAVEL FROM JAN. 1 TO MAR. 31, 2009

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Senator Robert F. Bennett: Belgium ...... Euro ...... 284.00 ...... 284.00 United States ...... Dollar ...... 2,977.68 ...... 2,977.68 Mary Jane Collipriest: Belgium ...... Euro ...... 372.00 ...... 372.00 United States ...... Dollar ...... 2,977.68 ...... 2,977.68 Amber Sechrist: Belgium ...... Euro ...... 372.00 ...... 372.00 United States ...... Dollar ...... 2,977.68 ...... 2,977.68 Total ...... 1,028.00 ...... 8,933.04 ...... 9,961.04 SENATOR CHRISTOPHER DODD, Chairman, Committee on Banking, Housing, and Urban Affairs, Apr. 3, 2009.

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION FOR TRAVEL FROM OCT. 1, TO DEC. 31, 2008

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Jeffrey Bingham: United States ...... Dollar ...... 8,025.35 ...... 8,025.35 Russia ...... Ruble ...... 2,088.00 ...... 2,088.00 Russia ...... Ruble ...... 1,830.00 ...... 1,830.00 Kazakhstan ...... Ruble ...... 370.00 ...... 370.00 Richard Swayze: United States ...... Dollar ...... 13,405.17 ...... 13,405.17 Singapore ...... Dollar ...... 643.28 ...... 28.05 ...... 7.01 ...... 678.34

VerDate Nov 24 2008 01:14 May 14, 2009 Jkt 079060 PO 00000 Frm 00054 Fmt 0624 Sfmt 8634 E:\CR\FM\A13MY6.016 S13MYPT1 jbell on PROD1PC69 with SENATE May 13, 2009 CONGRESSIONAL RECORD — SENATE S5451 CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION FOR TRAVEL FROM OCT. 1, TO DEC. 31, 2008—Continued

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

China—Hong Kong ...... Dollar ...... 1,340.23 ...... 8.07 ...... 6.45 ...... 1,354.75 South Korea ...... Won ...... 359.96 ...... 5.48 ...... 365.44 Japan ...... Yen ...... 938.98 ...... 114.50 ...... 1,053.48 Amanda Hallberg: United States ...... Dollar ...... 9,854.50 ...... 9,854.50 Republic of Korea ...... Won ...... 700.00 ...... 700.00 Kristen Sarri: United States ...... Dollar ...... 9,036.99 ...... 9,036.99 Poland ...... Zloty ...... 2,808.00 ...... 2,808.00 Ann Zulkosky: United States ...... Dollar ...... 9,068.36 ...... 9,068.36 Poland ...... Zloty ...... 1,252.48 ...... 1,252.48 John Richards: United States ...... Dollar ...... 8,841.59 ...... 8,841.59 Poland ...... Zloty ...... 1,732.62 ...... 1,372.62

Total ...... 12,233.55 ...... 60,218.06 ...... 13.46 ...... 72,465.07 SENATOR DANIEL INOUYE, Chairman, Committee on Commerce, Science, and Transportation, Apr. 29, 2009.

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON ENERGY & NATURAL RESOURCES FOR TRAVEL FROM JAN. 1 TO MAR. 31, 2009

Per diem Transportation Miscellaneous Total

Name and country Name of currency U.S. dollar U.S. dollar U.S. dollar U.S. dollar Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Allyson Anderson: United States ...... Dollar ...... 8,105.21 ...... 8,105.21 France ...... Euro ...... 1,464.00 ...... 1,464.00

Total ...... 1,464.00 ...... 8,105.21 ...... 9.569.21 SENATOR JEFF BINGAMAN, Chairman, Committee on Energy & Natural Resources, Mar. 17, 2009.

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON FINANCE FOR TRAVEL FROM JAN. 1, TO MAR. 31, 2009

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Amber Cottle: China ...... Yuan ...... 254.53 ...... 254.53 Hong Kong ...... Dollar ...... 691.96 ...... 691.96 United States ...... Dollar ...... 11,277.43 ...... 11,277.43 Ayesha Khanna: China ...... Yuan ...... 156.70 ...... 156.70 Hong Kong ...... Dollar ...... 713.71 ...... 713.71 United States ...... Dollar ...... 11,277.43 ...... 11,277.43 Hun Quach: China ...... Yuan ...... 156.35 ...... 156.35 Hong Kong ...... Dollar ...... 877.54 ...... 877.54 United States ...... Dollar ...... 11,277.43 ...... 11,277.43 Christopher Campbell: China ...... Yuan ...... 176.65 ...... 176.65 Hong Kong ...... Dollar ...... 807.92 ...... 807.92 United States ...... Dollar ...... 11,277.43 ...... 11,277.43 Keith Franks: China ...... Yuan ...... 171.32 ...... 171.32 Hong Kong ...... Dollar ...... 723.37 ...... 723.37 United States ...... Dollar ...... 11,277.43 ...... 11,277.43 Greta Lundeberg: China ...... Yuan ...... 225.53 ...... 225.53 Hong Kong ...... Dollar ...... 908.28 ...... 908.28 United States ...... Dollar ...... 11,277.43 ...... 11,277.43 Michelle Miranda: China ...... Yuan ...... 151.29 ...... 151.29 Hong Kong ...... Dollar ...... 783.66 ...... 783.66 United States ...... Dollar ...... 11,277.43 ...... 11,277.43 Jeffrey Phan: China ...... Yuan ...... 248.33 ...... 248.33 Hong Kong ...... Dollar ...... 696.66 ...... 696.66 United States ...... Dollar ...... 11,277.43 ...... 11,277.43 Brian Rice: China ...... Yuan ...... 242.35 ...... 242.35 Hong Kong ...... Dollar ...... 844.08 ...... 844.08 United States ...... Dollar ...... 11,781.43 ...... 11,781.43 Ted Serafini: China ...... Yuan ...... 163.51 ...... 163.51 Hong Kong ...... Dollar ...... 877.93 ...... 877.93 United States ...... Dollar ...... 11,781.43 ...... 11,781.43 *Delegation Expenses: Hong Kong ...... 50.41 ...... 50.41 Total ...... 9,871.67 ...... 113,832.71 ...... 123,704.38 *Delegation expenses include transportation as well as other official expenses in accordance with the responsibilities of the host county. SENATOR MAX BAUCUS, Chairman, Committee on Finance, Sept. 24, 2009.

VerDate Nov 24 2008 01:14 May 14, 2009 Jkt 079060 PO 00000 Frm 00055 Fmt 0624 Sfmt 8634 E:\CR\FM\A13MY6.016 S13MYPT1 jbell on PROD1PC69 with SENATE S5452 CONGRESSIONAL RECORD — SENATE May 13, 2009 CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON FOREIGN RELATIONS FOR TRAVEL FROM JAN. 1 TO MAR. 31, 2009

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Senator Joseph R. Biden, Jr.: Afghanistan ...... Dollar ...... 200.00 ...... 200.00 Senator Robert Casey, Jr.: Belgium ...... Euro ...... 202.00 ...... 202.00 Senator Bob Corker: Brazil ...... Real ...... 152.00 ...... 152.00 United States ...... Dollar ...... 7,526.70 ...... 7,526.70 Senator John Kerry: Egypt ...... Pound ...... 142.00 ...... 142.00 Jordan ...... Dinar ...... 609.00 ...... 609.00 Israel ...... Shekel ...... 621.00 ...... 621.00 Syria ...... Pound ...... 165.00 ...... 165.00 United Kingdom ...... Pound ...... 205.00 ...... 205.00 United States ...... Dollar ...... 7,991.35 ...... 7,991.35 Senator James Risch: Belgium ...... Euro ...... 309.00 ...... 309.00 Senator Jeanne Shaheen: Belgium ...... Euro ...... 189.00 ...... 189.00 Jonah Blank: Afghanistan ...... Dollar ...... 11.51 ...... 11.51 Antony Blinken: Afghanistan ...... Dollar ...... 55.00 ...... 55.00 Jay Branegan: Qatar ...... Riyal ...... 519.00 ...... 519.00 United States ...... Dollar ...... 7,927.00 ...... 7,927.00 Perry Cammack: Egypt ...... Pound ...... 105.00 ...... 105.00 Jordan ...... Dinar ...... 185.00 ...... 185.00 Israel ...... Shekel ...... 242.00 ...... 242.00 Syria ...... Pound ...... 14.00 ...... 14.00 United Kingdom ...... Pound ...... 115.00 ...... 115.00 United States ...... Dollar ...... 7,764.66 ...... 7,764.66 Steven Feldstein: El Salvador ...... Dollar ...... 429.00 ...... 429.00 Haiti ...... Dollar ...... 661.00 ...... 661.00 United States ...... Dollar ...... 2,488.20 ...... 2,488.20 Doug Frantz: Austria ...... Euro ...... 697.59 ...... 697.59 Israel ...... Shekel ...... 226.52 ...... 226.52 United States ...... Dollar ...... 8,274.76 ...... 8,274.76 Brad Hoaglun: Belgium ...... Euro ...... 110.95 ...... 110.95 Frank Jannuzi: China ...... Yuan ...... 2,904.00 ...... 2,904.00 United States ...... Dollar ...... 13,894.04 ...... 13,894.04 Jofi Joseph: Belgium ...... Euro ...... 230.00 ...... 230.00 Chad Kreikemeier: Belgium ...... Euro ...... 167.00 ...... 167.00 Mark Lopes: El Salvador ...... Dollar ...... 336.00 ...... 336.00 United States ...... Dollar ...... 1,612.00 ...... 1,612.00 Frank Lowenstein: Jordan ...... Dinar ...... 202.00 ...... 202.00 Israel ...... Shekel ...... 621.00 ...... 621.00 Syria ...... Pound ...... 165.00 ...... 165.00 United Kingdom ...... Pound ...... 205.00 ...... 205.00 United States ...... Dollar ...... 7,977.35 ...... 7,977.35 Paul Palagyi: Brazil ...... Real ...... 370.00 ...... 370.00 United States ...... Dollar ...... 7,759.70 ...... 7,759.70 Shannon Smith: Dem. Rep. of Congo ...... Dollar ...... 878.00 ...... 878.00 Rwanda ...... Dollar ...... 401.00 ...... 401.00 United States ...... Dollar ...... 10.853.06 ...... 10,853.06 Chris Socha: Azerbaijan ...... Manat ...... 785.17 ...... 785.17 Georgia ...... Lari ...... 1,030.19 ...... 1,030.19 Ukraine ...... Hryvnia ...... 832.00 ...... 832.00 United States ...... Dollar ...... 10,128.08 ...... 10,128.08 Puneeet Talwar: Afghanistan ...... Dollar ...... 45.00 ...... 45.00 Anthony Wier: Germany ...... Euro ...... 218.00 ...... 218.00 United States ...... Dollar ...... 7,196.38 ...... 7,196.38 Debbie Yamada: Israel ...... Shekel ...... 380.00 ...... 380.00 Syria ...... Pound ...... 118.00 ...... 118.00 Austria ...... Euro ...... 276.00 ...... 276.00 Total ...... 16,328.93 ...... 101,393.28 ...... 117,722.21 SENATOR JOHN KERRY, Chairman, Committee on Foreign Relations, Apr. 23, 2009.

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS FOR TRAVEL FROM JAN. 1 TO MAR. 31, 2009

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Wendy Anderson: United States ...... Dollar ...... 8,361.56 ...... 8,361.56 Belgium ...... Euro ...... 151.81 ...... 69.00 ...... 70.00 ...... 290.81 Phil Park: Belgium ...... Euro ...... 362.00 ...... 362.00 Total ...... 513.81 ...... 8,430.56 ...... 70.00 ...... 9,014.37 SENATOR JOSEPH LIEBERMAN, Chairman, Committee on Homeland Security and Governmental Affairs, Apr. 28, 2009.

VerDate Nov 24 2008 01:14 May 14, 2009 Jkt 079060 PO 00000 Frm 00056 Fmt 0624 Sfmt 8634 E:\CR\FM\A13MY6.016 S13MYPT1 jbell on PROD1PC69 with SENATE May 13, 2009 CONGRESSIONAL RECORD — SENATE S5453 CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON HEALTH, EDUCATION, LABOR AND PENSIONS FOR TRAVEL FROM JAN. 1 TO MAR. 31, 2009

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Mary Sumpter Johnson: United States ...... Dollar ...... 10,332.04 ...... 10,332.04 Tanzania ...... Dollar ...... 1,938.00 ...... 1,938.00 Caya Lewis: United States ...... Dollar ...... 10,504.64 ...... 10,504.64 Tanzania ...... Dollar ...... 1,938.00 ...... 1,938.00 Hayden Rhudy: United States ...... Dollar ...... 10,333.22 ...... 10,333.22 Tanzania ...... Dollar ...... 1,938.00 ...... 1,938.00 Mona Shah: United States ...... Dollar ...... 12,451.44 ...... 12,451.44 Tanzania ...... Dollar ...... 1,938.00 ...... 1,938.00 Total ...... 7,752.00 ...... 43,621.34 ...... 51,373.34 SENATOR EDWARD M. KENNEDY, Chairman, Committee on Health, Education, Labor and Pensions, Mar. 23, 2009.

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON INTELLIGENCE FOR TRAVEL FROM JAN. 1, TO MAR. 31, 2009

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Eric Pelofsky ...... 582.00 ...... 582.00 Randall Bookout ...... 1,650.00 ...... 1,650.00 Dollar ...... 12,574.00 ...... 12,574.00 James Smythers ...... 1,215.00 ...... 1,215.00 Dollar ...... 15,968.50 ...... 15,968.50 Caroline Tess ...... 580.00 ...... 580.00 Dollar ...... 7,440.00 ...... 7,440.00 Andrew Kerr ...... 2,646.00 ...... 2,646.00 Dollar ...... 9,321.45 ...... 9,321.45 David Koger ...... 2,646.00 ...... 2,646.00 Dollar ...... 11,327.45 ...... 11,327.45 Daniel Jones ...... 1,612.00 ...... 1,612.00 Dollar ...... 8,353.35 ...... 8,353.35 John Dickas ...... 1,399.00 ...... 1,399.00 Dollar ...... 8,353.35 ...... 8,353.35 Michael Pevzner ...... 870.00 ...... 870.00 Dollar ...... 9,894.00 ...... 9,894.00 Eric Pelofsky ...... 368.67 ...... 368.67 Dollar ...... 5,694.04 ...... 5,694.04 Paul Matulic ...... 1,864.00 ...... 1,864.00 Paul Matulic ...... Dollar ...... 7,482.96 ...... 7,482.96 Eric Pelofsky ...... 44.00 ...... 44.00 Dollar ...... 8,218.29 ...... 8,218.29 Sen. Sheldon Whitehouse ...... 60.83 ...... 60.83 Dollar ...... 8,218.29 ...... 8,218.29 Total ...... 15,537.50 ...... 112,845.68 ...... 128,383.18 SENATOR DIANNE FEINSTEIN, Chairman, Committee on Intelligence, Apr. 8, 2009.

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN CURRENCIES AND APPROPRIATED FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON INTELLIGENCE FOR TRAVEL FROM OCT. 1 TO DEC. 31, 2008

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Clete Johnson ...... 907.00 ...... 907.00 Dollar ...... 9,648.52 ...... 9,648.52 Senator Bill Nelson ...... 1,744.00 ...... 1,744.00 Dollar ...... 11,874.44 ...... 11,874.44 Caroline Tess ...... 1,464.00 ...... 1,464.00 Dollar ...... 10,929.00 ...... 10,929.00 Greta Lundeberg ...... 1,664.00 ...... 1,664.00 Dollar ...... 10,928.94 ...... 10,928.94 John Dickas ...... 1,422.00 ...... 1,422.00 Dollar ...... 11,160.00 ...... 11,160.00 Jennifer Wagner ...... 1,430.99 ...... 1,430.99 Dollar ...... 11,160.00 ...... 11,160.00 Evan Gottesman ...... 810.96 ...... 810.96 Dollar ...... 15,611.33 ...... 15,611.33 Andrew Kerr ...... 750.00 ...... 750.00 Dollar ...... 2,627.30 ...... 2,627.30 Gordon Matlock ...... 750.00 ...... 750.00 Dollar ...... 2,622.30 ...... 2,622.30 Senator Christopher S. Bond ...... 1,973.27 ...... 1,973.27 Dollar ...... 10,704.71 ...... 10,704.71 Louis Tucker ...... 1,973.27 ...... 1,973.27 Dollar ...... 10,704.72 ...... 10,704.72 Shana Marchio ...... 1,272.00 ...... 1,272.00 Dollar ...... 10,525.00 ...... 10,525.00 Michael Dubois ...... 1,272.00 ...... 1,272.00 Dollar ...... 10,525.00 ...... 10,525.00 Lorenzo Goco ...... 3,172.00 ...... 3,172.00 Dollar ...... 12,036.54 ...... 12,036.54 Randall Bookout ...... 3,292.00 ...... 3,292.00 Dollar ...... 12,036.54 ...... 12,036.54 Caroline Tess ...... 482.00 ...... 482.00 Dollar ...... 8,193.00 ...... 8,193.00

VerDate Nov 24 2008 01:14 May 14, 2009 Jkt 079060 PO 00000 Frm 00057 Fmt 0624 Sfmt 8634 E:\CR\FM\A13MY6.016 S13MYPT1 jbell on PROD1PC69 with SENATE S5454 CONGRESSIONAL RECORD — SENATE May 13, 2009 CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN CURRENCIES AND APPROPRIATED FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON INTELLIGENCE FOR TRAVEL FROM OCT. 1 TO DEC. 31, 2008—Continued

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Michael Pevzner ...... 843.00 ...... 843.00 Dollar ...... 9,646.52 ...... 9,646.52 Senator Olympia Snowe ...... 84.83 ...... 84.83 Dollar ...... 8,428.29 ...... 8,428.29 James Smythers ...... 988.00 ...... 988.00 Dollar ...... 14,609.68 ...... 14,609.68 John Maguire ...... 1,173.00 ...... 1,173.00 Dollar ...... 14,450.68 ...... 14,450.68 Sameer Bhalotra ...... 2,237.00 ...... 2,237.00 Dollar ...... 13,116.06 ...... 13,116.06 Michael Pevzner ...... 1,094.00 ...... 1,094.00 Dollar ...... 14,421.00 ...... 14,421.00 Caroline Tess ...... 686.00 ...... 686.00 Dollar ...... 2,311.00 ...... 2,311.00 Alissa Starzak ...... 560.00 ...... 560.00 Dollar ...... 2,207.00 ...... 2,207.00 Randall Bookout ...... 2,586.00 ...... 2,586.00 Dollar ...... 11,503.80 ...... 11,503.80 Paul Matulic ...... 2,566.00 ...... 2,566.00 Dollar ...... 11,503.80 ...... 11,503.80 George K. Johnson ...... 3,465.00 ...... 3,465.00 Dollar ...... 9,293.67 ...... 9,293.67 Bryan Smith ...... 2,221.00 ...... 2,221.00 Dollar ...... 7,843.67 ...... 7,843.67 Louis Tucker ...... 1,298.00 ...... 1,298.00 Dollar ...... 10,448.90 ...... 10,448.90 Richard Girven ...... 1,388.00 ...... 1,388.00 Dollar ...... 10,488.90 ...... 10,488.90 Andrew Kerr ...... 1,372.00 ...... 1,372.00 Dollar ...... 10,519.84 ...... 10,519.84 Jennifer Wagner ...... 1,528.00 ...... 1,528.00 Dollar ...... 10,519.84 ...... 10,519.84 David Koger ...... 3,850.00 ...... 3,850.00 Dollar ...... 10,544.98 ...... 10,544.98 Richard Girven ...... 3,776.00 ...... 3,776.00 Dollar ...... 12,933.52 ...... 12,933.52 Matthew Pollard ...... 2,398.90 ...... 2,398.90 Dollar ...... 19,646.33 ...... 19,646.33 David Grannis ...... 1,150.00 ...... 1,150.00 Dollar ...... 8,789.42 ...... 8,789.42 Sameer Bhalotra ...... 1,282.00 ...... 1,282.00 Dollar ...... 8,789.42 ...... 8,789.42 Jacqueline Russell ...... 2,723.00 ...... 2,723.00 Dollar ...... 20,136.83 ...... 20,136.83 John Livingston ...... 2,723.00 ...... 2,723.00 Dollar ...... 19,646.33 ...... 19,636.33 Kathleen McGhee ...... 2,223.00 ...... 2,223.00 Dollar ...... 19,646.33 ...... 19,646.33 Kathleen Rice ...... 2,723.00 ...... 2,723.00 Dollar ...... 19,646.33 ...... 19,646.33 James Smythers ...... 1,653.10 ...... 1,653.10 Dollar ...... 15,079.27 ...... 15,079.27 John Maguire ...... 322.00 ...... 322.00 Dollar ...... 8,218.29 ...... 8,218.29 Total ...... 73,293,32 ...... 485,677.04 ...... 558,970.36 SENATOR JAY ROCKEFELLER, Chairman, Committee on Intelligence, Feb. 19, 2009.

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, AMENDED FROM 4TH QUARTER, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON INTELLIGENCE FOR TRAVEL FROM OCT. 1, 2008 TO DEC. 31, 2008

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Addendum to 2008 4th Quarter Report Todd Rosenblum ...... 392.00 ...... 392.00 Dollar ...... 1,904.00 ...... 1,904.00 Todd Rosenblum ...... 907.00 ...... 907.00 Dollar ...... 9,647.00 ...... 9,647.00 Total ...... 1,299.00 ...... 11,551.00 ...... 12,850.00 SENATOR JAY ROCKEFELLER, Chairman, Committee on Intelligence, Apr. 24, 2009.

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMISSION ON SECURITY AND COOPERATION IN EUROPE FOR TRAVEL FROM JAN. 1 TO MAR. 31, 2009

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Senator Ben Cardin: Israel ...... Shekel ...... 1,446.00 ...... 1,446.00 Syria ...... Pound ...... 548.54 ...... 548.54 Austria ...... Euro ...... 1,056.19 ...... 1,056.193 Senator Sheldon Whitehouse: Israel ...... Shekel ...... 1,446.00 ...... 1,446.00 Syria ...... Pound ...... 548.54 ...... 548.54 Austria ...... Euro ...... 1,430.19 ...... 1,430.19 Senator Tom Udall: Israel ...... Shekel ...... 1,446.00 ...... 1,446.00 Syria ...... Pound ...... 548.54 ...... 548.54

VerDate Nov 24 2008 01:14 May 14, 2009 Jkt 079060 PO 00000 Frm 00058 Fmt 0624 Sfmt 8634 E:\CR\FM\A13MY6.016 S13MYPT1 jbell on PROD1PC69 with SENATE May 13, 2009 CONGRESSIONAL RECORD — SENATE S5455 CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMISSION ON SECURITY AND COOPERATION IN EUROPE FOR TRAVEL FROM JAN. 1 TO MAR. 31, 2009—Continued

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Austria ...... Euro ...... 1,430.19 ...... 1,430.19 Senator Roger Wicker: Israel ...... Shekel ...... 1,446.00 ...... 1,446.00 Syria ...... Pound ...... 548.54 ...... 548.54 Austria ...... Euro ...... 1,430.19 ...... 1,430.19 Representative Alcee Hastings: Austria ...... Euro ...... 1,301.89 ...... 1,301.89 Representative Mike McIntyre: Israel ...... Shekel ...... 1,446.00 ...... 1,446.00 Syria ...... Pound ...... 548.54 ...... 548.54 Austria ...... Euro ...... 1,430.19 ...... 1,430.19 Fred Turner: Israel ...... Shekel ...... 1,446.00 ...... 1,446.00 Syria ...... Pound ...... 548.54 ...... 548.54 Austria ...... Euro ...... 1,430.19 ...... 1,430.19 Robert Hand: Israel ...... Shekel ...... 1,446.00 ...... 1,446.00 Syria ...... Pound ...... 548.54 ...... 548.54 Austria ...... Euro ...... 1,180.19 ...... 1,180.19 Macedonia ...... Denar ...... 1,574.00 ...... 1,574.00 United States ...... Dollar ...... 6,135.92 ...... 6,135.92 Shelly Han: Israel ...... Shekel ...... 1,446.00 ...... 1,446.00 Syria ...... Pound ...... 548.54 ...... 548.54 Austria ...... Euro ...... 1,430.19 ...... 1,430.19 Alex Johnson: Israel ...... Shekel ...... 1,446.00 ...... 1,446.00 Syria ...... Pound ...... 548.54 ...... 548.54 Austria ...... Euro ...... 2,869.18 ...... 2,869.18 Albania ...... Lek ...... 1,152.00 ...... 1,152.00 United States ...... Dollar ...... 9,282.19 ...... 9,282.19 Daniel Redfield: Israel ...... Shekel ...... 1,446.00 ...... 1,446.00 Syria ...... Pound ...... 548.54 ...... 548.54 Austria ...... Euro ...... 1,430.19 ...... 1,430.19 Winsome Packer: Austria ...... Euro ...... 3,340.00 ...... 3,340.00 United States ...... Dollar ...... 6,092.28 ...... 6,092.28 Croatia ...... Kuna ...... 586.00 ...... 586.00 Montenegro ...... Euro ...... 1,905.00 ...... 1,905.00 United States ...... Dollar ...... 1,682.14 ...... 1,682.14 Clifford Bond: Macedonia ...... Denar ...... 1,524.00 ...... 1,524.00 United States ...... Dollar ...... 9,403.92 ...... 9,403.92 Total ...... 46,445.18 ...... 32,596.45 ...... 79,041.63 SENATOR BEN CARDIN, Chairman, Committee on Security and Cooperation in Europe, Apr. 20, 2009.

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), MAJORITY LEADER FOR TRAVEL FROM FEB. 15 TO FEB. 18, 2009

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Jessica Lewis: Argentina ...... Peso ...... 1,078.00 ...... 1,078.00 Brazil ...... Real ...... 1,028.00 ...... 1,028.00 United States ...... Dollar ...... 7,440.20 ...... 7,440.20 Delegation Expenses Dollar ...... 110.00 ...... 110.00 SENATOR HARRY REID, Chairman, Majority Leader, Apr. 23, 2009.

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), REPUBLICAN LEADER FOR TRAVEL FROM DEC. 1 TO DEC. 9, 2008

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Tom Hawkins: United States ...... Dollar ...... 8,244.63 ...... 8,244.63 Israel ...... Dollar ...... 1,446.00 ...... 1,446.00 Belgium ...... Dollar ...... 396.78 ...... 77.66 ...... 474.44 Don Stewart: United States ...... Dollar ...... 8,244.63 ...... 8,244.63 Israel ...... Dollar ...... 1,446.00 ...... 1,446.00 Belgium ...... Dollar ...... 396.78 ...... 64.66 ...... 461.44 Total ...... 3,685.56 ...... 16,489.26 ...... 142.32 ...... 20,317.14 SENATOR MITCH McCONNELL, Chairman, Republican Leader, Apr. 21, 2009.

AUTHORIZING THE USE OF Con. Res. 80, which was received from The legislative clerk read as follows: EMANCIPATION HALL the House. A concurrent resolution (H. Con. Res. 80) Mr. DODD. Mr. President, I ask unan- The PRESIDING OFFICER. The authorizing the use of Emancipation Hall in imous consent that the Senate proceed clerk will report the concurrent resolu- the Capitol Visitor Center for an event to to the immediate consideration of H. tion by title. celebrate the birthday of King Kamehameha.

VerDate Nov 24 2008 01:14 May 14, 2009 Jkt 079060 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\CR\FM\A13MY6.016 S13MYPT1 jbell on PROD1PC69 with SENATE S5456 CONGRESSIONAL RECORD — SENATE May 13, 2009 There being no objection, the Senate In the overall population, about 1 in of efforts to understand and fight proceeded to consider the concurrent 200 people has a cavernous angioma, CCM—Joyce Gonzales, Dr. Leslie Mor- resolution. and about one-third of these affected rison of the University of New Mexico, Mr. DODD. Mr. President, I ask unan- individuals become symptomatic at and Connie Lee, president of the imous consent that the concurrent res- some point in their lives. In some His- Angioma Alliance. It is my honor to olution be agreed to, the motion to re- panic families, however, the rate of once again join them in this fight by consider be laid upon the table, with no prevalence is significantly higher. CCM introducing this resolution in the Sen- intervening action or debate, and any is what is known as an autosomal dom- ate today. statements related to this measure be inant disease, which means that each When it comes to diseases like CCM, printed in the RECORD. child of an affected parent has a 50-per- knowledge can save lives. We can raise The PRESIDING OFFICER. Without cent chance of inheriting it. the public’s and the medical commu- objection, it is so ordered. In New Mexico, this genetic mutation nity’s understanding of this dev- The concurrent resolution (H. Con. has been traced back to the original astating disease with this resolution. I Res. 80) was agreed to. Spanish settlers of the 1580s. It has now urge my colleagues to support it. Mr. DODD. Mr. President, I ask unan- f spread down and across at least 17 gen- erations, resulting in what could be imous consent that the resolution be INCREASING RESEARCH, AWARE- tens of thousands of cases of the illness agreed to, the preamble be agreed to, NESS, AND EDUCATION ABOUT in our State. New Mexico has the high- the motions to reconsider be laid upon CEREBRAL CAVERNOUS MAL- the table, with no intervening action est population density of this illness in FORMATIONS or debate, and any statements related the world. The States of Arizona, to the resolution be printed in the Mr. DODD. Mr. President, I ask unan- Texas, and Colorado may not be far be- imous consent that the Senate proceed RECORD. hind. The PRESIDING OFFICER. Without to the immediate consideration of S. Unfortunately, and in some cases objection, it is so ordered. Res. 148, submitted earlier today. tragically, many of those who suffer The resolution (S. Res. 148) was The PRESIDING OFFICER. The from this disease do not know it. Even agreed to. clerk will report the resolution by worse, New Mexico and the Nation face The preamble was agreed to. title. a shortage of physicians who are famil- The resolution, with its preamble, The legislative clerk read as follows: iar with the illness. This makes it dan- reads as follows: A resolution (S. Res. 148) expressing the gerously difficult to receive a timely S. RES. 148 sense of the Senate that there is a critical diagnosis and appropriate care. It puts Whereas cerebral cavernous malformation need to increase research, awareness, and potentially thousands of individuals at (in this resolution referred to as ‘‘CCM’’), or education about cerebral cavernous mal- risk of a stroke, a seizure, or even sud- cavernous angioma, is a devastating blood formations. den death. vessel disease that has enormous con- There being no objection, the Senate This dangerous ignorance of a poten- sequences for people affected and their fami- proceeded to consider the resolution. tial killer results in part from a lack of lies; Mr. UDALL of New Mexico. Mr. research on the disease. NIH funds only Whereas cavernous angiomas are mal- formations in the brain that cannot be de- President, Joyce Gonzales had been eight projects on CCM. This, despite in- suffering for 15 years when she was di- tected easily, except through very specific dications from staff at the National In- medical imaging scans; agnosed. A cluster of blood vessels in stitute of Neurological Disorders and Whereas people with CCM are rarely aware her cervical spinal cord were giving her Stroke that CCM may be a ‘‘paradigm that they have the disease, which makes discomfort and pain, but for years her illness,’’ meaning research findings on taking blood thinners or aspirin risky; doctors could not understand why. CCM could shed light on other illnesses Whereas, according to the Angioma Alli- When they were finally able to diag- with similar characteristics. ance, in the general population, 1 in approxi- nose her, a quick operation relieved her To fight this ignorance and save mately 200 people has CCM; Whereas, according to the Angioma Alli- pain and gave her her life back. lives, I am introducing this resolution ance, more than 1⁄2 of the people with CCM Joyce’s second cousin was not so today to express the sense of the Sen- experience symptoms at some point in their lucky. Her experience with the same ate that there is a critical need to ex- lives; mysterious illness ended in a fatal cer- pand education, awareness and re- Whereas, according to the Angioma Alli- ebral hemorrhage. She was nine years search on CCM. I thank my colleagues, ance, there is a hereditary form of CCM, old. Senators MCCAIN, BINGAMAN, LEVIN, caused by a mutation or deletion on any 1 of 3 genes, that is characterized by multiple Medical science has made great KERRY, and VITTER for joining me to strides in unlocking the mystery of ill- cavernous malformations; urge for increased resources. Whereas, according to the Angioma Alli- nesses that have plagued humanity for This is only a preliminary step in the ance, each child born to parents with the he- centuries. Scientific breakthroughs fight against this disease, but it is an reditary form of CCM has a 50 percent chance have helped control and eliminate dis- important one. A Senate resolution of having CCM; eases that once threatened the life and would send the message that we take Whereas, according to the Angioma Alli- health of millions. Yet for all our this disease seriously. It would encour- ance, a specific genetic mutation of CCM progress, we still face threats that we age ongoing research efforts targeted called the ‘‘common Hispanic mutation’’, do not understand and therefore cannot which has been traced to the original Span- at the disease and increase public ish settlers of the Americas in the 1590’s, has stop. knowledge that could lead to accurate now spread across at least 17 generations of One of these threats is cerebral cav- diagnoses and saved lives. families; ernous malformation, also known as In the long run, I believe a Center of Whereas while CCM is more prevalent in CCM, or cavernous angiomas. CCMs are Excellence is needed to advance re- certain States, families throughout the caused by abnormal blood vessels that search and provide cutting edge treat- United States are at risk; form clusters, known as angiomas, in ments for families with CCM. This Cen- Whereas a person with CCM could go the brain or spinal cord. If these le- ter would also advance science, health undiagnosed until sudden death, seizure, or sions bleed or press up against struc- stroke; care, and medical education in the Whereas there is a shortage of physicians tures in the central nervous system, Southwest, while providing jobs for who are familiar with CCM, making it dif- they can cause seizures, neurological New Mexicans who want to serve their ficult for people with CCM to receive timely deficits, hemorrhages, or severe head- fellow citizens. An expansion of the ex- diagnosis and appropriate care; aches. CCM took 15 years of Joyce isting DNA/tissue and clinical database Whereas the shortage of such physicians Gonzales’s wellbeing, and it took the is also needed. The current database is has a disproportionate impact on thousands life of her nine-year-old cousin. With underfunded, which means that it can- of Hispanics across the United States; more knowledge of this mysterious Whereas CCM has not been studied suffi- not accept all the samples that are of- ciently by the National Institutes of Health killer, both tragedies might have been fered. I will be working on both of and others; avoided. With today’s resolution, I these issues. Whereas there is a need to expeditiously hope we can move one step towards Before I close, I want to thank three initiate pilot studies to research the use of that knowledge. people who have been at the forefront medications to treat CCM; and

VerDate Nov 24 2008 01:14 May 14, 2009 Jkt 079060 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\CR\FM\G13MY6.060 S13MYPT1 jbell on PROD1PC69 with SENATE May 13, 2009 CONGRESSIONAL RECORD — SENATE S5457 Whereas medications that treat CCM will in the day, and there be a period for PROGRAM enable preventive treatment that reduces the transaction of morning business for the risk of hemorrhage in those who have up to 1 hour, with Senators permitted Mr. DODD. Mr. President, under rule been diagnosed, thereby saving lives and dra- to speak for up to 10 minutes each, XXII, the filing deadline for germane matically reducing healthcare costs: Now, with the time equally divided and con- first-degree amendments is 1 p.m. to- therefore, be it Resolved, That it is the sense of the Senate trolled between the two leaders or morrow. that there is a critical need to increase re- their designees, that the majority con- search, awareness, and education about cere- trol the first half and the Republicans f bral cavernous malformations. control the second half, and that Sen- ator FEINSTEIN control the majority f ADJOURNMENT UNTIL 9:30 A.M. time. ORDERS FOR THURSDAY, MAY 14, I further ask that following morning TOMORROW 2009 business, the Senate resume consider- Mr. DODD. Mr. President, if there is Mr. DODD. Mr. President, I ask unan- ation of H.R. 627, the Credit Card- no further business to come before the imous consent that when the Senate holders’ Bill of Rights legislation. completes its business today, it ad- Finally, I ask unanimous consent Senate, I ask unanimous consent that journ until 9:30 a.m. tomorrow, Thurs- that the mandatory quorums under it stand adjourned under the previous day, May 14; that following the prayer rule XXII with respect to the sub- order. and pledge, the Journal of proceedings stitute amendment No. 1058 and H.R. There being no objection, the Senate, be approved to date, the morning hour 627 be waived. at 6:19 p.m., adjourned until Thursday, be deemed expired, the time for the two The PRESIDING OFFICER. Without May 14, 2009, at 9:30 a.m. leaders be reserved for their use later objection, it is so ordered.

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IN HONOR OF LAWRENCE M. SUL- A TRIBUTE TO RUTH SILBER Today, we take another important step in LIVAN, SR. PUBLIC DEFENDER guiding our economy back towards its once OF THE STATE OF DELAWARE HON. EDOLPHUS TOWNS stable footing, by prohibiting predatory lending OF NEW YORK and abusive lending practices, holding banks responsible for the home mortgages they HON. MICHAEL N. CASTLE IN THE HOUSE OF REPRESENTATIVES Wednesday, May 13, 2009 issue, and protecting tenants whose resi- OF DELAWARE dences go into foreclosure despite their own Mr. TOWNS. Madam Speaker, I rise today timely payment of rent. IN THE HOUSE OF REPRESENTATIVES in recognition of Ruth Silber, a dedicated pub- lic servant for 26 years. One of the most prevalent abuses by Wednesday, May 13, 2009 Ruth Silber is a volunteer at Public School subprime loan originators has been the prac- 273 in New York City. She was born in Brook- tice in which they steer prospective borrowers Mr. CASTLE. Madam Speaker, it is with lyn, New York and has lived in Brooklyn for towards loans that will provide originators with great pleasure that I rise today to celebrate eighty-three years. the highest near-term payoff, sometimes and pay tribute to the almost 40 year career Mrs. Silber has worked diligently for the through fees the broker or loan officer collects of Lawrence M. Sullivan, Sr., as the premier Teamster’s Union for the 26 years prior to her by directing borrowers towards those loans. Public Defender of the State of Delaware. retirement, and death of her husband, Mr. The Mortgage Reform and Anti-Predatory Larry’s vision and immense belief in providing Silber. Following her retirement, Mrs. Silber Lending Act would prohibit mortgage brokers superb legal services to defendants who could volunteered with P.S. 273 to assist in the li- and bank officers from directing borrowers to- otherwise not afford representation helped de- brary. wards loans that will ultimately become more velop a Pubic Defenders Office that is the Mrs. Silber considers volunteering in school expensive than they can afford, and would envy of states throughout our country. the ‘‘love of her life’’, along with her children mandate that lenders only issue loans that the Over the past 45 years, Larry has probably and grand-children, and brings a constant borrowers can repay. In addition, it will require served in more capacities and for more Gov- youthful insightfulness to her volunteer work. loan originators to disclose to borrowers any Madam Speaker, Please join me in recog- ernors than any other Delawarean in the his- compensation they receive in connection with nizing Ruth Silber for her time and dedication tory of our state. While serving predominately the mortgage transaction. on Gubernatorial commissions focused on to public service. One of the reasons loan originators have issues dealing with corrections, courts, drugs, f been unconcerned about issuing loans that and other issues related to the legal profes- MORTGAGE REFORM AND ANTI- they know borrowers might not be able to pay sion, Larry also served as the Register of Wills PREDATORY LENDING ACT for New Castle County, as a Mortgage Com- off is because loan originators in recent years have tended immediately to resell, or missioner for New Castle County, a college SPEECH OF professor of business and real estate law, and securitize, the mortgage loans they originate. as a member of the Delaware Trial Lawyers HON. RUSH D. HOLT Therefore, they only retained the risk associ- Association, Delaware Bar Association and the OF NEW JERSEY ated with issuing an unstable loan for a brief American Bar Association. IN THE HOUSE OF REPRESENTATIVES period, and then the risk was transferred else- Wednesday, May 6, 2009 where. The Mortgage Reform and Anti-Preda- Larry has been recognized over the years tory Lending Act calls for new regulations to for many achievements, including: Delaware’s The House in committee of the Whole require loan originators to retain at least a five House on the State of the Union had under Outstanding Young Republican of the Year, percent interest in every loan they issue. Once Wilmington’s Young Man of the Year, National consideration the bill (H.R. 1728) to amend the Truth in Lending Act to reform con- they are required to retain some of the long- Vice-Chairman of the Young Republican Na- sumer mortgage practices and provide ac- term risk of a borrower defaulting on the loan, tional Federation, President of the Active countability for such practices, to provide the issuers should be expected to reinstate Young Republicans of Wilmington, recipient of certain minimum standards for consumer more prudent loan origination practices. In ad- the 2003 James P. Ford Award from the mortgage loans, and for other purposes: dition, the bill would hold the secondary mort- Criminal Justice Council of Delaware, 2005 Vi- Mr. HOLT. Mr. Chair, I rise today in support gage market—the institutions that have been of the Mortgage Reform and Anti-Predatory sion Award from the International Association purchasing and securitizing mortgages—re- Lending Act, H.R. 1728, and to commend my of Forensic Nurses, 2006 Dorsey Award from sponsible for complying with the same stand- colleagues BRAD MILLER, MEL WATT and the American Bar Association’s Government ard when they purchase and package mort- and Public Sector Lawyers’ Division, and the Chairman FRANK for their leadership and hard gages for resale. 2006 Reginald Heber Smith Award from the work on this measure. I note that Rep. MILLER National Legal Aid & Defender Association. has worked on this matter for years, long be- And the Mortgage Reform and Anti-Preda- The awards Larry has received over the years fore it became such a consuming issue. I urge tory Lending Act also includes important pro- are incapable of recognizing the extraordinary my colleagues to support it. tections for some of the most innocent and vision and leadership he provided to our state A host of factors contributed to the eco- vulnerable victims of the foreclosure crisis— for his entire career. nomic crisis we have been suffering from over namely, tenants who reliably pay their rent on the past year, and it is fitting that the term time, but wind up homeless when their land- While Larry may be stepping down as Dela- ‘‘perfect storm’’ has so often been used to de- lords fail to do the same with their mortgage ware’s Public Defender, we will all remember scribe it. But the abusive and predatory prac- payments, and their properties go into fore- the indelible print he left on the judicial system tices of certain mortgage lenders certainly are closure. The bill would require that tenants in and those individuals unable to afford private among the factors that top the list. Some- such circumstances receive adequate advance counsel. I express my heartfelt thanks to Larry where along the way, prudent business judg- notice and are provided with an opportunity to for his many years of service, and most of all ment and careful long-term risk assessment relocate before the foreclosure is completed. I thank him for being the individual who actu- were muscled out of the way by short-term ally introduced me to the Republican Party profit seeking, with no thought of the impact The Mortgage Reform and Anti-Predatory and got me involved in public service. He is a that would have on the broader economy in Lending Act includes many important reforms very special friend of mine whose foresight the long run. The end result: the highest rate and protections. I am pleased to support it and helped many Delawareans. of home foreclosures in a quarter of a century. I urge my colleagues to do the same.

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

VerDate Nov 24 2008 04:24 May 14, 2009 Jkt 079060 PO 00000 Frm 00001 Fmt 0626 Sfmt 0634 E:\CR\FM\K13MY8.002 E13MYPT1 smartinez on PROD1PC64 with REMARKS E1132 CONGRESSIONAL RECORD — Extensions of Remarks May 13, 2009 MOREEN BLUM Men like Chris Levi, and Bob Dole . . . who nology, educational exchange, military sales are but our Lord’s greatest of all men and Taiwan’s participation in international HON. HOWARD L. BERMAN endeared . . . agencies. Are such Men to behold, who with but their It is heartening to learn that Taiwan has OF CALIFORNIA fine hearts of gold . . . IN THE HOUSE OF REPRESENTATIVES With such great inspiration inspire us all so been invited to attend this year’s World Health Assembly (WHA) in Geneva, Switzerland from Wednesday, May 13, 2009 . . . to so warm one’s soul . . . To carry with us as we grow old, in heart’s May 19 to May 27 as an observer. This is a Mr. BERMAN. Madam Speaker, I am hon- of love so . . . such honor, for them we breakthrough for the Taiwanese government; it ored to pay tribute to my good friend, Moreen now so hold! is Taiwan’s first participation in a formal U.N Blum, who was recently honored by the Sher- A New York Man . . . who so boldly in Long activity since 1971, when the world body man Oaks Democratic Club for her out- Island ran . . . . switched its recognition to mainland China. standing contributions to democratic politics in Who from Suffolk, without fear . . . with In celebrating President Ma’s first anniver- the San Fernando Valley. I have known Mo- such great courage would so stand . . . sary in office, I join my Congressional col- reen for over two decades and have had the So stand, therein face of death . . . and then to return back home with almost noth- leagues in hoping that Taiwan’s participation pleasure of working with her on many impor- ing left . . . in the WHA this May will lead to Taiwan’s fu- tant issues in our community. Who gave up but his two fine strong legs . . . ture successes in returning to other inter- A long time volunteer in local politics, Mo- As he won’t moan, and he won’t beg. . . . As national organizations. reen was born in Cleveland, Ohio. She joined he starts his brilliant life all over f the Navy when she was twenty years old and again . . . was a member of the Waves until 1952. Short- With but his fine heart and soul, showing us INTRODUCTION OF THE VETERANS ly after moving to Los Angeles in 1959, she all in life. . . . But where lies man- GROUP LIFE INSURANCE IM- formed the West Hollywood Democratic Club kind’s true gold. PROVEMENT ACT OF 2009 As step by step . . . and was a Golden Girl at the John F. Kennedy The new pain and heartache, somehow he so nominating convention. Currently, she is Presi- accepts . . . as this hero is not done HON. STEVE BUYER dent Emeritus of the Sherman Oaks Demo- yet! OF INDIANA cratic Club, and is very active as the president For He Will Reach Us, as He Will So Teach IN THE HOUSE OF REPRESENTATIVES and founder of the Summerville Democratic Us . . . as oh yes, as each of us . . . he Wednesday, May 13, 2009 Club. Her noteworthy achievements were rec- Will So Bless . . . ognized by the Democratic Party of the San But, with his fine heart of honor so . . . Mr. BUYER. Madam Speaker, today I am Fernando Valley, as she was presented with He now so stands, with all of his band of introducing the Veterans’ Group Life Insurance brothers . . . such great respect he now the Dorothy Mayer Award. She serves as a Improvement Act of 2009 which increases the so commands! amount of life insurance available to veterans. worthy example to all political activists. All of our hearts and souls, as he battles Madam Speaker and distinguished col- Veterans Group Life Insurance (VGLI) is ad- through those winds so cold . . . mak- ministered by the Department of Veterans Af- leagues, I ask you to join me in saluting Mo- ing us all so understand. reen Blum for her impressive career and dedi- That in the end, it’s but only with our heart fairs. The purpose of this program is to give cation to the people of the San Fernando Val- we win! veterans the option to convert their ley. Arms and legs surely we all need, but with- Servicemembers Group Life Insurance (SGLI) out a great heart . . . one cannot so coverage that they carry when they are in f breath . . . to succeed! service to a competitive life insurance product HONORING THE HEROISM OF To start all over again . . . Chris, you are for them and their family in post-military life. CHRIS LEVI America’s fine son of faith and glory, Under current law, veterans have up to one bless you . . . Godspeed . . . year to convert the amount of SGLI coverage In life, there are so many Mountains we they carry to VGLI. Many separating HON. PETER T. KING must climb! OF NEW YORK But, only with such unshaken faith and cour- servicemembers are young and don’t see the IN THE HOUSE OF REPRESENTATIVES age, will one so find . . . need to carry a large amount of life insurance coverage. However, as they get older and Wednesday, May 13, 2009 All of those fine things, that which so bring such tears to even the Angels’ eyes . . . have a family, many of these servicemembers Mr. KING of New York. Madam Speaker, In Chris Levi . . . have expressed a desire to purchase addi- poet and Capitol Tour Guide Albert C. Caswell We so surely see, what the word hero so im- tional coverage but are barred from doing so has penned a poem in honor of Sp. E4 Chris plies! under current law. Levi of The North Brigade 410/230 10th Moun- And if I ever have a son, I but hope and pray. The Veterans’ Group Life Insurance Im- tain, from Holbrook Long Island. On March . . . That he will be like you this fine one . . . Chris Levi . . . provement Act of 2009 allows veterans to pur- 17th 2008, in Sadr City Iraq, Chris lost both of chase up to $400,000 of VGLI coverage in his legs when an EFP struck him. Miracu- f $50,000 increments, every five years, until the lously, he somehow cheated death. And now IN HONOR OF PRESIDENT MA’S age of 60. The costs of such increases in cov- like all of our magnificent heroes of the mili- FIRST ANNIVERSARY IN OFFICE erage will be offset by premiums veterans pay, tary, who have given their most precious AS PRESIDENT OF TAIWAN so there is no direct cost to the government. limbs, Chris begins his new fight. A fight that This bill gives our veterans greater flexibility in he is winning, winning with his great heart of their life insurance choices and I urge all faith and courage. As like Bob Dole, he too HON. KENNY MARCHANT members to co-sponsor and support this legis- will be an inspiration to us all, for the rest of OF TEXAS lation. IN THE HOUSE OF REPRESENTATIVES his life, as we witness the true meaning of the f word Hero, all in our time. Wednesday, May 13, 2009 10TH MOUNTAIN MEN A TRIBUTE TO CONSTANCE V HAY- Mr. MARCHANT. Madam Speaker, Mr. Ma ALLEYNE 10th Mountain Men . . . Ying-jeou was inaugurated as President of Re- Are but those my friends, who will this our public of China (Taiwan) on May 20, 2008. nation so defend . . . HON. EDOLPHUS TOWNS During the last twelve months there has been Who but in times of war, all for country bore OF NEW YORK a considerable reduction of tension across the . . . the greatest of all burdens, until IN THE HOUSE OF REPRESENTATIVES the bitter end. Taiwan Strait and there have been productive Brilliant Men, who run and fight . . . talks between the two sides on issues such as Wednesday, May 13, 2009 Who climb mountains, knock down doors direct airline flights, an economic accord pro- Mr. TOWNS. Madam Speaker, I rise today . . . and go through walls to win that tecting investments, more tourist visits by in recognition of Constance V. Hay-Alleyne. night . . . mainlanders to Taiwan. Constance has lived life as a goal oriented Who with but their brave hearts so ignite, the fight for freedom to so bring the President Ma has also been working closely and knowledgeable Registered Nurse with am- light! with the U.S. government. The mutual relation- bitious and humanitarian social motivations. For well over the many years . . . ship between our two countries is strong. We Constance is well known in the Panamanian There have been so many magnificent he- hope that the relations will grow even stronger and Caribbean communities. Her delightful in- roes, so dear! in all areas, including trade, science and tech- tellectual curiosity has served her professional

VerDate Nov 24 2008 04:24 May 14, 2009 Jkt 079060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A13MY8.002 E13MYPT1 smartinez on PROD1PC64 with REMARKS May 13, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E1133 growth well. She holds a BSN and MSN de- ers, volunteers, and community organizations teer their time and expertise to efforts to im- grees from Medgar Evers College in Brooklyn, such as the Child Welfare Organizing Project, prove the lives of those children who are cur- New York and Georgetown University, in which is doing fantastic work in my district. rently in the system, championing their cause Washington D.C, respectively. She has distin- National Foster Care Month provides us with in State legislatures and throughout the halls guished herself as a competent Nurse Man- an opportunity to commend those individuals of Congress. I salute these fine men and ager and Administrator for over three decades, and families who open up their homes and women for the example that they set for all in the Brooklyn, Manhattan, and Washington lives to our most vulnerable children by be- Americans. D.C areas. In 1981, she joined the United coming a foster parent. Foster parents step in f States Army Nurses Corps, served as a Cap- to serve as a surrogate mom and dad to chil- tain, active duty and in reserve. dren when their parents are not there to com- RECOGNIZING ZUNI ELEMENTA- At home, Constance has raised her four fort and care for them. Their services are in- RY’S 20TH ANNIVERSARY children to love and respect everyone espe- valuable in helping these children overcome cially their elders. She encouraged them to their grief and move forward in their lives. HON. HARRY E. MITCHELL have positive outlooks in life and motivation to National Foster Care Month also provides OF ARIZONA do ‘‘as much as they can’’ with care and dig- us with an opportunity to evaluate our foster IN THE HOUSE OF REPRESENTATIVES care system. Congress made great strides last nity. It could not be otherwise since this has Wednesday, May 13, 2009 been an inheritance from her parents: John fall in passing comprehensive, bipartisan legis- who died at the age of 114 and Imogene, at lation that strengthened the child welfare sys- Mr. MITCHELL. Madam Speaker, I rise age 82. Faithful to that motto, she has been tem. The Fostering Connections to Success today to commemorate the 20th anniversary of involved in many other activities such as a and Increasing Adoptions Act provided new Zuni Elementary School in Scottsdale, Ari- mediator at the Safe Horizon Brooklyn Medi- resources to the system and included policy zona. Zuni, first opened its doors to students ation Center, as a Board Member of the Com- changes aimed at improving the outcomes of in the fall of 1989. This fall, Zuni will merge munity Board 5 and as the Chair for Education children in care. The legislation has signifi- with another nearby school to become Redbird and Training for Tashia’s Life, a lupus founda- cantly improved the lives of foster children by Elementary. tion. facilitating their connection to extended family, In its two decade existence, Zuni earned She was miraculously rescued from the supporting grandparents and other relative many awards of distinction, most notably the September 11, 2001 disaster at World Trade caregivers who care for these children, pro- Honor Council Excellence Award from the Center. This encounter made her redefine her viding support to older youth in their transition American Student Council Association and the mission on earth, realizing that God had saved to adulthood, ensuring the health care and National Association of Elementary School her life for some special purpose. She serves educational needs of every child are met, end- Principals. Zuni earned this award every year the Lord at St. Alban’s Episcopal Church in ing the discriminatory practices against Native since 1993, a remarkable accomplishment. Canarsie, Brooklyn, where she functions as a American children who are under the super- Since 2005, Zuni has received the Arizona Lay Ecumenical Minister, as well as a Vestry. vision of tribal governments, enhancing federal Department of Education’s highest ranking of Throughout her career, Mrs. Hay-Alleyne training assistance for child welfare workers ‘‘Excelling School.’’ has received numerous awards and recogni- and court personnel, and strengthening the In addition to its educational successes, tions including: being featured in ‘‘Who’s federal adoption assistance program. The Fos- Zuni’s philanthropic efforts have been an inspi- Who?’’ in Nursing in Cambridge. tering Connections to Success and Increasing ration to our community. Over the past 12 Adoptions Act represented the most significant years, Zuni Elementary raised over $106,000 f reform in the child welfare system in over a as part of the Jump Rope for Heart campaign SPEECH OF decade. I am proud of the bipartisan work that that supports heart disease and stroke re- the Committee on Ways and Means did in de- search by the American Heart Association. RECOGNIZING NATIONAL FOSTER veloping the underlying legislation that led to As a former teacher, I personally under- CARE MONTH the comprehensive bill. Nevertheless, there is stand the importance of building a strong edu- still a great deal of work that needs to be cational foundation during elementary school. I HON. CHARLES B. RANGEL done. would like to congratulate the Zuni Coyotes— OF NEW YORK Despite the success of last fall’s legislation, teachers, students, and parents—on this ex- IN THE HOUSE OF REPRESENTATIVES Congress needs to remain committed to fur- ceptional milestone. ther strengthening the foster care system and Wednesday, May 6, 2009 Madam Speaker, please join me in recog- addressing some of the problems that have nizing Zuni Elementary on its 20 outstanding Mr. RANGEL. Mr. Speaker, on any given plagued it for years. Children of color are dis- years of educational excellence and dedication day there are nearly a half million children in proportionately over-represented in foster to scholastic achievement. our nation’s foster care system. These chil- care. African American and Native American f dren have endured more pain and suffering in children are removed from their homes and their short lives than many of us could ever placed in foster care at much higher rates PERSONAL EXPLANATION imagine. Not only do they experience the than their white peers. Tragically, once they physical and emotional trauma that is con- are removed from their homes, they are more HON. TIMOTHY V. JOHNSON nected to their mistreatment, but they also likely to remain in the system for longer peri- OF ILLINOIS face the grief of being separated from their ods of time. This problem transcends urban IN THE HOUSE OF REPRESENTATIVES siblings, extended family, friends, and their areas and occurs across our nation, affecting Wednesday, May 13, 2009 community. The foster care system serves as not only New York, Michigan and Illinois, but a safe sanctuary for these young people and States such as Iowa, Washington State and Mr. JOHNSON of Illinois. Madam Speaker, provides services and support to help ease Minnesota. Many of the provisions included in unfortunately last night, May 12, 2009, I was their suffering. It is in the foster care system the Fostering Connections the Success and unable to cast my votes on the Motion to that children find the help they need to ad- Increasing Adoptions Act will help to begin to Table the Flake Question of Privilege, H. Res. dress their pain, and where families can re- address this problem, yet more reform is still 413 and H. Res. 378 and wish the record to ceive the services they need to safely restore needed. reflect my intentions had I been able to vote. their bond with their children. And when it is I ask my colleagues to join me in cele- Had I been present for rollcall No. 243, on not possible to safely reunify a child with their brating National Foster Care Month by saluting the Motion to Table Representative FLAKE’s parents, it is through the foster care system the people who come to the aid of our most Question of Privilege, I would have voted that a child finds a permanent home with a rel- vulnerable children and families, as well as the ‘‘nay.’’ ative caregiver or an adoptive family. men and women who are, or were formerly in, Had I been present for rollcall No. 244, on The month of May is National Foster Care the foster care system. These individuals rep- suspending the Rules and passing H. Res. Month. It provides the nation with an oppor- resent some of our bravest men and women 413, Supporting the goals and ideals of ‘‘IEEE tunity to acknowledge the wonderful contribu- who have overcome a level of grief and suf- Engineering the Future’’ Day on May 13, tions of the countless men and women who fering that some will never experience in their 2009, I would have voted ‘‘yea.’’ dedicate their lives to assisting children and lifetime. Yet, these remarkable people go on Had I been present for rollcall No. 245, on families, such as case workers and adminis- to lead successful lives, often exceeding their suspending the Rules and passing H. Res. trators, child and family advocates, research- wildest expectations. Many of them now volun- 378, Recognizing the 30th anniversary of the

VerDate Nov 24 2008 04:24 May 14, 2009 Jkt 079060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\K13MY8.004 E13MYPT1 smartinez on PROD1PC64 with REMARKS E1134 CONGRESSIONAL RECORD — Extensions of Remarks May 13, 2009 election of Margaret Thatcher as the first fe- Flint Assembly in 1997. This unprecedented PERSONAL EXPLANATION male Prime Minister of Great Britain, I would agreement secured new work for the plant and have voted ‘‘yea.’’ a $500 million investment from the company. HON. ALBIO SIRES f He was elected without opposition in his 7th OF NEW JERSEY bid for Local 598 chairman. Earlier this year IN THE HOUSE OF REPRESENTATIVES TRIBUTE TO ANDREA F. BROOKS he negotiated a new Local Living Agreement that is serving as the role model for other Wednesday, May 13, 2009 HON. ANDRE´ CARSON plants in the United States. Mr. SIRES. Madam Speaker, I would like to OF INDIANA Over the years, Mark has gained a reputa- state for the RECORD my position on the fol- IN THE HOUSE OF REPRESENTATIVES tion for helping those less fortunate. Starting in lowing votes I missed on May 12, 2009. Had 1994, UAW Local 598 membership has do- Wednesday, May 13, 2009 I been present, I would have voted ‘‘yes’’ on nated over $1 million to feed and clothe needy rollcall 243 to table the motion, ‘‘yes’’ on roll- Mr. CARSON of Indiana. Madam Speaker, I children. Mark has organized the building of 8 call 244 on H. Res. 413; and ‘‘yes’’ on rollcall rise today to honor the life of Andrea E. playgrounds at local elementary schools and 245 on H. Res. 378. Brooks of Indianapolis, Indiana. She passed parks. Responding to the tragedy of Sep- f away on April 25, 2009 at the age of 65. An- tember 11, he spearheaded the drive to build drea was a great leader and an inspiration to two trucks with donated labor and GM compo- A TRIBUTE IN REMEMBRANCE OF us all. nents for the New York Fire Department. STEVEN L. ZELKOWITZ As a government servant, Andrea dedicated Across the Nation the UAW and General Mo- her career to working with the Department of tors followed his example and a total of 60 HON. EDOLPHUS TOWNS Veterans Affairs and as a labor activist to the trucks were given to the Fire Department. OF NEW YORK The community has recognized his contribu- American Federation of Government Employ- IN THE HOUSE OF REPRESENTATIVES ees (AFGE). Her perseverance stemmed from tions and Mark has received the following the belief that unions play a necessary role in awards: 2000 Walter Reuther Award, 2000 Wednesday, May 13, 2009 the fight for fairness and equal justice in the Liberty Bell Award, 2001 American Red Cross Mr. TOWNS. Madam Speaker, I rise today workplace. Hero Award, 2002 Martin Luther King Award, to pay tribute and to honor Steven L. Over the course of 30 years, Andrea had and in 2003 he received the Michigan Parks Zelkowitz, a visionary leader in our community led a brilliant career. She served as the Na- and Recreation Committee Award. and an inspiration to all of New York. tional Vice President of Women’s and Fair Mark and his wife, Shelley, have been mar- Steven L. Zelkowitz, an independent energy Practices Department at the AFGE. Before ried for 19 years and have 3 children Joseph, consultant and attorney, is a senior veteran in that Andrea was Chief Steward, then Vice Brandi, and Richard and four grandchildren New York’s energy industry. He began as an President, Secretary-Treasurer, Executive Vice Brooklyn, Olivia, Chace, and Emma. attorney in private practice, representing utili- President and then President for ten years of Madam Speaker, I ask the House of Rep- ties and energy companies for twenty years. the AFGE Local 490 at the Veterans Affairs resentatives to rise with me and applaud the He then joined Keyspan Corporation, serving Regional Office in Los Angeles, California. life of Mark Hawkins. He has been diligent in as its General Counsel, Chief Administrative Andrea left behind a legacy of being a vi- fighting for the rights of the UAW membership. Officer, Executive Vice President, and eventu- sionary activist. Her hope for the union was for Gifted with vision, tenacity, and mediation he ally President of the Energy Assets & Supply it to be a leader for civil rights activism, pro- has brought a deep comprehension of both Group. At every point in his career, Mr. tecting the rights and freedom of women, mi- sides of a problem to the negotiating table. Zelkowitz distinguished himself by his keen norities and the disabled. Andrea’s many ac- Deeply engaged in the struggle to bring dignity understanding of New York’s energy needs, complishments will continue to motivate every- to the workplace, Mark Hawkins has been a his tireless work ethic, and his loyalty. one who was touched by her work. I extend true friend to workers everywhere. I consider Steven L. Zelkowitz has also earned an ex- my deepest condolences to her friends and him a friend and have valued his insight and cellent reputation for supporting local organi- family as they mourn her passing. My wisdom over the future of the U.S. auto indus- zations and institutions of higher learning. Mr. thoughts and prayers are with them all during try. I am a better Congressman for having Zelkowitz serves on the Board of Trustees of this difficult time. known Mark and I wish him the best as he Brooklyn Law School and is chair of its Fi- Madam Speaker and esteemed colleagues, starts this new phase of his life. nance Committee. He is also a member of the I urge you to join me in paying tribute to An- f Board of Trustees of the Volunteer Lawyers drea E. Brooks for her distinguished service to REVEREND CHARLES E. SMITH Project of the Brooklyn Bar Association, a our Nation’s workforce. member of National Board of Governors of the f HON. MICHAEL C. BURGESS American Jewish Committee, a member of the American Bar Association and the New York OF TEXAS HONORING MARK HAWKINS State Bar Association, and a past chair of its IN THE HOUSE OF REPRESENTATIVES Public Utility Law Committee. HON. DALE E. KILDEE Wednesday, May 13, 2009 Madam Speaker, I would like to recognize OF MICHIGAN Mr. BURGESS. Madam Speaker, I have the Steven L. Zelkowitz, a well-respected leader in IN THE HOUSE OF REPRESENTATIVES honor of welcoming and recognizing Reverend Brooklyn’s business and educational commu- Wednesday, May 13, 2009 Charles E. Smith, who just gave the opening nities. prayer before Congress this 13th day of May, Madam Speaker, I urge my colleagues to Mr. KILDEE. Madam Speaker, I rise today 2009. Reverend Smith is the Pastor at Berea join me in paying tribute to Steven L. to honor Mark Hawkins as he retires from the Baptist Church in Forest Hill, Texas. He is Zelkowitz. General Motors Truck Assembly plant after 37 joined today by his wife Gloria, his children, f years of service. Mark was the Shop Chair- and several members of his family and church man of UAW Local 598 for the past 20 years congregation. REMEMBERING THE QUARTER- and a member of the UAW Local 598 bar- Reverend Smith is a native of Texas and a BACK FOR FREEDOM, JACK gaining committee for the past 31 years. A longtime resident of Fort Worth, where he and KEMP celebration will be held on May 15 to recog- his wife live with their six children. A graduate nize his achievements and life. of the Southern Bible Institute and of the Uni- HON. CHARLES B. RANGEL A graduate of Beecher High School, Mark versity of Texas at Arlington, Reverend Smith OF NEW YORK has worked tirelessly to advocate on behalf of has served as a spiritual foundation in his IN THE HOUSE OF REPRESENTATIVES the employees of General Motors. His skill as community for over 25 years. a negotiator has earned him the respect of Madam Speaker, I commend Reverend Wednesday, May 13, 2009 GM Management, UAW Local 598 member- Smith for his long-standing service to Fort Mr. RANGEL. Madam Speaker, I rise today ship and the UAW international leadership. Worth and to the members of his congregation in somber remembrance of Jack Kemp, who The National Bargaining Committee elected whom he has so capably served. It is my on and off the field, played his position with him to chair the National Negotiations in 1993, pleasure to have Reverend Smith here today, sure hands and a compassionate heart. That 1996 and 2003. Mark negotiated a Living and an honor to represent him in the 26th position—as I called it—was Quarterback for Agreement between UAW Local 598 and GM Congressional District of Texas. Freedom, a role he assumed effortlessly and

VerDate Nov 24 2008 04:24 May 14, 2009 Jkt 079060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A13MY8.006 E13MYPT1 smartinez on PROD1PC64 with REMARKS May 13, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E1135 selflessly throughout the span of his career. TRIBUTE TO RICHARD SCOTT emplary Reading Program Award based on He was a conservative through and through, ALDEN, JR. the priority of literacy in the curriculum. of that there was no question, but he pos- Willow Road Elementary School promotes sessed a great sense of empathy and commu- HON. KEN CALVERT literacy and focuses on improving the students nity, of respect and a fondness for diversity OF CALIFORNIA reading, writing, listening and speaking, devot- that uniquely set him apart. The story goes IN THE HOUSE OF REPRESENTATIVES ing a large chunk of the school day towards that his time on the football field enamored reading. As a result, the school has been a fi- Wednesday, May 13, 2009 him of his Black colleagues and etched into nalist for the State award for the last two his mind how repugnant inequality and dis- Mr. CALVERT. Madam Speaker, Riverside years before finally winning the honor this crimination could be. has been fortunate to have dynamic and dedi- year. cated community leaders who willingly and un- As a member of the House Committee on That experience undoubtedly moved him. selfishly give their time and talent and make Education and Labor, I understand the impor- But it is my belief that such reverence for the their communities a better place to live and tance of literacy and recognize the benefits of dignity of man—regardless of skin color, race, work. I rise today to recognize and honor one encouraging our students to start reading at or ethnicity—came innately and naturally to of those individuals: Richard Scott Alden, Jr. an early age. The future of this country is its him. For Jack, ‘‘compassionate’’ was not a On Friday, May 1, 2009, Scott passed away children; however, their success would not be buzz word placed in front of ‘‘conservative’’ peacefully at his home after a battle with can- possible without the work of the teachers and without thought or care. He lived, embodied, cer. He will be deeply missed. administrators who dedicate their lives to their and applied compassionate activism to his im- Scott was born April 16, 1953 in Pasadena, students. The teachers and staff of the Willow pressive life’s work, a work outmatched only California. He graduated from Riverside Poly Road Elementary School are the back-bone of by his intensity of spirit and undeniable High School in 1971 and received a football the reading program and I thank them for all warmth. scholarship to Arizona State University. While that they do on a daily basis. ‘‘Civility cannot return to our country unless Scott was a Sun Devil, his team won 51 Madam Speaker, it is with pride and admira- every person feels that they have an equal games, four Western Athletic Conference tion I offer my congratulations and best wishes shot at the American dream,’’ he once said. Championships and four Fiesta Bowls. to the Willow Road Elementary School. ‘‘How in the name of American democracy can Scott was a devoted Christian and was f we say to eastern Europe that democratic ‘‘born again’’ through Christ September, 1975. capitalism will work there, if we can’t make it He graduated from ASU with a degree in Busi- COMMENDING THE EFFORTS OF work in East L.A., or East Harlem, or East ness Administration in June, 1976 and married ADAM LAMBERT Palo Alto, California? How can we tell South Ann Stiles later that year. After graduation, Africa and the new Mandela government that Scott began work with his father, Dick Alden, HON. BRIAN P. BILBRAY democracy and private property and limited founder of Empire Oil Company, now Western OF CALIFORNIA government and the rule of law and civility will Refining-Wholesale, as General Manager, and IN THE HOUSE OF REPRESENTATIVES work there, if it’s not working in our own back- in 1990 was advanced to President. Wednesday, May 13, 2009 yard here at home or the South Bronx? How Scott was active in Harvest Men’s Bible Fel- can America go into the next century and lowship, Alliance Petroleum Corporation and Mr. BILBRAY. Madam Speaker, today I rise leave so many people behind?’’ served as Chairman of the Advisory Board for to commend my constituent Adam Lambert for The Salvation Army. his amazing journey on Season 8 of Fox’s Jack was not an ideologue or political lec- Scott was predeceased by his daughter, American Idol. Every week Adam has enter- turer. He emerged as a statesman instead, far Jennifer. Survived by his wife, Ann Alden; tained the American public with his artistic ren- more committed to improving the lot of the daughter, Elizabeth Alden of Newport Beach; ditions of American classics, from Johnny American people than scoring cheap points in son, David Alden of Long Beach; parents, Cash’s ‘‘Ring of Fire’’ to Led Zepplin’s ‘‘Whole some political game. While we disagreed on Richard Alden of Riverside, and David and Lotta Love.’’ His performances are inspiring some of the issues, most notably his enthu- Nina Mitchell of Riverside; sister, Michelle young people everywhere to work hard, aim siasm for the Reagan tax cuts, we were in ab- Fisher of Aliso Viejo; and brother, Eric Alden high and follow their dreams. solute lockstep in our commitment to rebuild- of Huntington Beach. With still two more weeks of the competition ing our cities, particularly in terms of housing On May 8, 2009, a memorial service cele- to go, I join with the people of San Diego, and economic development. As Housing and brating Scott’s life will be held at Harvest California to wish Adam the best of luck. As Urban Development secretary, Jack met with Christian Fellowship. Scott will always be re- one of Adam’s favorite artists, Lenny Kravitz minority groups, championed public housing, membered for his incredible faith, giving spirit, once said: ‘‘I just need to know that I did the and worked with members like myself, who sat and sense of humor. His dedication to his very best I could and that I was true to my- across the aisle, on issues such as revitalizing family, church and community are a testament self.’’ Adam, we will be rooting for you and inner-city neighborhoods through empower- to a life lived well and a legacy that will con- looking forward to your next unique and cre- ment zones. He served on the Howard Univer- tinue. I extend my condolences to Scott’s fam- ative performance. sity Board of Directors for 14 years, lending ily and friends; although Scott may be gone, f his support to President Swygert and the the light and goodness he brought to the world DELIBERATIVE—ATTORNEY school, including significant personal financial remain and will never be forgotten. CLIENT PRIVILEGE contributions. f When he ran for vice president, Jack cam- HONORING WILLOW ROAD paigned in Harlem, a visit billed as the first HON. MARSHA BLACKBURN ELEMENTARY SCHOOL from a Republican candidate for president in OF TENNESSEE at least half a century. Many expected rau- IN THE HOUSE OF REPRESENTATIVES cous demonstrations from the residents in my HON. CAROLYN McCARTHY Wednesday, May 13, 2009 OF NEW YORK community—more because of the ‘‘R’’ before Mrs. BLACKBURN. Madam Speaker, I IN THE HOUSE OF REPRESENTATIVES his name than because they knew much about would like to submit the following memo- Jack Kemp to begin with. No such exchange Wednesday, May 13, 2009 randum: occurred. I warmly greeted Jack at the local Mrs. McCARTHY of New York. Madam DISCUSSION OF SCIENTIFIC SUPPORT AND restaurant named Sylvia’s and we traded Speaker, I rise today tb recognize the stu- ANALYSIS good-natured barbs: He told me that in a Bob dents, faculty and staff of the Willow Road El- The NPRM fails to articulate the process Dole Administration, I would be drug czar; I re- ementary School and congratulate them upon by which the Administrator came to the con- sponded that in a Bill Clinton Administration, I being honored with the Exemplary Reading clusion on p. 30, line 41–46: ‘‘The Adminis- would be Chairman of the Ways and Means Program Award from the International Reading trator believes that the scientific findings in Committee. totality point to compelling evidence of Association. human-induced climate change, and that se- Jack was a veritable hero and inspiration. It Every year, the International Reading Asso- rious risks and potential impacts to public is in that light that we remember him today; in ciation recognizes outstanding reading and health and welfare have been clearly identi- awe of his dedication to accomplishment, in language arts programs at all grade levels. fied, even if they cannot always be quan- reverence of his conviction. One school from each State is given the Ex- tified with confidence. The Administrator’s

VerDate Nov 24 2008 04:24 May 14, 2009 Jkt 079060 PO 00000 Frm 00005 Fmt 0626 Sfmt 0634 E:\CR\FM\A13MY8.011 E13MYPT1 smartinez on PROD1PC64 with REMARKS E1136 CONGRESSIONAL RECORD — Extensions of Remarks May 13, 2009 proposed endangerment finding is based on tablish the nature and extent of the adverse of the TSD. Further, there should be a con- weighing the scientific evidence, considering public health and welfare impacts are almost sideration of the fertilizing effect of CO2, the uncertainties, and balancing any benefits exclusively from non-EPA sources, and (3) which may overwhelm the negative impact to human health, society, or the environ- applying a dramatically expanded pre- of additional hot days on agricultural yields ment that may also occur.’’ cautionary principle. If EPA goes forward in some regions of the US. In other regions, The finding document remains very sepa- with a finding of endangerment for all 6 the net effect is likely to be negative. rate from the TSD, with only occasional ref- GHGs, it could be establishing a relaxed and AGENCY COMPLIANCE WITH OTHER erences to the IPCC or particular CCSP re- expansive new standard for endangerment. ENVIRONMENTAL MANDATES port findings, and it is up to the reader’s in- Subsequently, EPA would be petitioned to There is some concern that an terpretation of the TSD to determine how find endangerment and regulate many other endangerment finding, and some of the lan- the evidence has been weighed to arrive at ‘‘pollutants’’ for the sake of the pre- guage used to support the finding, will make the conclusions above. The finding rests cautionary principle (e.g., electromagnetic it more difficult to comply with NEPA and heavily on the precautionary principle, but fields, perchlorates, endocrine disruptors, other environmental planning statutes. the amount of acknowledged lack of under- and noise). This finding and the associated emission standing about basic facts surrounding GHGs ENDANGERMENT WITHOUT CONSIDERATION OF standards for these six greenhouse gases may seem to stretch the precautionary principle REGULATORY CONSEQUENCES make it much more expensive and difficult to providing for regulation in the face of un- EPA should explain whether it considered to develop other air quality standards precedented uncertainty. (The TSD notes a finding that methane and the other four (NAAQS in particular). For example, EPA several areas where essential behaviors of non-CO2 GHGs do in fact contribute to cli- has recently asked BLM to use models that GHGs are ‘‘not well determined’’ and ‘‘not mate change, based on their higher warming sometimes exceed current budgets in devel- well understood’’ (e.g., why have U.S. meth- potential, but that overriding policy con- oping resource management plans and envi- ane levels decreased recently?).) This could cerns make such a finding infeasible con- ronmental impact statements. Also, there be remedied by expanding the discussion on cerning CO2. Because methane and the other are currently no models available that fore- pp. 25–31 to articulate more clearly how the four non–CO2 GHGs are either already regu- cast the potential impacts of greenhouse Administrator weighed the scientific evi- lated under the CAA or are functionally gases on climate change at the regional or dence related to each impact or how/whether equivalent to pollutants typically regulated local level, which are the levels at which our she gave more or less weight to particular under the CAA, an endangerment finding for decisions are made. This rule also could impacts for either the public health or the these GHGs would be relatively routine. Be- make findings that would leave agencies vul- welfare finding and how she weighed uncer- cause GHGs are understood to be long-lived, nerable to litigation alleging ‘‘inadequate tainty in her deliberations. well-mixed in the atmosphere, and generated NEPA’’ due to new information (i.e., the For example, the NPRM and TSD outline by many nations around the globe, the most endangerment finding) that was not consid- the following 5 human health effects from analogous regulatory approach for control- ered when the EIS was developed. Without a climate change: temperature effects, air ling GHGs would seem to be Title VI of the model available, an agency would be left quality changes, extreme events, climate CAA. EPA’s relevant experience with con- with little ability to respond because (i) sensitive diseases and aeroallergens. It is un- trolling ozone-depleting substances should there are no standards to serve as thresholds, clear whether temperature effects will result inform its decisions on an approach to regu- (ii) there are no tools to analyze impacts, in net mortality increases or decreases and lating GHGs. and (iii) the cost of analyzing impacts could the scientific literature does not provide de- In contrast, an endangerment finding be exorbitant. finitive data or conclusions about under section 202 may not be the most appro- Unnecessarily broad or expansive language aeroallergen impacts. Further, the impact of priate approach for regulating GHGs. Mak- with respect to the effects of GHGs or the climate sensitive diseases may be minimal in ing the decision to regulate CO2 under the certainty with which effects will occur could a rich country like the US. Hence, it seems CAA for the first time is likely to have seri- create a basis for finding all GHG emissions that the Administrator’s public health ous economic consequences for regulated en- significant for purposes of NEPA analysis, endangerment conclusion is based on the tities throughout the U.S. economy, includ- thus requiring an EIS for all direct and indi- other two impacts, with the most significant ing small businesses and small communities. rect effects that change GHG emissions in health risks being posed by air quality Should EPA later extend this finding to sta- any amount. Similarly, EPA should be very changes. If so, the discussion here should tionary sources, small businesses and insti- careful to state which effects are significant state this explicitly. Further, the argument tutions would be subject to costly regulatory and their scale to avoid unintentionally trig- for why the increases in ozone from climate programs such as New Source Review. ger NEPA for Federal actions not otherwise change pose a health impact could be fleshed THE ROLE OF MITIGATION, ADAPTATION, AND/OR considered to have environmental impacts. out more thoroughly (p. 27, line 34–39). Since BENEFITS OF CLIMATE CHANGE FOUR CHEMICALS V. SIX CHEMICALS tropospheric ozone is already regulated To the extent that climate change alters EPA proposes to make an endangerment under the Clean Air Act, EPA should explain our environment, it will create incentives for finding on six directly emitted and long- why those regulations are inadequate to pro- innovation and adaptation that mitigate the lived GHGs—carbon dioxide, methane, ni- tect public health from the ozone impacts of damages from climate change. The document trous oxide, hydrofluorocarbons, climate change. In addition, the finding could be strength- should note this possibility and how it af- perfluorocarbons and sulfur hexafluoride, ened by including additional information on fects the likely impacts of climate change. treated as a group as an air pollutant. The benefits, costs, and risks (where this infor- For example, climate change is likely to un- proposal, however, defines the terms ‘‘air mation exists); meeting appropriate stand- fold slowly and people may migrate from hot pollution’’ and ‘‘air pollutant’’ for purposes ards for peer review; and accepted research regions (e.g., Arizona) to more temperate re- of section 202(a) as the six GHGs, two of protocols. Some issues to cover that would gions (e.g., Minnesota) and this would miti- which are not addressed in the underlying address costs, benefits, and risks include the gate the adverse impacts on health (although petition and which EPA recognizes are not following: people would incur migration costs). Fur- emitted by new motor vehicles or motor ve- Methodology or methodologies used for ther, climate change is likely to lead to in- hicle engines, and on page two, this action is weighing risks and various outcomes and the novation that mitigates the ozone related characterized as a ‘‘response’’ to the Su- risks associated with each; health impacts; it seems reasonable to as- preme Court’s decision in Massachusetts v. Confidence intervals related to model re- sume that in the absence of regulation of EPA, 549 U.S. 497 (2007), which arose from a sults at the regional and local scales; GHS, new medicines that lessen the health petition with respect to the four GHGs. Al- Underlying assumptions of findings, publi- impacts of ozone will be developed. More- though the latter two GHGs have similar cations on which the findings are based, and over, advances in technology and the devel- characteristics and are addressed in UN doc- ‘‘business-as-usual’’ scenarios; opment of public health programs (e.g., cool- uments, it is not clear why they are included Quality and homogeneity of temperature ing centers) are likely to lessen the negative in the endangerment and ‘‘cause or con- data from surface networks that may affect welfare impacts of heat waves. tribute’’ findings. While it appears that sec- estimates of past temperature trends, and Similarly, the document would appear tion 202(a) provides sufficiently broad au- calibration and verification of models; more balanced if it also highlighted whether thority for EPA to do so and the draft ex- Impacts of climate change on the value of particular regions of the US would benefit, plains this decision as based on the uniform, net economic benefits. and to what extent these positive impacts global nature of GHG ambient concentra- The Finding should also acknowledge that would mitigate negative impacts elsewhere tions, a seemingly simpler regulatory action EPA has not undertaken a systematic risk in the United States. For example, it might might be to base the definition of ‘‘air pollu- analysis or cost-benefit analysis. In the ab- be reasonable to conclude that Alaska will tion’’ or ‘‘air pollutant’’ on the four GHGs sence of a strong statement of the standards benefit from warmer winters for both health emitted by new motor vehicles or motor ve- being applied in this decision, there is a con- and economic reasons. Deschenes and hicle engines. cern that EPA is making a finding based on Moretti (2007 Review of Economics and Sta- This raises the question of the extent to (1) ‘‘harm’’ from substances that have no tistics) demonstrate that extremely cold which EPA intends or does not intend this demonstrated direct health effects, such as days are more dangerous to human health finding to extend beyond section 202 to the respiratory or toxic effects, (2) available sci- than extremely hot days. Please add this same terms used in other key parts of the entific data that purports to conclusively es- paper to the literature review in Section 7(a) CAA, e.g., section 101(a) (general findings

VerDate Nov 24 2008 04:24 May 14, 2009 Jkt 079060 PO 00000 Frm 00006 Fmt 0626 Sfmt 0634 E:\CR\FM\A13MY8.015 E13MYPT1 smartinez on PROD1PC64 with REMARKS May 13, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E1137 and purpose), section 108 (National Ambient both are precursors to the formation of tro- collective or individual approach could be Air Quality Standards), and section 111(b) pospheric ozone (i.e., urban smog), and both valid and would reach similar results, see (New Source Performance Standards). EPA are mitigated through a combination of fuel page 34, the agency never really says ex- would benefit from making its position ex- improvements. In fact, current catalytic pressly whether or not it is soliciting com- plicit in this proposal. Commenters are sure converters operate by converting HC, CO, ment on these issues and whether it would be to take this important issue on in some fash- and NOX into CH4, N2O, and CO2 (and water)— open to considering a pollutant-by-pollut- ion so EPA may as well do what it can to combustion process changes, and emissions ant-based approach for the final rule. We rec- shape the debate and the comments being in- aftertreatment. Considering that mobile ommend that this be made explicit. vited. For example, it could note that the source CO2, CH4, N2O, and HFC emissions are COMMENT SOLICITATION same terms are important parts of other key even more distinct from one another than EPA limits solicitation of comment on the CAA provisions, but then state that EPA at are mobile source NHMC and NOX emissions, proposal to the simple statements on page this time is only addressing and seeking and that EPA classifies NMHC and NOX as six to the effect that it seeks comment on all comment on issues directly associated with separate pollutants, EPA should classify aspects of this action (data, methodology, section 202. Alternatively, it could state that these as separate pollutants or, alter- and major legal and policy considerations). it views these findings as to GHGs to be natively, classify CO2 as one pollutant, clas- While this is efficient and legally sufficient, broadly applicable to the Act as a whole, but sify CH4 and N2O as another pollutant the agency may want to highlight a few key nonetheless make clear that EPA is not in (class), and classify HFCs as a third pollut- areas in which comment would be most use- this rulemaking attempting to consider or ant (class). ful. The first two issues that we’ve identified address any of the other regulatory findings ACCOUNTING FOR THE GLOBAL NATURE OF above might be worthy of an express request that would be necessary to trigger GHG reg- GREENHOUSE GAS POLLUTION IN THE FINDINGS for comment. EPA may also need to clarify ulation under other CAA programs. A third In this draft proposal, EPA finds under the relationship between comment on this option would be to invite comment on Clean Air Act (CAA) section 202(a) that (1) proposal and the July 30, 2008 Advance No- whether interested parties believed there ‘‘air pollution’’ in the form of the global mix tice of Proposed Rulemaking on Greenhouse was any basis for distinguishing the under- of six greenhouse gases (or the GHGs) may be Gas Emissions (ANPR). In footnote 11, EPA standing of the terms in the section 202 con- reasonably anticipated to endanger public indicates that it is responding to a few key text from the understanding of the terms in health and welfare (the endangerment find- comments from the ANPRM in this proposal other parts of the Act. ing); and (2) emissions of an ‘‘air pollutant’’ related to the endangerment and contribu- EPA fails to make a case of why the six in the form of the global mix of the GHGs tion findings and asks commenters to ‘‘sub- GHGs should be treated as a single pollutant from new motor vehicles or motor vehicle mit to the docket for today’s action any and why all six should be treated as a group. engines cause or contribute to that air pollu- comments they want EPA to consider as it Treating the gases as a group yields the in- tion (the contribution finding). The agency makes a decision on this proposed deter- defensible result that emissions of PFCs, SF6 characterizes the ‘‘global’’ nature of the mination.’’ We recommend that EPA move and HFCs other than HFC–134a from motor GHG emissions and concentrations (page 16), the footnote 11 discussion up to the main vehicles are asserted to ‘‘cause or contribute: notes the effects of GHG emissions globally body of the proposal at page 6 and explicitly to air pollution, when there are no such in making the endangerment finding (page state that commenters may not rely on prior emissions from motor vehicles. Further, 29), and assesses the contribution of the submission of comments to the ANPR and EPA states that: ‘‘Depending on the cir- GHGs emitted by section 202(a) sources as a that if parties wish EPA to consider com- cumstances . . . it may be appropriate to set percentage of global emissions (page 36). ments made in response to the ANPR or standards for individual gases [of the 6], or The proposal appears to assume, but does other rulemakings, they should re-submit some combination of group and individual not explicitly discuss why (or solicit com- those comments here with an appropriate ex- standards.’’ EPA asserts that these regu- ment on whether) these are relevant legal in- planation as to how the commenter believes latory flexibilities would exist whether or quiries under section 202(a) the Clean Air those comments relate to issues raised in not greenhouse gases are treated as multiple Act. This is virtually certain to be a subject this proposal. We can imagine a party trying pollutants or as individual pollutants. [See of public comment; and we recommend that to make out a challenge to this discussion on page 32–33.] EPA directly address this matter in the pro- endangerment finding based on arguments These greenhouse gases differ significantly posal. EPA also factors international consid- that were raised entirely or primarily in in terms of physical properties, formation erations into the endangerment and con- comments submitted in response to the mechanisms, and possible mitigation tech- tribution findings differently. On page 29, the ANPR, not this proposal (a prospect that is niques. agency states: ‘‘The Administrator judges somewhat more likely due to the fact that Mobile source CO2 is formed by burning that impacts to public health and welfare oc- EPA in various places discusses comments fossil fuels. Virtually all of the carbon in the curring within the U.S. alone warrant her made in response to the ANPR). fuel is converted to CO2. The more efficient proposed endangerment finding.’’ On page 36, AGRICULTURAL PRODUCTION the combustion process, the more complete however, EPA bases its finding on the ‘‘sig- The proposed Finding erroneously suggests the conversion to CO2. Unlike for traditional nificance’’ of the GHG emissions from sec- that Intergovernmental Panel on Climate criteria pollutants (e.g., NMHC, CO, NOX), tion 202(a) sources for purposes of the con- which can be converted to other substances Change (IPCC) predicts an increase in both tribution finding in part on their global con- crop and forest production in the U.S. (e.g., through emissions aftertreatment (i.e., cata- tribution: It is the Administrator’s judgment lytic converters), no mobile aftertreatment pg. 28 lines 21 and 34 of the Proposed Finding, that the collective GHG emissions from sec- pg. 80 line 26, page 87 line 9). The IPCC find- device can convert CO2 to something that tion 202(a) source categories are significant, does not contribute to global warming. ings refer to North America, not the U.S. whether the comparison is global (over 4 per- The Synthesis and Assessment Product 4.3 Therefore, mobile source CO2 emissions can cent of total GHG emissions) or domestic (24 (SAP 4.3) ‘‘The Effects of Climate Change on only be reduced by burning less fossil fuel, percent of total GHG emissions). The Admin- either by improving fuel economy or con- Agriculture, Land Resources, Water Re- istrator believes that consideration of the sources, and Biodiversity in the United verting to less carbon-intensive fuels. global context is important for the cause or Mobile source CH and N O emissions are States’’ (U.S. Climate Change Science Pro- 4 2 contribute test but that the analysis should by-products of fossil fuel combustion. How- gram/Backlund et al. 2008), which includes not solely consider the global context. ever, burning less fossil fuel does not nec- more recent and more geographically-spe- It is unclear from the proposal why a dif- cific publications, tempered IPCC’s findings essarily mean reducing CH4 and N2O emis- ference in treatment of the two findings is substantially, citing water limitations, sions. For example, using methane (CH4) necessary or appropriate. Because the Ad- northward progression of production zones, rather than petroleum could increase CH4 ministrator regards the domestic contribu- diminished grain set period, pest infesta- emissions tion comparison in itself to be significant, it Mobile source HFC emissions arise from tions, nutrient limitations, air pollution, may be simpler (and less open to challenge) releases of HFC refrigerants from mobile air and wildfire, among other dampening factors to base the contribution finding solely on do- conditioners. Therefore, mobile source HFC to production in agriculture and forestry in mestic considerations. (This would not fore- emissions can only be reduced by using dif- the U.S. Significant increases in production close a discussion of global contribution, ferent refrigerants and/or ‘‘hardening’’ mo- may be possible within North America as a provided, as requested above, it is made clear bile air conditioners to reduce the potential whole, but are unlikely within the U.S. how relevant this is under section 202(a)). for refrigerant leaks. itself. GROUP VERSUS INDIVIDUAL APPROACH TO ‘‘AIR Mobile source CO2, CH4, N2O, and HFC The Findings document should be cor- emissions not only have different global POLLUTANT’’ rected to reflect that IPCC is referring to warning potentials, they remain in the at- On page 32, EPA proposes to designate the North America rather than the U.S. More mosphere for different amounts of time and six GHGs, collectively, as the ‘‘air pollut- importantly, the Findings document should are removed from the atmosphere by dif- ant’’ for which the endangerment finding is be revised to accurately reflect the discus- ferent mechanisms. being made. The proposal, however, then sion in the Technical Support Document In contrast to EPA’s citation of Class I and goes on at pages 33–40 to analyze the con- (TSD). In addition, the placement of the Class II substances under Title VI, under tribution issue both as to the six GHGs col- IPCC prediction near the beginning of each Title II, EPA treats mobile source NHMC lectively, and as to each individually. Al- section in the absence of any summarization and NOX as separate pollutants, even though though EPA hints that it believes either a gives the impression that large production

VerDate Nov 24 2008 04:24 May 14, 2009 Jkt 079060 PO 00000 Frm 00007 Fmt 0626 Sfmt 0634 E:\CR\FM\A13MY8.016 E13MYPT1 smartinez on PROD1PC64 with REMARKS E1138 CONGRESSIONAL RECORD — Extensions of Remarks May 13, 2009 increases are conclusive. This overrides the rectly, the writer summarizes part of his mes- they will have plenty of opportunities to very salient and far more equivocal discus- sage as follows: ‘‘While Republicans might not stand in opposition to Democrats. sion which follows, leaving readers with the be able to get their own ideas enacted, he ‘‘You’re not going to get what you want, mistaken impression that climate change is went on, they could at least stop Democrats but you can kill what they’re trying to do,’’ a boon to U.S. agriculture and forestry. A he said. from achieving the political victory created by summary statement which more accurately Republicans need to start defining specific reflects the content of the technical discus- a successful revision of the healthcare sys- words on favorable terms in order to win, he sions should be composed to lead each sec- tem.’’ said, specifically pointing out President tion. Note, Madam Speaker, that these words are Obama’s promises of a high-quality health EMISSIONS FROM THE COMBUSTION OF DIF- not directly attributed to Mr. Luntz, but I have care system. And they need to make sure FERENT FUELS VS. EMISSIONS FROM DIF- no reason to think that Mr. Armstrong in any that voters think ‘‘quality’’ means getting FERENT MOBILE SOURCE CATEGORIES way distorted the essence of Mr. Luntz’s mes- the health care they want whenever they Mobile source CO2 is formed by burning sage in his summary. And later in the article, want it. fossil fuels. Virtually all of the carbon in the in a direct quote, describing the words that ‘‘Don’t let them define it. If you define it fuel is converted to CO . Therefore, and con- 2 Republicans should use in carrying on their ef- this way, they can’t do well,’’ he said of sidering that CO2 remains in the atmosphere Democrats. ‘‘They can’t provide that treat- for a long time, national aggregate consump- fort to stop the Democrats from a successful ment. They can’t provide that health care.’’ tion of different types of fuels provides the health care policy, Mr. Luntz is directly quoted FROM ‘‘PRIVATE’’ TO ‘‘PATIENTS’’ most accurate basis for estimating CO2 emis- as saying ‘‘I could care less about matching sions. IPCC guidelines for national reporting the words to the policies . . .’’ Much of Luntz’s presentation was an at- of GHG emissions account for this fact, and Madam Speaker, obviously Republican tempt to correct the way Republicans talk EIA and EPA both use fuel consumption— Members of the Congress are free to accept with voters about health care. He urged them to stop using economic terminology not vehicle sales and fuel economy—as a or reject Mr. Luntz’s partisanship of the wrong basis for estimating and reporting CO2 emis- like ‘‘free market’’ and ‘‘private’’ and to talk sions. According to the IPCC (emphasis sort, but it does seem to be relevant that he instead about ‘‘doctors,’’ ‘‘nurses’’ and ‘‘pa- was invited to address a Republican gathering added), ‘‘Emissions of CO2 are best cal- tients.’’ culated on the basis of the amount and type and was, according to the article, warmly re- ‘‘If you use the phrase ‘‘private health in- of fuel combusted (taken to be equal to the fuel ceived by many. For example, the gentleman surance market competition,’’ you deserve sold, see section 3.2.1.3) and its carbon con- from California, Mr. ISSA, is quoted as saying to be down to 160 seats in the House, because tent.’’2 ‘‘We look to him for how do we express the nobody understands that language,’’ Luntz Such reporting addresses petroleum con- said. sumption in the aggregate and for different things that we believe in ways that are effec- tive.’’ He also had advice for choosing the photos petroleum-based fuels, such as shown below in mailers sent to constituents: ‘‘Get pic- from EIA (http://www.eia.doe.gov/oiaf/1605/ Madam Speaker, the notion that a signifi- cant number of Republicans would have as tures of seniors that look like they make ggrpt/carbon.html): 2 http://www.ipcc- apple pie every day forever, and the children ggip.iges.or.jp/public/2006gl/pdf/2lVolume2/ their central purpose in the healthcare debate who look so angelic that it just makes you V2l3lCh3lMobilelCombustion.pdf, p. 3–10. not adopting a policy or even modifying one, feel compassionate, which I know is some- GENERAL EDITORIAL ISSUES but rather simply preventing the Democrats times tough for people in this room,’’ he ‘‘New Motor Vehicle or Motor Engine’’ from being successful in meeting the nation’s said. Reference. The draft sometimes simply re- healthcare needs, is sufficiently disturbing that And he called on Republicans, when de- fers to emissions from ‘‘motor vehicles’’ I believe this article should be reprinted here scribing the consequences of the Democratic rather than emissions from ‘‘new motor ve- so that people can fully understand the dimen- proposals, to use language that would scare hicles or motor vehicle engines.’’ (The draft voters. could indicate initially that the term sions of the debate in which we now find our- selves. ‘‘What’s the word that people are afraid ‘‘motor vehicle’’ is intended to refer to both of?’’ Luntz said. ‘‘Deny.’’ of these.) Statements regarding consider- [From CQ Today, May 6, 2009] ‘‘The idea that a doctor or a hospital would ation of current and near-term emissions LUNTZ SHAPES GOP MESSAGES ON HEALTH deny care that they need is what frightens [page 35], and cumulative emissions [page 17] CARE them the most about a Washington take- appear to be inconsistent, and should be (By Drew Armstrong) over,’’ he said. clarified. EPA clearly intends that the defi- nition of the ‘‘air pollutant’’ emitted by new Republican message guru Frank Luntz is Luntz came to the presentation with poll- motor vehicle or motor engine sources to be back—this time to help Republicans try to ing data, all done in the last few months, to the six GHGs. In several places, however, the win the war of words as they battle Demo- back him up. proposal appears to describe the four GHGs crats on overhauling health care. ‘‘Each of these words has been carefully emitted by new motor vehicles or motor ve- Speaking at a closed-door session with chosen. This is not random, this is not gut. hicle engines as the ‘‘air pollutant.’’ See, House Republicans on Wednesday, Luntz said I could care less about matching the words e.g., pages 1 (lines 36–37), 2 (lines 24–27), and the GOP needs to get away from ‘‘markets’’ to the policies, I have no investment in the 36 (lines 34–37). and focus on ‘‘patients.’’ And while Repub- words—except that these are the words that licans might not be able to get their own the American people want,’’ he said. f ideas enacted, he went on, they could at Luntz, who helped craft Republican mes- THE WRONG KIND OF least stop Democrats from achieving the po- sages through the 1990s, was a fixture in PARTISANSHIP litical victory created by a successful revi- Washington GOP circles until 2005, when he sion of the health care system. left for Hollywood after an alleged falling- For example, he said, the GOP should out with House Republican leader John A. HON. BARNEY FRANK throw private health insurance companies Boehner of Ohio. under the bus. OF MASSACHUSETTS He returned to Capitol Hill Wednesday, at ‘‘For 10 years we were carrying the water IN THE HOUSE OF REPRESENTATIVES the invitation of the House Republican Con- of the insurance companies because they ference, to try to focus the message on Wednesday, May 13, 2009 were backing us on health care,’’ he said. health care. Mr. FRANK of Massachusetts. Madam ‘‘Well, they’re not anymore. They’ve sold Gathered in a meeting room of the Cannon Speaker, I have long believed that people who out, so now you can go right back at them, because the American people blame the in- House Office Building, lawmakers and aides denounce partisanship in general fail to under- applauded as Luntz was introduced. ‘‘Wel- stand the role that responsible political parties surance companies more than almost any- body else for why health care is such a mess come home!’’ shouted one attendee. can and must play in a functioning democracy. in this country right now. So you don’t have ‘‘We’ve reached out to Frank,’’ said House But there are cases when partisanship gets a to be nice to them at all.’’ Republican Conference Chairman Mike bad name because of the kind of advocacy it A detailed account of the presentation was Pence, R–Ind. ‘‘I would say, enthusiastically, receives, and those of us who believe that given to Congressional Quarterly by multiple Frank is back.’’ partisanship can be a constructive force have people who attended the session. Republicans who attended the meeting said an obligation to dissociate ourselves from this. Luntz, the author of the book ‘‘Words That they were glad to have him back. ‘‘We look The most recent example of this I have Work,’’ about the political effect of specific to him for how do we express the things that we believe in ways that are effective,’’ said seen was reported in CQ Today on Thursday, phrases and words, offered Republicans a de- tailed presentation on what language to use Darrell Issa, R–Calif. May 7, in the article on the front page head- when talking about health care and how to ‘‘He told us to stop talking like a bunch of lined ‘‘Luntz Shapes GOP Messages on attack Democratic proposals, along with a wonks and politicians and start talking like Health Care.’’ long list of ‘‘don’ts.’’ people,’’ said Michael C. Burgess, R–Texas, In the article, which summarizes Mr. Luntz’s Republicans will get little chance to who has become a prominent voice on health message and in some cases quotes him di- present their own vision, Luntz warned, but care issues.

VerDate Nov 24 2008 04:24 May 14, 2009 Jkt 079060 PO 00000 Frm 00008 Fmt 0626 Sfmt 0634 E:\CR\FM\A13MY8.017 E13MYPT1 smartinez on PROD1PC64 with REMARKS May 13, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E1139 RECOMMENDING A CHANGE IN ‘‘TONE’’ IN HONOR OF GEORGE AND IN RECOGNITION OF MR. B.S. At times, Luntz badgered the members, ROSEMARY ESSEFF TURNER castigating them for their failures of polit- ical acumen—and for the ringtones on their HON. ELTON GALLEGLY HON. MIKE ROGERS cell phones. OF CALIFORNIA OF ALABAMA At one point, he was clearly angry over IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES leaks to the media earlier in the day that de- scribed parts of his presentation. When an Wednesday, May 13, 2009 Wednesday, May 13, 2009 audience member asked if Luntz would e- Mr. GALLEGLY. Madam Speaker, I rise to Mr. ROGERS of Alabama. Madam Speaker, mail the slides he was using, he fired back, honor George and Rosemary Esseff: entre- I respectfully request the attention of the ‘‘I will forward you the PowerPoint so that preneurs, philanthropists, American patriots way I can then read it in some newspaper House today to pay recognition to an impor- and world citizens. tant day in the life of a constituent of mine, Mr. two days from now. What the hell?’’ George and Rosemary are being honored And as Luntz urged members to focus on B.S. Turner. this week by Many Mansions, a nonprofit or- In June of 1969, Mr. Turner started a small healthy lifestyles and wellness, Louie ganization in my district that has been pro- Gohmert, R–Texas, piped up: ‘‘I don’t want car dealership based on years of experience viding hope, homes, and life-enriching serv- to live that kind of life.’’ in the auto industry. Today, after 40 years of ices to homeless and low-income citizens for ‘‘You don’t want to live that kind of life?’’ business, Pee Wee Turner Motors remains an 30 years. George and Rosemary are among Luntz asked. example of the entrepreneurial spirit that fulfills those who have had a strong and generous ‘‘Yeah, you’re eating your BBQ. Clearly the American dream. you don’t want to live that kind of life,’’ he hand in Many Mansions’ success. I have the privilege of calling George and I would like to congratulate Mr. Turner for went on, to some laughter. reaching this important professional milestone ‘‘Hey, ribs are a food group,’’ an unidenti- Rosemary my friends. George and Rosemary are the epitome of and recognize him for this important entrepre- fied member called out, to which Luntz re- neurial and professional achievement. sponded: ‘‘His ribs could actually get up and the American success story. George began walk out of the office.’’ his career in 1951 as a chemist/metallurgist f When a cell phone belonging to F. James for the U.S. Army Corps of Engineers before WOMEN’S HEALTH INSURANCE Sensenbrenner Jr., R–Wis., started ringing, striking out on his own and going on to be- FAIRNESS ACT OF 2009 Luntz told a young aide that Sensenbrenner come one of the world’s most successful tita- needed to change the ringtone. ‘‘That’s nium entrepreneurs. gonna be your job, when Sensenbrenner Along the way, George and Rosemary have HON. RICHARD E. NEAL comes back in here,’’ Luntz said to the aide, used their wealth to help those in need also OF MASSACHUSETTS though Sensenbrenner had not actually left have the opportunity to become successful. IN THE HOUSE OF REPRESENTATIVES the room—and let Luntz know it. One example is $1 million they donated to Wednesday, May 13, 2009 ‘‘You need to get him a telephone ring for Many Mansions for a housing project several the 21st century,’’ Luntz continued, ‘‘Like Mr. NEAL of Massachusetts. Madam Speak- years ago—only part of their legacy with Many ‘Play that funky music, white boy.’ Some- er, I rise today to introduce legislation that will thing much more interesting.’’ Mansions. George and Rosemary are devout Catholics end practices that obstruct women from attain- ing affordable insurance policies on the indi- f and George’s brother, John, is a monsignor. The family traces their roots to Lebanon. vidual market. The Women’s Health Insurance Act of 2009 would end discrimination against RECOGNIZING NATIONAL POLICE Three years ago, George, Rosemary, John those women looking for health coverage who WEEK AND THE CHARLOTTE and their grandson, Andrew, traveled to Leb- either do not have access to an employee- MECKLENBURG POLICE DEPART- anon to further their humanitarian work, includ- sponsored plan or those who earn too much MENT ing donating equipment to a hospital. Mon- signor Esseff planned to lead a retreat for money to qualify for Medicaid. Recent findings nuns belonging to the Missionaries of Charity, from the Kaiser Family Foundation have HON. SUE WILKINS MYRICK the order founded by Mother Teresa, shown that 5.7 million American women in OF NORTH CAROLINA Then war broke out. It was not the first time 2007 received health insurance on the indi- vidual market. During this difficult economic IN THE HOUSE OF REPRESENTATIVES the Esseffs found themselves in wartime Leb- anon and it only cemented their belief that climate and with unemployment rising, it is be- Wednesday, May 13, 2009 their help is needed and beneficial. coming much more likely that more women will be looking for health coverage through in- Mrs. MYRICK. Madam Speaker, in 1962, One avenue for their philanthropy is The Esseff Foundation, which they founded in dividual insurance markets. Congress passed a resolution recognizing the Unfortunately it is common practice in the week of May 15 as National Police Week. 1979 in memory of his grandfather, George Abdanour Esseff. The Esseff Foundation is a individual market today to charge women high- Today, I want to thank and honor those brave er premiums than men for the identical cov- men and women who daily protect and serve non-political, non-profit organization dedicated to relieving the sufferings of the poor both in erage. Individual market insurers also can limit our neighborhoods, and those who have given coverage due to pregnancy or delivery meth- the ultimate sacrifice in the line of duty. America and around the world. In pursuit of that goal, the foundation fun- ods. This is because individual market insur- I also want to extend a special thanks to the nels its resources to those organizations ers have the ability to deny coverage based Charlotte Mecklenburg Police Department. whose track records demonstrate their abilities on a ‘‘pre-existing condition.’’ For instance, a This week, 20 officers from the CMPD and the to assist and house the homeless, feed and woman who has had a Cesarean section in Mecklenburg County Sheriff’s Office embarked clothe the poor and provide medical care to the past can currently be charged a higher on a 410-mile bike ride to Washington, DC, to those in need. premium, imposed a waiting period, or denied honor the memory of all officers killed in the George takes his politics as seriously as he coverage until she has been sterilized or can line of duty. These dedicated servants started takes business and philanthropy. He spelled no longer bear children. The vast majority of the annual ride in 2007 after CMPD Officers out his beliefs and what it means to be a Re- these policies also do not provide coverage for Jeff Shelton and Sean Clark were killed. Not publican and a patriotic American in an ad ti- maternity care. These conditions exist today only do these officers ride to remember their tled, ‘‘What I Am,’’ that ran in the Washington because there is no federal protection to stop fallen brothers and sisters, but they also raise Post on October 20, 2004. these practices on policies sold in the indi- money for the National Law Enforcement Me- Mr. Speaker, George and Rosemary Esseff vidual market. morial Fund, which commemorates the service mirror the American Dream and have been in- Due to the aforementioned problems, the and sacrifice of law enforcement officers. strumental in helping others pull themselves Women’s Health Insurance Fairness Act of We must never forget that we are kept safe up and realize the Dream for themselves. I 2009 is that much more important. This legis- because of those who take up the charge as know my colleagues will join me in thanking lation will prevent insurers in the individual law enforcement officers. This week, I join with them for being role models for Americans— market from charging women higher premiums the 9th District of North Carolina and my col- striving for success honorably and morally and than men. The current practice is gender dis- leagues in honoring and remembering these bringing others along with you with generosity crimination and should not be accepted in to- brave men and women who are the truest ex- and compassion—and in congratulating them day’s system. This gender rating harms ample of American heroes. for their well deserved honors. women by not only inflating premiums, but by

VerDate Nov 24 2008 04:24 May 14, 2009 Jkt 079060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A13MY8.019 E13MYPT1 smartinez on PROD1PC64 with REMARKS E1140 CONGRESSIONAL RECORD — Extensions of Remarks May 13, 2009 blocking women financially from obtaining Beginning in 2007 NAIOP Silicon Valley felt to join the track team where Rick discovered proper health care coverage. Furthermore, this that it was important to take a moment to re- a talent that he never knew he possessed. act will prevent insurers in the individual mar- flect upon the significant role that very few in- Track built Rick’s confidence and steered him ket from either denying or limiting coverage dividuals have had in shaping the look and in the right direction: towards college. Rick at- based on a current or past pregnancy as well feel of Silicon Valley and the role Silicon Val- tended Santa Ana College where he became as method of delivery. This bill will eliminate ley’s Commercial Real Estate community has the Freshman Vice President and won na- the insurers from punishing women who are played in the international business commu- tional honors on the track team. He trans- either pregnant or have been in the past. The nity. Silicon Valley, as we know it today, is the ferred to the University of Southern California, bill will also require individual market insurers result of the efforts of a few developers who USC, earned his Bachelor’s of Science in Mar- to provide comprehensive maternity coverage. did big things in the 60’s and 70’s, including keting and still holds a spot on the track This legislation will not only save the insurer building speculative, flexible buildings that al- team’s all-time three-mile list. Upon graduation money, but I believe it will improve the health lowed high tech companies to expand, con- from USC, Rick went to work for a labor rela- outcomes of both the mother and the child. tract and change creatively, a visionary con- tions firm, then spent two years as an admin- To ensure that individual market insurers cept from the 1960’s. It was considered to be istrative trainee in plant construction at Nor- enforce these regulations, this bill will provide very, very risky and was not often attempted. throp Aircraft. Rick continued his education at the Secretary of Health and Human Services Yet, the NAIOP Developer Hall of Fame hon- Chapman University, where he earned a Mas- with the authority to monitor compliance with orees were pioneers who took risks, had vi- ter’s Degree in Business Administration. this act. The Secretary will be able to assess sion and worked tirelessly building an industry In 1975, Rick joined the ORCO Block Com- fines of at least $10,000 against any health in- providing a foundation of the entrepreneurial pany, Inc. a family-owned business, as assist- surance company that fails to submit the re- economy that today is replicated around the ant office manager. In many ways, Rick had quired data. The act will also require the Gov- world. always been a part of the family business. ernment Accountability Office to issue a report In 1995, David acquired a ranch located in Rick picked up broken pieces of block as a by December 31, 2010. This report will ad- Wolf Creek Valley outside of Pagosa Springs, kid, and he repaired wooden pallets, in the dress any remaining problems for women on Colorado where his family built BootJack summer after the fifth grade, to earn the new the individual insurance market throughout the Ranch, which has become one of David’s true bike that he wanted. In his high school and entire country. passions. BootJack Ranch is a one-of-akind college years, Rick spent his summers making This bill will grant more women access to world-class family compound and retreat. The deliveries, taking orders and working with cus- affordable health insurance that will meet their ranch is considered to be one of the finest and tomers. Rick learned the business from the health needs. No longer will women be pun- most beautiful recreational and fly fishing bottom up, and held almost every position in ished for their gender. I urge my colleagues to ranches in the country. The Brown Family en- the company. In 1994, Rick ascended to the support my legislation to prevent this type of joys using BootJack Ranch as a tranquil re- position of President and currently oversees gender discrimination in the health insurance treat to provide rest, renewal and introspection the day-to-day operations of the multi-million- market. for their family, Christian ministry leaders, ex- dollar company. He has continued the devel- f ecutives and others in need of a place of si- opment of its extensive product line, directed HONORING THE LIFE AND ACCOM- lence and solitude. the company’s aggressive expansion and PLISHMENTS OF DAVID JEN- BootJack Ranch is also the backdrop nu- helped maintain ORCO’s high industry profile NINGS BROWN, SR. merous philanthropic events including the an- and leadership role. nual Music in the Mountains Festival. The Throughout his career at ORCO Block Com- HON. ZOE LOFGREN Browns also founded the Pagosa Springs affil- pany, Inc. Rick also has continued the legacy iate of the Durango festival of the same name that his father established: service, leadership OF CALIFORNIA and community. Rick started this legacy in his IN THE HOUSE OF REPRESENTATIVES in 2001. Music in the Mountains, Pagosa is a world class music festival featuring a wonder- own community—at ORCO’s headquarters in Wednesday, May 13, 2009 ful variety of composers, artists and styles Stanton, California. Rick’s father, Pete Muth, Ms. ZOE LOFGREN of California. Madam from classical to country and Celtic show- established the Stanton Boys and Girls Club, Speaker, I rise today to honor the life and ac- cased in the beautiful mountain scenery. and Rick continued to support the Club by complishments of David Jennings Brown, Sr., David has 3 daughters, 2 sons and 11 serving as President, assisting with fundraising whose business acumen, community service grandchildren. He and his wife recently relo- and guiding the increase in children from 100 and family dedication are inspirational. cated to Paradise Valley, Arizona where David to 650. Rick also serves as a Board Member Acclaimed as a pioneer developer of Silicon is currently the Vice Chairman of the Mayo of the Orange County Performing Arts Center Valley and San Francisco Bay Area business Clinic Arizona Leadership Advisory Council. and has helped raise approximately $1.8 mil- parks, David J. Brown is a man of vision, com- I would like to thank David for his contribu- lion in donations and matching funds. Rick has passion and energy. David began his business tions to the community and commend him on also contributed to his own industry by serving career developing and managing commercial his meaningful and productive career. as former Chairman of the Board for the Na- and industrial income properties for Newhall f tional Concrete Masonry Association, NCMA, Land & Farming Company and Holvick deRegt and establishing the NCMA Foundation, which & Koering. He then became the Regional Vice TRIBUTE TO RICK MUTH has raised $6 million to support research and President of Boise Cascade Building, where development. Rick and his father Pete were he completed the acquisition and commenced HON. KEN CALVERT the first father-and-son team to both serve as the development and management of four OF CALIFORNIA NCMA Chairman. major Bay Area Business Parks. IN THE HOUSE OF REPRESENTATIVES Rick has also not forgotten to give back to With a vision to create a commercial and in- the schools that gave so much to him. He was dustrial real estate development and manage- Wednesday, May 13, 2009 a Capital Campaign Committee Member for ment company offering the utmost level of in- Mr. CALVERT. Madam Speaker, I rise today Mater Dei High School. Additionally, for the tegrity and service, David founded Orchard to honor and pay tribute to an individual past 28 years, as an alumnus for Santa Ana Properties in San Jose, California in 1973. whose dedication and contributions to the College’s Track Team, Rick has raised money, During its 32 years of operations, Orchard community of Orange County, California are assisted with coaching and provided jobs for Properties developed over 1,400 acres and 7 exceptional. Orange County has been fortu- members of the track team. At USC, Rick has million square feet of commercial/industrial nate to have dynamic and dedicated commu- been a member of the Orange County Plan- property in Santa Clara, San Mateo, Alameda, nity leaders who willingly and unselfishly give ning and Development Council, partial annual and Sacramento Counties. Through the team- their time and talent and make their commu- scholarship provider to architecture students work of over 200 individuals, Orchard Prop- nities a better place to live and work. Rick and former co-chair for the first USC Sym- erties earned numerous awards and special Muth is one of these individuals and he is also phony Orchestra performance in Orange recognitions over the years, including being one of my closest friends. On April 17, 2009, County. Rick also sits on the Business School named Developer of the Year four times. And, Rick celebrated his 60th birthday with friends Advisory Council at Chapman University, and as a result, David is being inducted into the and family. he and his family have donated funds to sup- ‘‘Developer Hall of Fame’’ by the National As- Rick’s success in life began with the positive port the construction of a new library named in sociation of Industrial and Office Properties influence from a special teacher at Mater Dei honor of the Muth Family and ORCO Block (NAIOP) in May 2009. High School. Henry Enriquez encouraged Rick Company, Inc.

VerDate Nov 24 2008 04:24 May 14, 2009 Jkt 079060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\A13MY8.023 E13MYPT1 smartinez on PROD1PC64 with REMARKS May 13, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E1141 Rick has never expected anything in return English Proficient have access to culturally MARISSA BAUM for his community service, but his contribu- and linguistically appropriate providers and tions have been recognized. Rick was in- care. HON. ED PERLMUTTER ducted into the Santa Ana College Hall of The nearly 2.9 million registered nurses in OF COLORADO Fame, honored as ‘‘Man of the Year’’ by Cy- the United States comprise our nation’s larg- IN THE HOUSE OF REPRESENTATIVES press College and awarded the Ethics in Busi- est health care profession. They are an indis- Wednesday, May 13, 2009 ness award by the Freedom Foundation. Rick pensable component in the safety and quality received the California SBA Business Person of care for hospitalized patients, and are pre- Mr. PERLMUTTER. Madam Speaker, I rise of the Year in 2003. In 2001, the Orange pared to meet the different and emerging today to recognize and applaud Marissa Baum County Business Journal and California State health care needs of our community. As a who has received the Arvada Wheat Ridge University Fullerton presented Rick with the founding member of the Congressional Nurs- Service Ambassadors for Youth award. prestigious Family Owned Business Award. In ing Caucus, with a mandate to educate Con- Marissa Baum is an 8th grader at Arvada Mid- the spirit of the ‘‘America Way,’’ Rick started gress on all aspects of the nursing profession dle School and received this award because a group called USA Owned/USA Made, to and how nursing issues impact the delivery of her determination and hard work have allowed support companies whose products are made safe, quality care, I will continue to advocate her to overcome adversities. in the United States. Rick worked with Con- on behalf of these notable professionals. The dedication demonstrated by Marissa gress to pass a proclamation called ‘‘Try I honor registered nurse’s accomplishments Baum is exemplary of the type of achievement American Day,’’ celebrated in conjunction with and efforts to improve our health care system, that can be attained with hard work and perse- Labor Day. Many states and cities ratified this and we should all show our appreciation for verance. It is essential that students at all lev- proclamation and recognized Rick’s valuable the nation’s registered nurses—not just this els strive to make the most of their education contribution. However, to Rick, what is even week but at every opportunity throughout the and develop a work ethic that will guide them more prestigious than awards or recognition is year. for the rest of their lives. that in his personal life Rick is a husband of I extend my deepest congratulations once again to Marissa Baum for winning the Arvada over 30 years to his wife Nancy and father to f his two daughters, Veronica, 26, and Steph- Wheat Ridge Service Ambassadors for Youth anie, 25. Rick also enjoys hobbies like wake CONGRATULATING THE INDIANA award. I have no doubt she will exhibit the boarding, snow boarding, being a private pilot SCHOOL FOR THE DEAF BASE- same dedication she has shown in her aca- and running as a master’s track competitor. BALL TEAM, 2009 HOY CLASSIC demic career to her future accomplishments. Rick’s tireless passion for American busi- CHAMPIONS f ness and community service has contributed BELATED THANK YOU TO THE immensely to the betterment of the community HON. ANDRE´ CARSON MERCHANT MARINERS OF of Orange County, California. I am proud to OF INDIANA WORLD WAR II ACT OF 2009 call Rick a fellow community member, Amer- IN THE HOUSE OF REPRESENTATIVES ican and close friend. I know that many com- SPEECH OF munity members are grateful for his work and Wednesday, May 13, 2009 salute him on his 60th birthday. HON. DARRELL E. ISSA Mr. CARSON of Indiana. Madam Speaker, I OF CALIFORNIA f rise today to offer my congratulations to the IN THE HOUSE OF REPRESENTATIVES Indiana School for the Deaf Baseball Team. HONORING OUR MEDICAL HEROES Tuesday, May 12, 2009 AND HEROINES ON NATIONAL Last month, they were crowned the national NURSES’ RECOGNITION WEEK champions at the Hoy Classic in Fremont, Mr. ISSA. Madam Speaker, I rise in support California. of the Merchant Mariners who served during HON. CHARLES B. RANGEL Since the inception of this program four World War II. Tasked with delivering troops, years ago, this was the first time that the Indi- tanks, food, airplanes, fuel and other supplies OF NEW YORK ana School for the Deaf captured the cham- to war theaters, Merchant Mariners suffered IN THE HOUSE OF REPRESENTATIVES pionship title. I applaud the team for its excep- the highest casualty rate of any of the branch Wednesday, May 13, 2009 tional performance. This was also the first time of the service. Their bravery for our country Mr. RANGEL. Madam Speaker, I rise today that they played on a Varsity Schedule. The deserves recognition. in awe of all the amazing work our nation’s team exemplified themselves at the tour- I am a proud cosponsor of H.R. 23, the ‘‘Be- nurses accomplish—from the battlefield in Iraq nament by finishing with a record of 4–1, de- lated Thank You to the Merchant Mariners of and Afghanistan, to the late-hours in the local feating the host California School for the Deaf World War II Act of 2009.’’ This legislation will hospitals of our communities. These men and by 5–3. provide certain honorably discharged U.S. women on the frontlines of our health care This year’s team was led by an impressive Merchant Marine veterans with a monthly system deserve our utmost praise, and in this roster of talented athletes who were recog- $1,000 benefit. With each passing year, there are fewer week, we salute their herculean efforts. But in nized for their outstanding sportsmanship. surviving Merchant Marine veterans. I urge my the coming months, as we ambitiously attempt Pitcher Tyler Crace was named the Most Val- colleagues in the House and the Senate to to bolster and reform America’s health care, uable Player at the event, with 16 strikeouts in join me in supporting H.R. 23 to give these let’s keep their concerns and their voices at nine innings. Tony Dall and Jose Mast were veterans their recognition. the forefront. Let’s do right by them, as we selected for the all-tournament team. I would should by the 45 million uninsured Americans also like to recognize Will Fetzer, Dylan f who need our help. Osbourne and Trevor Rouse as some of the JOHN BADGETT The elimination of health disparities is a top players throughout the competition. central goal of health reform. Minorities are It is important to mention that this excep- HON. ED PERLMUTTER more likely to be uninsured and often experi- tional achievement would not have been pos- OF COLORADO ence worse health outcomes. This is unac- sible without the dedication of first-year Head IN THE HOUSE OF REPRESENTATIVES ceptable and has been the case for far too Coach, Rusty Crace and Assistant Coach, long. If we do health reform right, we have a Steve Sorse. With their unwavering support, Wednesday, May 13, 2009 great opportunity to address the fundamentally these coaches pushed the team to reach their Mr. PERLMUTTER. Madam Speaker, I rise inequitable health disparities that plague our full potential. Additionally, the dynamic faculty, today to recognize and applaud John Badgett nation. The first major step is to get everyone staff and student body should be recognized who has received the Arvada Wheat Ridge insured, but that is not enough. We must en- for their enthusiasm and pride in their team. Service Ambassadors for Youth award. John sure that we have enough primary care, spe- Today, I ask my colleagues to join me in Badgett is a 7th grader at Drake Middle cialty doctors, and registered nurses to serve congratulating this outstanding baseball team, School and received this award because his everyone. We must take steps to improve the the coaching staff and the school for their determination and hard work have allowed him health workforce and infrastructure so that in- marvelous achievement in winning the Hoy to overcome adversities. surance veritably translates into access to Classic championship title and distinguishing The dedication demonstrated by John high-quality care. In addition, we must ensure themselves as one of the best baseball teams Badgett is exemplary of the type of achieve- that the millions of people who are Limited in the nation. ment that can be attained with hard work and

VerDate Nov 24 2008 04:24 May 14, 2009 Jkt 079060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\A13MY8.025 E13MYPT1 smartinez on PROD1PC64 with REMARKS E1142 CONGRESSIONAL RECORD — Extensions of Remarks May 13, 2009 perseverance. It is essential that students at She married Charlie Henry Rice on February less attention is the fact that H1N1 is resistant all levels strive to make the most of their edu- 26, 1930 and has five children, 10 grand- to some of the drugs in our arsenal. The Cen- cation and develop a work ethic that will guide children, 16 great-grandchildren and 1 great- ters for Disease Control and Prevention (CDC) them for the rest of their lives. great-grandchild. will continue to watch the spread and evo- I extend my deepest congratulations once Ms. Rice served as an LPN at Lineville lution of this pathogen as flu season hits the again to John Badgett for winning the Arvada Nursing Home and retired after 30 years of southern hemisphere. Hopefully, we again will Wheat Ridge Service Ambassadors for Youth service. She is a member of New Fellowship buy some time before we truly face a pan- award. I have no doubt he will exhibit the Baptist Church. demic. But, now the possibility of a pandemic same dedication he has shown in his aca- I would like to congratulate Ms. Rice on has become real to many of us. We have demic career to his future accomplishments. reaching this important milestone in her life, been forced to think about how quickly an in- f and wish her the happiest of birthdays at this fection can spread, especially in the age of special occassion. international air travel, and the disastrous re- PERSONAL EXPLANATION f sult if it were a strain of bacteria that failed to respond to our current antiviral drugs. MEGAN BOWEN HON. JIM JORDAN Another resistant infection that caught our OF OHIO attention over the past year is community-ac- IN THE HOUSE OF REPRESENTATIVES HON. ED PERLMUTTER quired methicillin-resistant Staphylococcus Wednesday, May 13, 2009 OF COLORADO aureus (CA–MRSA). Historically, this infection IN THE HOUSE OF REPRESENTATIVES was acquired during a hospital stay, but now Mr. JORDAN of Ohio. Madam Speaker, I Wednesday, May 13, 2009 is impacting young, healthy people and was absent from the House floor during Tues- spreading in our communities. We’ve heard day’s three rollcall votes. Mr. PERLMUTTER. Madam Speaker, I rise stories of high school, college and profes- Had I been present, I would have voted today to recognize and applaud Megan Bowen sional athletes losing their lives or careers as against tabling the Flake Privileged Resolu- who has received the Arvada Wheat Ridge a result of these infections. Many of our con- tion, in favor of H. Res. 413, and in favor of Service Ambassadors for Youth award. Megan stituents are facing serious illness and death H. Res. 378, amended. Bowen is an 8th grader at Moore Middle due to MRSA infections. Sadly, this infection f School and received this award because her has become far too common, difficult to treat determination and hard work have allowed her DANIEL BENAVIDEZ and has few options to fight it. It can leave in- to overcome adversities. dividuals disfigured, if they survive. In my own The dedication demonstrated by Megan state of Utah, the number of children with HON. ED PERLMUTTER Bowen is exemplary of the type of achieve- MRSA infections at the Primary Children’s OF COLORADO ment that can be attained with hard work and Medical Center in Salt Lake City has in- IN THE HOUSE OF REPRESENTATIVES perseverance. It is essential that students at creased by almost 20 fold over the past two all levels strive to make the most of their edu- Wednesday, May 13, 2009 decades. cation and develop a work ethic that will guide There are still more infections to worry Mr. PERLMUTTER. Madam Speaker, I rise them for the rest of their lives. about. We have numerous reports of our sol- today to recognize and applaud Daniel I extend my deepest congratulations once diers coming home from Iraq and Afghanistan Benavidez who has received the Arvada again to Megan Bowen for winning the Arvada with Acinetobactor—a resistant bacterial infec- Wheat Ridge Service Ambassadors for Youth Wheat Ridge Service Ambassadors for Youth tion that is especially difficult to treat and the award. Daniel Benavidez is a senior at Arvada award. I have no doubt she will exhibit the only option is a very toxic antibiotic. West High School and received this award be- same dedication she has shown in her aca- cause his determination and hard work have demic career to her future accomplishments. Other examples of concern include vancomycin-resistant Staphylococcus aureus allowed him to overcome adversities. f The dedication demonstrated by Daniel (VRSA), an alarming development because Benavidez is exemplary of the type of REGARDING INTRODUCTION OF vancomycin is the drug of last resort for treat- achievement that can be attained with hard THE STRATEGIES TO ADDRESS ing several serious infections, and Escherichia work and perseverance. It is essential that stu- ANTIMICROBIAL RESISTANCE coli (E.coli), which has caused outbreaks due dents at all levels strive to make the most of (STAAR) ACT to contamination of spinach, peanut butter, their education and develop a work ethic that and other foods we regularly consume. will guide them for the rest of their lives. HON. JIM MATHESON Madam Speaker, I believe strongly that this I extend my deepest congratulations once OF UTAH year we must take this issue seriously and en- sure we have the public health infrastructure again to Daniel Benavidez for winning the Ar- IN THE HOUSE OF REPRESENTATIVES vada Wheat Ridge Service Ambassadors for in place to both monitor and respond to these Wednesday, May 13, 2009 Youth award. I have no doubt he will exhibit emerging drug resistant infections. The the same dedication he has shown in his aca- Mr. MATHESON. Madam Speaker, I rise to STAAR Act is the most comprehensive legisla- demic career to his future accomplishments. re-introduce the ‘‘Strategies to Address Anti- tion introduced to date to address this serious f microbial Resistance (STAAR) Act,’’ which I and life-threatening patient safety and public believe has the potential to save many thou- health problem. We must act now to begin to IN RECOGNITION OF MS. IDA MAE sands of lives by strengthening the United reverse the alarming trend, and infectious dis- DUKE RICE States’ response to infectious pathogens, in- ease experts tell me that the multi-pronged cluding H1N1 influenza, that are becoming in- approaches contained in the STAAR Act pro- HON. MIKE ROGERS creasingly resistant to existing antimicrobial vides our best chance to address the multiple OF ALABAMA drugs (antibacterials, antivirals, antifungals, problems that face us. IN THE HOUSE OF REPRESENTATIVES etc.). We have taken antimicrobial drug develop- I have been working on the issue of anti- ment for granted. Few of us remember medi- Wednesday, May 13, 2009 microbial resistance for several years and it is cine before the discovery of antibacterial and Mr. ROGERS of Alabama. Madam Speaker, alarming how often reports of resistant infec- antiviral drugs. Antibacterial drugs in particular I would like to request the House’s attention tions now appear. I do not believe the public have allowed many medical advances, includ- today to pay recognition to a special day in health community simply is crying ‘‘wolf.’’ We ing routine invasive surgeries, organ trans- the life of a constituent of mine, Ms. Ida Mae no longer can be complacent. plants, and other procedures that otherwise Duke Rice. When I first introduced this bill two years would be impossible due to resulting infec- On May 25, Ms. Rice will celebrate her ago, we were facing reports of extensively- tions. But we are falling behind in our ability to 100th birthday. To help commemorate this drug resistant tuberculosis (XDR–TB) and protect ourselves against infections, and we special occasion, her friends and family are fears of an Avian flu pandemic. Over the last have a lot of catching up to do. Fifteen years holding a celebration on June 20 at Barfield few weeks, we all have followed the H1N1 in- ago, the Congressional Office of Technology Baptist Church. fluenza outbreak as we ramped up our aware- Assessment (OTA) examined the problem of Ida Mae Duke Rice was born in Clay Coun- ness of influenza mitigation strategies and the antimicrobial resistance and reported to Con- ty, AL to Steve Morris and Zeda Eudora Duke. impact of infectious pathogens. What received gress that ‘‘The impacts of antibiotic-resistant

VerDate Nov 24 2008 04:24 May 14, 2009 Jkt 079060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\K13MY8.009 E13MYPT1 smartinez on PROD1PC64 with REMARKS May 13, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E1143 bacteria can be reduced by preserving the ef- Health and Human Services. The Director of same dedication he has shown in his aca- fectiveness of current antibiotics through infec- the ARO would serve as the director of the ex- demic career to his future accomplishments. tion control, vaccination and prudent use of isting interagency task force and work in con- f antibiotics, and by developing new antibiotics junction with the many Federal agencies which specifically to treat infections caused by anti- share responsibility to address antimicrobial PERSONAL EXPLANATION biotic-resistant bacteria.’’ resistance to ensure accountability and In addition, there are problems of significant progress on the Action Plan. Also, to encour- HON. LINDA T. SA´ NCHEZ and inappropriate use of antimicrobials; a lack age input from experts outside the federal OF CALIFORNIA of adequate research to address the many government, and to ensure accountability, my IN THE HOUSE OF REPRESENTATIVES facets of resistance, including basic, clinical, bill would establish a Public Health Anti- Wednesday, May 13, 2009 interventional, and epidemiologic research as microbial Advisory Board (PHAAB) to provide well as research to support the development much needed advice about antimicrobial re- Ms. LINDA T. SA´ NCHEZ of California. of new diagnostics, biologics, devices and, of sistance and strategies to address it. The Madam Speaker, unfortunately, I was unable course, drugs; a fractured and under-funded STAAR Act will strengthen existing surveil- to get to the House floor in time on Wednes- resistance surveillance system; and insufficient lance, data collection, and research activities day, May 6, 2009, and therefore unable to coordination of the federal response, which is as a means to reduce the inappropriate use of cast a vote on the House floor that afternoon. critically needed as the solutions to addressing antimicrobials, develop and test new interven- However, had I been present I would have antimicrobial resistance involve multiple agen- tions to limit the spread of resistant organisms, voted ‘‘aye’’ on H. Res. 348, congratulating cies and departments. and foster the development of new tools to de- the University of North Carolina men’s basket- To begin to respond to the drug resistance tect, prevent and treat these ‘‘bad bugs.’’ In- ball team for winning the 2009 NCAA Division problem, eight years ago Congress passed fectious diseases experts have said they I Men’s Basketball National Championship. legislation that became Section 319E, ‘‘Com- strongly support this multi-faceted, strategic f bating Antimicrobial Resistance’’ of the Public approach. SHELBY BEAN Health Service Act. This law directed the Sec- The STAAR Act has been endorsed by a retary to establish an Antimicrobial Resistance number of organizations, including: Infectious Task Force to coordinate Federal programs Diseases Society of America (IDSA), Amer- HON. ED PERLMUTTER relating to antimicrobial resistance; required ican Academy of Family Physicians (AAFP), OF COLORADO research and development of new anti- Alliance for the Prudent Use of Antibiotics IN THE HOUSE OF REPRESENTATIVES microbial drugs and diagnostics; established (APUA); American Association of Critical-Care Wednesday, May 13, 2009 educational programs for medical and health Nurses (AACN); National Parent-Teacher As- personnel in the use of these drugs; and es- sociation (PTA); American Public Health Asso- Mr. PERLMUTTER. Madam Speaker, I rise tablished demonstration grants for programs ciation (APHA); National Foundation for Infec- today to recognize and applaud Shelby Bean promoting the judicious use of antimicrobial tions Diseases (NFID); Council of State and who has received the Arvada Wheat Ridge drugs and the detection and control of the Territorial Epidemiologists (CSTE); and Michi- Service Ambassadors for Youth award. Shelby spread of antimicrobial-resistant pathogens. gan Antibiotic Resistance Reduction Coalition Bean is a senior at Arvada West High School Authorization for these programs expired Sep- (MARA); American Society of Health-System and received this award because her deter- tember 30, 2006. The STAAR Act reauthorizes Pharmacists (ASHP); Association for Profes- mination and hard work have allowed her to these programs and builds on the Federal ef- sionals in Infection Control and Epidemiology overcome adversities. forts that have been highlighted in the Public (APIC); International Society of Microbial Re- The dedication demonstrated by Shelby Health Service Action Plan to Combat Anti- sistance (ISMR); Michigan Antibiotic Resist- Bean is exemplary of the type of achievement microbial Resistance, published in 2001 by the ance Reduction Coalition (MARA); National that can be attained with hard work and perse- Task Force. Athletic Trainers Association (NATA); Society verance. It is essential that students at all lev- The Action Plan identified thirteen key ele- of Infectious Diseases Pharmacists (SIDP); els strive to make the most of their education ments (out of 84 elements) as top priority ac- and Trust for America’s Health (TFAH). and develop a work ethic that will guide them tion items that are critically necessary to ad- This legislation has been a long time com- for the rest of their lives. dress the growing resistance crisis. Regret- ing. I urge my colleagues to join me in sup- I extend my deepest congratulations once tably, the Action Plan has never been funded. porting this legislation and to work with me to again to Shelby Bean for winning the Arvada In spite of these past efforts to address the give our federal agencies the tools they need Wheat Ridge Service Ambassadors for Youth problem, antimicrobial resistance continues to to ensure that combating antimicrobial resist- award. I have no doubt she will exhibit the grow. In 2004, the Infectious Diseases Society ance becomes a priority. same dedication she has shown in her aca- of America (IDSA) published, ‘‘Bad Bugs, No f demic career to her future accomplishments. Drugs: As Antibiotic Discovery Stagnates a f Public Health Crisis Brews’’ to highlight the NATHAN BOECK lack of research and development for new TEN HONORED AT ANNUAL SEN- antibiotics. Updates to this report continue to HON. ED PERLMUTTER IOR HALL OF FAME BREAKFAST make the case that we need to do more. Anti- OF COLORADO bacterial drugs are not profitable compared to IN THE HOUSE OF REPRESENTATIVES HON. ROBERT WEXLER those that treat chronic (long-term) conditions OF FLORIDA Wednesday, May 13, 2009 and lifestyle issues. In addition, when a new IN THE HOUSE OF REPRESENTATIVES antibiotic comes on the market, it is discour- Mr. PERLMUTTER. Madam Speaker, I rise Wednesday, May 13, 2009 aged from use to avoid the development of re- today to recognize and applaud Nathan Boeck sistance. Also, antibiotics are taken for short who has received the Arvada Wheat Ridge Mr. WEXLER. Madam Speaker, today in periods of time—unlike those for chronic dis- Service Ambassadors for Youth award. Na- Tamarac, Florida, ten outstanding Broward el- ease which may be taken daily. As a result, than Boeck is an 8th grader at Oberon Middle ders will be honored at the Annual Senior Hall big pharmaceutical companies have pretty School and received this award because his of Fame Breakfast. These ten seniors being much turned their back on antibiotic develop- determination and hard work have allowed him honored have volunteered in their commu- ment. IDSA has published several other re- to overcome adversities. nities and have spent countless hours helping ports that support many of the provisions The dedication demonstrated by Nathan others. Their outstanding character and com- found in the STAAR Act. Boeck is exemplary of the type of achieve- passion have truly set them apart and make The ‘‘Strategies to Address Antimicrobial ment that can be attained with hard work and them worthy of this prestigious honor. Resistance (STAAR) Act’’ is comprehensive perseverance. It is essential that students at Dorothy Arbogast of Pembroke Pines, who legislation that advances the thirteen key ele- all levels strive to make the most of their edu- has been battling Lupus for many decades, ments identified in the federal Action Plan and cation and develop a work ethic that will guide has been volunteering with the Senior Com- authorizes adequate funding for these strate- them for the rest of their lives. panion Program since 2004, serving over gies. I extend my deepest congratulations once 3,300 hours with people with tremendous My bill strengthens existing efforts by estab- again to Nathan Boeck for winning the Arvada physical, developmental, and emotional needs; lishing an Antimicrobial Resistance office Wheat Ridge Service Ambassadors for Youth as well as frail elders in their homes; adult day (ARO) within the Office of the Secretary of award. I have no doubt he will exhibit the care centers; and providing relief to caregivers

VerDate Nov 24 2008 04:24 May 14, 2009 Jkt 079060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 E:\CR\FM\A13MY8.031 E13MYPT1 smartinez on PROD1PC64 with REMARKS E1144 CONGRESSIONAL RECORD — Extensions of Remarks May 13, 2009 caring for loved ones with Alzheimer’s. Doro- Davie Area Land Trust, Broward Extension GABRIEL BARRIOS thy also volunteers with the Lupus Foundation, Foundation, Davie Boys and Girls Club, and the Street People of Oakland Park, Cancer South Florida Trail Riders. Mayor Paul served HON. ED PERLMUTTER Foundation and Leeza’s Place, and serves on the Davie Town Council from 1998 to OF COLORADO with great compassion, dedication, and humil- 2007, as well as the Davie Charter Review IN THE HOUSE OF REPRESENTATIVES ity. Board from 1996 to 2007, and is President of Wednesday, May 13, 2009 Mayor Samuel S. Brown of Lauderdale the Friends of Davie Farm Park, Inc., and an Lakes was elected mayor in 1998, and under honorary member of the Board of Directors for Mr. PERLMUTTER. Madam Speaker, I rise his leadership, the City made numerous posi- Old Davie School. A retired teacher, Mayor today to recognize and applaud Gabriel tive strides in redevelopment and capital im- Paul is outspoken about caring for the envi- Barrios who has received the Arvada Wheat provement, while continuing to provide quality ronment, promoting enhancing green space Ridge Service Ambassadors for Youth award. services to its residents. A unifying force in the and working on projects to provide the general Gabriel Barnios is a senior at Arvada High community, Mayor Brown is involved in many public opportunities to learn more about agri- School and received this award because her charitable and philanthropic efforts and has culture. determination and hard work have allowed her been responsible for overseeing several com- to overcome adversities. munity service projects. He also organizes an Mayor Sylvia Poitier is a lifelong resident of The dedication demonstrated by Gabriel annual Thanksgiving Food Drive for seniors Deerfield Beach and served on the City Com- Barnios is exemplary of the type of achieve- and has made it possible for hundreds of mission from 1973 to 1985 and from 2005 ment that can be attained with hard work and needy children to receive gifts during the holi- until today, serving as Mayor in 1976 to 77 perseverance. It is essential that students at days through the Angel Tree Gift Giving Pro- and acting Mayor since December 2008, as all levels strive to make the most of their edu- gram. well as the County Commission from 1986 to cation and develop a work ethic that will guide Joan Fink of Hillsboro Beach has devoted 1998, and has committed herself to providing them for the rest of their lives. time to the Northeast Focal Point Senior Cen- affordable housing to residents and senior pro- I extend my deepest congratulations once ter for over 12 years and is currently Treas- gram funding during her time in office. Mayor again to Gabriel Barnios for winning the Ar- urer of the Children’s, Alzheimer’s, Seniors Poitier has also volunteered for many social vada Wheat Ridge Service Ambassadors for and Adult Services (CASA) Board of Directors, service boards and committees, has served as Youth award. I have no doubt she will exhibit Auxiliary, and Child Development Center. She an advocate for senior, Alzheimer’s, and chil- the same dedication she has shown in her is active in many fundraising events, including dren services, as well as intergenerational pro- academic career to her future accomplish- the annual Auxiliary Fashion Show and the grams. She is currently Chair for the Commu- ments. ‘‘Cuisine of the Region.’’ Joan has also volun- nity Action Agency, a Member of the Salvation f teered at the North Broward Medical Center Army Board, and was the First African Amer- and has been a member and recording sec- ican President of the Broward County Council THE INTRODUCTION OF THE HIGH- retary of the American Association of Univer- of Parent-Teacher associations. WAY TRUST FUND FAIRNESS ACT sity Women—Pompano Beach Chapter for the Marcia Slow Sandler of Pembroke Pines past 13 years, where she has helped raise has been working tirelessly for over 15 years funds to promote educational scholarships for in many capacities, including President and HON. JOHN LEWIS women. Member of the Children’s Cancer Caring OF GEORGIA Hazel Haas of Margate has used her formal Broward Chapter and Founder of the Angels IN THE HOUSE OF REPRESENTATIVES theater education and vast experience with the in the Outfield Chapter of Joe DiMaggio Chil- Wednesday, May 13, 2009 performing arts to improve the lives of dren’s Hospital. She has also been a contrib- Mr. LEWIS of Georgia. Madam Speaker, I Broward County residents since 1989, adding utor to social service fundraising activities and rise today to introduce the Highway Trust humor to her volunteering efforts with several served four years on the Aging & Disability Fund Fairness Act of 2009. I urge all of my organizations, including the Northwest Medical Resource Center’s Advisory Council, where colleagues to support this common-sense leg- Center and the Margate Chapter of the Parkin- she secured Fair Share Appropriations from son’s Support Group, and she shares her islation. local municipalities. warmth, humor and knowledge of the commu- This year, Congress is tasked with the much nity by presenting sessions for Continuing Senator Nan H. Rich is a lifelong resident of larger mission of reauthorizing the country’s Education Credit at the Aging & Disability Re- Weston and serves District 34 in the Florida surface transportation programs to meet the source Center’s Annual Broward Aging Net- Senate. Prior to entering politics, Nan devoted needs of a constantly-evolving highway and work Conference. Hazel’s mother, Nettie many years to volunteering with children and transit system. Later this year, we will have to Gross, was honored as a member of the Sen- the handicapped, and in Tallahassee, her really look at ways to make the Highway Trust ior Hall of Fame in 1993, and for the past five commitment to elders has been evidenced re- Fund more solvent, but in the meantime, we years, Hazel has facilitated the link between peatedly through her voice and her actions, can make smaller changes that would help generations by funding the Nettie Baron Gross continuing to seek and secure critical funding ease the burden. Memorial Scholarship for Broward College stu- for necessary services. Senator Rich is active The Highway Trust Fund Fairness Act does dents studying issues impacting seniors’ lives. on various boards in the religious sector and just that. It allows the Highway Trust Fund to Judy Henry of Tamarac has been volun- is highly respected as the true voice of reason be treated like other federal trust funds by al- teering for many years for a number of organi- in an atmosphere that too often disregards the lowing refunds and credits through the Gen- zations, serving as President of American oppressed and the victimized. eral Fund. The bill will also allow the Highway Woman’s ORT, President of the Coral Springs Greta Silver of Coconut Creek has an en- Trust Fund to accrue interest on its balance. Soccer Association, and as a Board Member thusiasm and energy that make her an invalu- These are very basic, common-sense changes that will save money in the long-run. as one of the Founding Families of Temple able volunteer at the Alzheimer’s Family Cen- In 1962, President John F. Kennedy created Beth Orr of Coral Springs. Judy has dedicated ter, where she helps clients to cope with their National Transportation Week. He recognized her time to the Jewish Federation of Greater fears and frustrations. As a talented journalist, that transportation was fast becoming one of Fort Lauderdale and the United Way of Greta also writes a quarterly newsletter called Broward County, and through her role as a the most sensitive and important issues facing ‘‘The Volunteer Vine,’’ and in December 2008 Board Member of Cooperative Feeding, she our nation. It affects every person, every day. she coordinated a Holiday Volunteer Day for has assisted in providing food, counseling and How do you get to and from school and work the Center, planning lunch, entertainment, fa- other basic needs for the homeless. She has safely and efficiently every day? How do you vors, centerpieces, and guest speakers. Greta also initiated mail boxes for the homeless, and visit family, friends, and loved ones? is also a trained volunteer for the Project Life- as President of Volunteer Broward, has been When I was first elected to Congress, I saver Safety Program and is extremely active working on an agricultural project, teaching served on what was then the Public Works within her homeowner’s association. neighborhoods how to garden and grow food and Transportation Committee. It is now the for themselves. Madam Speaker, I would like to again con- Transportation and Infrastructure Committee Mayor Judy Paul of Davie has worked tire- gratulate these ten outstanding Broward Coun- chaired by my good friend and colleague Mr. lessly for Broward County, as she is active on ty citizens who are being honored at the An- OBERSTAR. I went on to eventually serve on the boards of the 4–H Foundation, Broward nual Senior Hall of Fame, and thank them for the Ways and Means Committee where I chair County Farm Bureau, Junior Achievement, their years of service to their fellow Floridians. the Oversight Subcommittee. Although we

VerDate Nov 24 2008 04:24 May 14, 2009 Jkt 079060 PO 00000 Frm 00014 Fmt 0626 Sfmt 9920 E:\CR\FM\A13MY8.034 E13MYPT1 smartinez on PROD1PC64 with REMARKS May 13, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E1145 don’t work directly on transportation issues in efficiency will allow construction workers, min- She regularly volunteers for school activities this Committee, we do have the opportunity to ers and other earthmoving workers to do their and important causes, such as raising funds deal with how our nation’s infrastructure is jobs while emitting significantly fewer carbon for St. Jude Children’s Research Hospital. By funded. dioxide emissions. showing this spirit of volunteerism, Ms. Altman The Highway Trust Fund was established in After more than two years of research, the is inspiring future generations to make a dif- 1956 to provide a dedicated source of federal D7E represents exactly the kinds of new tech- ference in their communities. support for highways and transit programs nology we need to move our country and our Ms. Altman’s passion for making a dif- across the country. Unfortunately, the Highway economy into the 21st Century. Its electric ference in the lives of her students is an ex- Trust Fund’s balance continues to diminish drive is a platform from which Caterpillar can ample for all Kentuckians to follow. I thank Ms. every year. First and foremost, the Highway begin exploring the possible use of alternative Altman for her commitment to the students in Trust Fund is financed primarily through fuel fuels to power American construction. Shepherdsville. taxes. Combined with high gas prices last year Production of these innovative tractors is set f and greener living, people are driving less. to begin later this year in my home state of Illi- This means there is less money going into the nois. As a former small businessman myself, IN HONOR OF THE RETIREMENT Trust Fund. Second, the projects funded out of and one who worked to keep manufacturing OF COLONEL JAMES GEURTS the Trust Fund are more costly. Consequently jobs in the Midwest, I would like to further con- fewer initiatives can be funded from the Trust gratulate Caterpillar for its commitment to rein- HON. ADAM SMITH Fund. vest in the communities that have supported OF WASHINGTON As you can see, Madam Speaker, since Na- them for nearly 100 years. IN THE HOUSE OF REPRESENTATIVES tional Transportation Week was first created, It is my honor to represent the employees of Wednesday, May 13, 2009 our Nation’s transportation and infrastructure Caterpillar’s Aurora, Montgomery and Dixon has become much more complex—as has our manufacturing facilities, and I thank them for Mr. SMITH of Washington. Madam Speaker, economy. Jobs are created where there is all their hard work. I rise today to honor the service of Colonel James Geurts, United States Air Force, on the good connectivity—roads, trains, bridges, pub- f lic transit, walkable, bikable streets and com- occasion of his retirement after twenty-two munities. Before we tackle these larger issues, ROSALINDA BUSTILLOS years of dedicated service to this Nation. we can start with the basics. I urge all of my A distinguished graduate of the Lehigh Uni- colleagues to support this very simple legisla- HON. ED PERLMUTTER versity and the Air Force’s Institute of Tech- tion. OF COLORADO nology, Colonel Geurts was commissioned as an officer in the Air Force in 1987. He has f IN THE HOUSE OF REPRESENTATIVES served as a career acquisition program man- NATE BURIANAK Wednesday, May 13, 2009 ager with engineering and program manage- Mr. PERLMUTTER. Madam Speaker, I rise ment experience in numerous weapon sys- HON. ED PERLMUTTER today to recognize and applaud Rosalinda tems including Intercontinental Ballistic Mis- OF COLORADO Bustillos who has received the Arvada Wheat siles, surveillance platforms, tactical fighter air- craft, stealth cruise missiles, and special oper- IN THE HOUSE OF REPRESENTATIVES Ridge Service Ambassadors for Youth award. Rosalinda Bustillos is a senior at Jefferson ations manned and unmanned aircraft. Wednesday, May 13, 2009 High School and received this award because As the Program Executive Officer for Fixed Mr. PERLMUTTER. Madam Speaker, I rise her determination and hard work have allowed Wing at United States Special Operations today to recognize and applaud Nate Burianak her to overcome adversities. Command, Colonel Geurts spearheaded the who has received the Arvada Wheat Ridge The dedication demonstrated by Rosalinda largest recapitalization and growth of Special Service Ambassadors for Youth award. Nate Bustillos is exemplary of the type of achieve- Operations Forces Air Component fleet in its Burianak is an 8th grader at Oberon Middle ment that can be attained with hard work and 22 year history. More than anyone else, Colo- School and received this award because his perseverance. It is essential that students at nel Geurts helped shape the future of Special determination and hard work have allowed him all levels strive to make the most of their edu- Operations aviation. to overcome adversities. cation and develop a work ethic that will guide Colonel Geurts was instrumental in planning The dedication demonstrated by Nate them for the rest of their lives. and executing numerous urgent deployment Burianak is exemplary of the type of achieve- I extend my deepest congratulations once acquisition programs in support of Operations ment that can be attained with hard work and again to Rosalinda Bustillos for winning the Enduring Freedom and Iraqi freedom. He field- perseverance. It is essential that students at Arvada Wheat Ridge Service Ambassadors for ed multiple aircraft, which led the Secretary of all levels strive to make the most of their edu- Youth award. I have no doubt she will exhibit Defense to proclaim his efforts as ‘‘the single cation and develop a work ethic that will guide the same dedication she has shown in her greatest expansion of Intelligence, Surveil- them for the rest of their lives. academic career to her future accomplish- lance, and Reconnaissance capability flowing I extend my deepest congratulations once ments. to the United States troops.’’ again to Nate Burianak for winning the Arvada f Colonel Geurts’ distinguished career is Wheat Ridge Service Ambassadors for Youth marked by numerous awards and decorations award. I have no doubt he will exhibit the A TRIBUTE TO MS. CHRISTA that include the 2008 Packard Award, the same dedication he has shown in his aca- ALTMAN Global War on Terrorism Advanced Concept demic career to his future accomplishments. Technology Demonstration Transition Team of f HON. BRETT GUTHRIE the Year, and the William Perry Award. In ad- OF KENTUCKY dition, he has been awarded the Legion of CONGRATULATING CATERPILLAR, IN THE HOUSE OF REPRESENTATIVES Merit, Defense Meritorious Service Medal (1 INC. oak leaf cluster), Meritorious Service Medal, Wednesday, May 13, 2009 Air Force Commendation Medal, Joint Service HON. BILL FOSTER Mr. GUTHRIE. Madam Speaker, I rise today Achievement Medal (1 oak leaf cluster), and OF ILLINOIS to honor Ms. Christa Altman for her service to the Air Force Achievement Medal (1 oak leaf IN THE HOUSE OF REPRESENTATIVES the students at St. Aloysius Gonzaga Acad- cluster). emy in Shepherdsville, Kentucky. She was On behalf of Congress and the United Wednesday, May 13, 2009 recognized with the Catholic Education Foun- States of America, I express our appreciation Mr. FOSTER. Madam Speaker, I am sub- dation’s Teacher Award. of Colonel Geurts for his tireless service and mitting this statement to express congratula- Ms. Altman is devoted to making sure the support of the warfighter. His professionalism, tions to Caterpillar, Inc. for their receiving students that pass through her classroom re- expertise, and efforts showcase his patriotism, EPA’s Clean Air Excellence Award. ceive the best education possible. Her first- and his dedication to the Special Operators in Caterpillar was honored for developing its grade class consistently performs near the top the field: Colonel James Geurts is truly a great D7E, a revolutionary new bulldozer that con- on the school’s annual test that measures stu- American. sumes up to 30 percent less fuel and performs dent achievement. I congratulate Colonel Geurts on completing necessary construction operations 25 percent Ms. Altman’s positive influence on her stu- an exceptional military career and am hum- more efficiently. These impressive increases in dents is also evident outside of the classroom. bled by his dedicated service to our Nation. I

VerDate Nov 24 2008 04:24 May 14, 2009 Jkt 079060 PO 00000 Frm 00015 Fmt 0626 Sfmt 9920 E:\CR\FM\A13MY8.035 E13MYPT1 smartinez on PROD1PC64 with REMARKS E1146 CONGRESSIONAL RECORD — Extensions of Remarks May 13, 2009 wish Colonel Geurts, his wife Kelly, and their Cindy’s passion for teaching is evident in- A TRIBUTE TO MS. PATTY NEVITT sons Jimmy and Brandon many blessings and side and outside the classroom, and I am much success as he begins his future endeav- proud to congratulate her today for this impor- ors and embarks on new adventures. tant recognition. HON. BRETT GUTHRIE f OF KENTUCKY f IN RECOGNITION OF CYNTHIA C. IN THE HOUSE OF REPRESENTATIVES SNIDER VERONICA BELL Wednesday, May 13, 2009 HON. MIKE ROGERS HON. ED PERLMUTTER Mr. GUTHRIE. Madam Speaker, I rise today OF ALABAMA OF COLORADO to honor Ms. Patty Nevitt for her service to the IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES students at Bethlehem High School in Wednesday, May 13, 2009 Bardstown, Kentucky. She was recognized Wednesday, May 13, 2009 with the Catholic Education Foundation’s Mr. ROGERS of Alabama. Madam Speaker, Mr. PERLMUTTER. Madam Speaker, I rise Teacher Award. I would like to request the House’s attention today to recognize and applaud Veronica Bell Ms. Nevitt primarily works with special today to pay recognition to a constituent of who has received the Arvada Wheat Ridge mine, Mrs. Cynthia C. Snider. needs students in the Marlona Ice Learning Service Ambassadors for Youth award. Cindy has been named Teacher of the Year Center. She pushes her students to reach Veronica Bell is an 8th grader at Drake Middle at Ohatchee High School in Ohatchee, Ala- their maximum academic potential while pro- School and received this award because her bama for the 2008–09 school year. viding the assistance the students need to be determination and hard work have allowed her Cindy was born in Mississippi to Eugene successful in the classroom. to overcome adversities. and Bobbie Champion and was the oldest of In addition to her full case load of students, The dedication demonstrated by Veronica five children. Her paternal grandmother, Carol Ms. Nevitt also works with teachers to develop Bell is exemplary of the type of achievement Champion, was a teacher in Highland Home, instructional practices to ensure the success that can be attained with hard work and perse- Alabama and always encouraged Cindy to of all students. Her leadership and willingness verance. It is essential that students at all lev- love learning. Cindy grew up in Montgomery, to serve in whatever capacity she is most els strive to make the most of their education Alabama and graduated from Auburn Univer- needed to make her a valuable asset to Beth- and develop a work ethic that will guide them sity with a degree in Accounting. lehem High School. After spending her career working as an for the rest of their lives. English as a Second Language Instructor for I extend my deepest congratulations once Ms. Nevitt’s passion for making a difference Anniston City Schools, she went back to again to Veronica Bell for winning the Arvada in the lives of her students and teachers is an school at Jacksonville State University and Wheat Ridge Service Ambassadors for Youth example for all Kentuckians to follow. I thank earned her teaching certificate. award. I have no doubt she will exhibit the Ms. Nevitt for her commitment to the students She has been the Spanish Teacher at same dedication she has shown in her aca- and teachers in Bardstown. Ohatchee High School since 2005. demic career to her future accomplishments.

VerDate Nov 24 2008 04:24 May 14, 2009 Jkt 079060 PO 00000 Frm 00016 Fmt 0626 Sfmt 0634 E:\CR\FM\A13MY8.037 E13MYPT1 smartinez on PROD1PC64 with REMARKS May 13, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E1147 SENATE COMMITTEE MEETINGS Foreign Relations 10 a.m. To hold hearings to examine challenges Judiciary Title IV of Senate Resolution 4, and opportunities for U.S.-China co- Immigration, Refugees and Border Secu- agreed to by the Senate on February 4, operation on climate change. rity Subcommittee 1977, calls for establishment of a sys- SD–419 To hold hearings to examine securing the tem for a computerized schedule of all 11 a.m. border and America’s points of entry. meetings and hearings of Senate com- Commerce, Science, and Transportation SD–226 mittees, subcommittees, joint commit- To hold hearings to examine the nomina- Joint Economic Committee tees, and committees of conference. tions of J. Randolph Babbitt, of Vir- To hold hearings to examine oil and the This title requires all such committees ginia, to be Administrator of the Fed- economy, focusing on the impact of ris- ing global demand on the United States to notify the Office of the Senate Daily eral Aviation Administration, and John D. Porcari, of Maryland, to be recovery. Digest—designated by the Rules Com- Deputy Secretary, both of the Depart- 210, Cannon Building mittee—of the time, place, and purpose ment of Transportation, Rebecca M. 2 p.m. of the meetings, when scheduled, and Blank, of Maryland, to be Under Sec- Foreign Relations any cancellations or changes in the retary for Economic Affairs, and Law- To hold hearings to examine foreign pol- meetings as they occur. rence E. Strickling, of Illinois, to be icy priorities in the President’s fiscal As an additional procedure along Assistant Secretary for Communica- year 2010 international affairs budget. with the computerization of this infor- tions and Information, both of the De- SH–216 Armed Services mation, the Office of the Senate Daily partment of Commerce, and Aneesh Chopra, to be Chief Technology Officer, Strategic Forces Subcommittee Digest will prepare this information for To hold hearings to examine the Defense printing in the Extensions of Remarks Office of Science and Technology Pol- icy at the Executive Office of the Presi- Authorization request for fiscal year section of the CONGRESSIONAL RECORD dent. 2010 and Future Years Defense Program on Monday and Wednesday of each SR–253 for military space programs; to be pos- week. 2:15 p.m. sibly followed by a closed session in Meetings scheduled for Thursday, Foreign Relations SVC–217. May 14, 2009 may be found in the Daily Business meeting to consider pending SR–232A Aging Digest of today’s RECORD. calendar business. S–116, Capitol To hold hearings to examine pension Foreign Relations plans. MEETINGS SCHEDULED To hold hearings to examine pathways to SR–432 2:30 p.m. MAY 15 a green global economic recovery. Judiciary 9:30 p.m. SD–419 2:30 p.m. Crime and Drugs Subcommittee Homeland Security and Governmental Af- To hold hearings to examine criminal Judiciary fairs prosecution as a deterrent to health Antitrust, Competition Policy and Con- To hold hearings to examine the nomina- care fraud. sumer Rights Subcommittee tion of Robert M. Groves, of Michigan, SD–226 to be Director of the Census, Depart- To hold hearings to examine the Dis- Health, Education, Labor, and Pensions ment of Commerce. count Pricing Consumer Protection Business meeting to consider S. 717, to SD–342 Act, focusing on a ban on vertical price modernize cancer research, increase ac- fixing. cess to preventative cancer services, MAY 19 SD–226 provide cancer treatment and survivor- Appropriations 9:30 a.m. ship initiatives, and any pending nomi- Military Construction and Veterans Af- Armed Services nations. To hold hearings to examine the Depart- fairs, and Related Agencies Sub- SD–430 ment of the Army proposed defense au- committee Armed Services thorization request for fiscal year 2010 To hold hearings to examine the Presi- Personnel Subcommittee and the Future Years Defense Pro- dent’s proposed budget request for fis- To hold hearings to examine the Defense gram. cal year 2010 for the Department of De- SH–216 Authorization request for fiscal year fense and the Department of the Navy 2010 and Future Years Defense Program 10 a.m. military construction programs. Finance for active component, reserve compo- SD–138 nent, and civilian personnel programs. Energy, Natural Resources, and Infrastruc- Homeland Security and Governmental Af- ture Subcommittee SR–222 fairs To hold hearings to examine oil and gas Oversight of Government Management, the tax provisions, focusing on the Presi- MAY 21 Federal Workforce, and the District of dent’s Fiscal Year 2010 budget proposal. 2:30 a.m. Columbia Subcommittee SD–215 Intelligence To hold hearings to examine public Environment and Public Works To hold hearings to examine the nomina- health challenges in our nation’s cap- To hold hearings to examine business op- tions of Stephen Woolman Preston, of ital. portunities and climate policy. the District of Columbia, to be General SD–342 SD–406 Counsel of the Central Intelligence Intelligence Health, Education, Labor, and Pensions Agency, and Robert S. Litt, of Mary- To hold closed hearings to examine cer- Business meeting to consider S. 982, to land, to be General Counsel of the Of- tain intelligence matters. protect the public health by providing fice of the Director of National Intel- the Food and Drug Administration S–407, Capitol ligence. with certain authority to regulate to- SH–216 bacco products, and any pending nomi- MAY 20 9:30 a.m. nations. 9:30 a.m. Foreign Relations SD–430 Banking, Housing, and Urban Affairs Judiciary To hold hearings to examine a new strat- To hold an oversight hearing to examine Administrative Oversight and the Courts egy for Afghanistan and Pakistan. the Troubled Asset Relief Program Subcommittee SD–419 (TARP). To hold hearings to examine protecting Veterans’ Affairs Americans, focusing on holding foreign SD–538 Business meeting to markup pending leg- manufacturers accountable. Appropriations islation. SD–226 State, Foreign Operations, and Related SR–418 10:15 a.m. Programs Subcommittee 2:30 p.m. Appropriations To hold hearings to examine the Presi- Commerce, Science, and Transportation Energy and Water Development Sub- dent’s proposed budget request for fis- Science and Space Subcommittee committee cal year 2010 for the Department of To hold hearings to examine the Presi- To hold hearings to examine funding and State. dent’s proposed budget request for fis- oversight of the Department of Energy. SD–192 cal year 2010 for NASA. SD–138 SR–253

VerDate Nov 24 2008 04:24 May 14, 2009 Jkt 079060 PO 00000 Frm 00017 Fmt 0626 Sfmt 0634 E:\CR\FM\M13MY8.000 E13MYPT1 smartinez on PROD1PC64 with REMARKS Wednesday, May 13, 2009 Daily Digest Senate conduct a study on the relationship between fluency Chamber Action in the English language and financial literacy. Routine Proceedings, pages S5397–S5457 Pages S5416–21 Measures Introduced: Nine bills and one resolu- Gillibrand Amendment No. 1084 (to Amendment tion were introduced, as follows: S. 1027–1035, and No. 1058), to amend the Fair Credit Reporting Act to require reporting agencies to provide free credit S. Res. 148. Page S5435 reports in the native language of certain non-English Measures Reported: speaking consumers. Page S5409 S. 384, to authorize appropriations for fiscal years Rejected: 2010 through 2014 to provide assistance to foreign By 28 yeas to 65 yeas (Vote No. 190), Vitter countries to promote food security, to stimulate rural Amendment No. 1066 (to Amendment No. 1058), economies, and to improve emergency response to to specify acceptable forms of identification for the food crises, to amend the Foreign Assistance Act of opening of credit card accounts. Pages S5409, S5421–23 1961, with amendments. (S. Rept. No. 111–19) Pending: S. Con. Res. 19, expressing the sense of Congress Dodd/Shelby Amendment No. 1058, in the nature that the Shi’ite Personal Status Law in Afghanistan of a substitute. Page S5409 violates the fundamental human rights of women Landrieu Amendment No. 1079 (to Amendment and should be repealed, with an amendment in the No. 1058), to end abuse, promote disclosure, and nature of a substitute and with an amended pre- provide protections to small businesses that rely on credit cards. Pages S5425–26 amble. Page S5435 Collins/Lieberman Amendment No. 1107 (to Measures Passed: Amendment No. 1058), to address criminal and Authorizing the Use of Emancipation Hall: Sen- fraudulent monetary transfers using stored value ate agreed to H. Con. Res. 80, authorizing the use cards and other electronic devices. Pages S5426–29 of Emancipation Hall in the Capitol Visitor Center During consideration of this measure today, Senate for an event to celebrate the birthday of King Kame- also took the following action: hameha. Pages S5455–56 By 33 yeas to 60 nays (Vote No. 191), three-fifths of those Senators duly chosen and sworn not having Cerebral Cavernous Malformations Research, voted in the affirmative, Senate rejected a motion to Awareness, and Education: Senate agreed to S. Res. waive section 302 (f) of the Congressional Budget 148, expressing the sense of the Senate that there is Act of 1974 with respect to consideration of Sanders a critical need to increase research, awareness, and Modified Amendment No. 1062 (to Amendment education about cerebral cavernous malformations. No. 1058), to establish a national consumer credit Pages S5456–57 usury rate. Subsequently, a point of order that the Measures Considered: amendment was not germane to the provisions of the Budget Resolution was sustained, and the amend- Credit Cardholders’ Bill of Rights Act: Senate ment thus fell. Pages S5409, S5423 continued consideration of H.R. 627, to amend the By 59 yeas to 35 nays (Vote No. 192), three-fifths Truth in Lending Act to establish fair and trans- of those Senators duly chosen and sworn not having parent practices relating to the extension of credit voted in the affirmative, Senate rejected a motion to under an open end consumer credit plan, taking ac- waive section 305 of the Congressional Budget Act tion on the following amendments proposed thereto: of 1974 with respect to consideration of McConnell Pages S5409–29 (for Gregg) Amendment No. 1085 (to Amendment Adopted: No. 1058), to enhance public knowledge regarding Isakson Amendment No. 1104 (to Amendment the national debt by requiring the publication of the No. 1084), to require the Comptroller General to facts about the national debt on IRS instructions, D544

VerDate Nov 24 2008 04:16 May 14, 2009 Jkt 079060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D13MY9.REC D13MYPT1 smartinez on PROD1PC64 with DIGEST May 13, 2009 CONGRESSIONAL RECORD — DAILY DIGEST D545 Federal websites, and in new legislation. Subse- Adjournment: Senate convened at 9:30 a.m. and quently, a point of order that the amendment was adjourned at 6:19 p.m., until 9:30 a.m. on Thurs- not germane to the provisions of the Budget Resolu- day, May 14, 2009. (For Senate’s program, see the tion was sustained, and the amendment thus fell. remarks of the Acting Majority Leader in today’s Pages S5409, S5423–25 Record on page S5457.) A motion was entered to close further debate on Dodd/Shelby Amendment No. 1058 and, in accord- Committee Meetings ance with the provisions of rule XXII of the Stand- ing Rules of the Senate, a vote on cloture will occur (Committees not listed did not meet) on Friday, May 15, 2009. Page S5426 DEPARTMENT OF LABOR BUDGET A motion was entered to close further debate on the bill and, in accordance with the provisions of Committee on Appropriations: Subcommittee on Labor, rule XXII of the Standing Rules of the Senate, a Health and Human Services, Education, and Related vote on cloture will occur on Friday, May 15, 2009. Agencies concluded a hearing to examine the Presi- Page S5426 dent’s proposed budget request for fiscal year 2010 A unanimous-consent agreement was reached pro- for the Department of Labor, after receiving testi- viding for further consideration of the bill at ap- mony from Hilda L. Solis, Secretary of Labor. proximately 10:30 a.m., on Thursday, May 14, ENVIRONMENTAL PROTECTION AGENCY 2009, and that all first-degree amendments be filed BUDGET at the desk by 1 p.m., on Thursday, May 14, 2009. Committee on Appropriations: Subcommittee on Inte- Page S5457 rior, Environment, and Related Agencies concluded Hayes Nomination: Senate resumed consideration of a hearing to examine the President’s proposed budg- the nomination of David J. Hayes, of Virginia, to be et request for fiscal year 2010 for the Environmental Deputy Secretary of the Interior. Pages S5399–S5409 Protection Agency, after receiving testimony from During consideration of this measure today, Senate Lisa P. Jackson, Administrator, Environmental Pro- also took the following action: tection Agency. By 57 yeas to 39 nays (Vote No. 189), three-fifths DEPARTMENT OF HOMELAND SECURITY of those Senators duly chosen and sworn, not having BUDGET voted in the affirmative, Senate rejected the motion to close further debate on the nomination. Committee on Appropriations: Subcommittee on Home- Page S5407 land Security concluded a hearing to examine the Subsequently, Senator Reid entered a motion to President’s proposed budget request for fiscal year reconsider the vote by which cloture was not in- 2010 for the Department of Homeland Security, voked on the nomination of David J. Hayes, of Vir- after receiving testimony from Janet Napolitano, Sec- ginia, to be Deputy Secretary of the Interior. retary of Homeland Security. Page S5407 MANUFACTURING AND THE CREDIT CRISIS Messages from the House: Pages S5432–33 Committee on Banking, Housing, and Urban Affairs: Measures Referred: Page S5433 Subcommittee on Economic Policy concluded a hear- Executive Communications: Pages S5433–35 ing to examine manufacturing and the credit crisis, Executive Reports of Committees: Page S5435 after receiving testimony from Holly Hart, Steel- workers Union, and David Marchick, The Carlyle Additional Cosponsors: Pages S5435–37 Group, both of Washington, D.C.; Eugene R. Statements on Introduced Bills/Resolutions: Haffely, Jr., Assembly and Test Worldwide, Inc., Pages S5437–43 Dayton, Ohio, on behalf of the Association for Man- Additional Statements: Pages S5431–32 ufacturing Technology; Lieutenant General Lawrence P. Farrell, Jr., USAF (Ret.), National Defense Indus- Amendments Submitted: Pages S5443–48 trial Association, Alexandria, Virginia; and William Notices of Hearings/Meetings: Page S5448 E. Gaskin, Precision Metalforming Association, Inde- Authorities for Committees to Meet: pendence, Ohio, on behalf of the National Tooling Pages S5448–49 and Machining Association. Privileges of the Floor: Page S5449 NOMINATIONS Record Votes: Four record votes were taken today. Committee on Banking, Housing, and Urban Affairs: (Total—192) Pages S5407, S5423, S5424 Committee concluded a hearing to examine the

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nominations of Peter M. Rogoff, of Virginia, to be ty Specialists, and William McGlashen, Association Federal Transit Administrator, Department of Trans- of Flight Attendants-CWA, AFL–CIO, all of Wash- portation, who was introduced by Senator Murray, ington, D.C.; and Robert Roach, Jr., International Francisco J. Sanchez, of Florida, to be Under Sec- Association of Machinists and Aerospace Workers, retary of Commerce for International Trade, who was Upper Marlboro, Maryland. introduced by Senators Nelson (FL) and Martinez, BUSINESS MEETING Raphael William Bostic, of California, to be Assist- ant Secretary for Policy Development and Research, Committee on Energy and Natural Resources: Committee who was introduced by Representative Schiff, Sandra ordered favorably reported the nominations of Daniel Brooks Henriquez, of Massachusetts, to be Assistant B. Poneman, of Virginia, to be Deputy Secretary, Secretary for Public and Indian Housing, who was David B. Sandalow, of the District of Columbia, to introduced by Representative Frank, and Mercedes be Assistant Secretary for International Affairs and Marquez, of California, to be Assistant Secretary for Domestic Policy, both of the Department of Energy, Community Planning and Development, all of the and Rhea S. Suh, of California, to be Assistant Sec- Department of Housing and Urban Development, retary for Policy, Management and Budget, and Mi- and Michael S. Barr, of Michigan, to be Assistant chael L. Connor, of Maryland, to be Commissioner Secretary of the Treasury for Financial Institutions, of Reclamation, both of the Department of the Inte- after the nominees testified and answered questions rior. in their own behalf. NOMINATIONS TOURISM IN TROUBLED TIMES Committee on Foreign Relations: Committee concluded Committee on Commerce, Science, and Transportation: Sub- a hearing to examine the nominations of Philip J. committee on Competitiveness, Innovation, and Ex- Crowley, of Virginia, to be Assistant Secretary for port Promotion concluded a hearing to examine Public Affairs, who was introduced by Representa- tourism in troubled times, focusing on the state of tive Moran, and Judith A. McHale, of Maryland, to the U.S. travel and tourism industry, after receiving be Under Secretary for Public Diplomacy, who was testimony from Senator Reid; Mary Saunders, Acting introduced by Representative Van Hollen, both of Assistant Secretary for Manufacturing and Services, the Department of State, after the nominees testified International Trade Administration, Department of and answered questions in their own behalf. Commerce; Chad Prosser, South Carolina Depart- NOMINATIONS ment of Parks, Recreation, and Tourism, Columbia; Jay Rasulo, Walk Disney Parks and Resorts, Bur- Committee on Foreign Relations: Committee concluded bank, California; Jay S. Witzel, Carlson Hotels a hearing to examine the nominations of Daniel Ben- Worldwide, Minnetonka, Minnesota; Sam Gilliland, jamin, of the District of Columbia, to be Coordi- Sabre Holdings Corporation, South Lake, Texas; nator for Counterterrorism, with the rank and status Rossi Ralenkotter, Las Vegas Convention and Visi- of Ambassador at Large, and Bonnie D. Jenkins, of tors Authority, Las Vegas, Nevada; and Judy New York, for the rank of Ambassador during her Zehnder, Bavarian Inn Lodge, Frankenmuth, Michi- tenure of service as Coordinator for Threat Reduction gan. Programs, after the nominees testified and answered questions in their own behalf. FEDERAL AVIATION ADMINISTRATION REAUTHORIZATION VIOLENCE AGAINST WOMEN IN CONFLICT Committee on Commerce, Science, and Transportation: Sub- ZONES committee on Aviation Operations, Safety, and Secu- Committee on Foreign Relations: Subcommittee on Afri- rity concluded a hearing to examine reauthorization can Affairs concluded a joint hearing with Sub- of the Federal Aviation Administration (FAA), focus- committee on International Operations and Organi- ing on perspectives of aviation stakeholders, after re- zations, Human Rights, Democracy and Global ceiving testimony from Charles M. Barclay, Amer- Women’s Issues to examine confronting rape and ican Association of Airport Executives, Alexandria, other forms of violence against women in conflict Virginia; Marion C. Blakey, Aerospace Industries As- zones, after receiving testimony from Melanne sociation, Arlington, Virginia; James C. May, Air Verveer, Ambassador-at-Large for Global Women’s Transport Association of America, Inc., Ed Bolen, Issues, Esther Brimmer, Assistant Secretary for Inter- National Business Aviation Association, Patrick national Organization Affairs, and Phillip Carter, Forrey, National Air Traffic Controllers Association, Acting Assistant Secretary of the Bureau of African John Prater, Air Line Pilots Association Inter- Affairs, all of the Department of State; Chouchou national, Ken Hall, International Brotherhood of Namegabe, South Kivu Women’s Media Association, Teamsters, Tom Brantley, Professional Aviation Safe- Democratic Republic of Congo; Robert Warwick,

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International Rescue Committee, Baltimore, Mary- ing to examine torture and the Office of Legal Coun- land; Niemat Ahmadi, Save Darfur Coalition, and sel in the Bush Administration, after receiving testi- John Prendergast, The Enough Project, both of mony from Philip Zelikow, University of Virginia, Washington, D.C.; and Eve Ensler, New York, New and Robert F. Turner, University of Virginia Law York. School Center for National Security Law, both of D.C. OPPORTUNITY SCHOLARSHIP Charlottesville; Ali Soufan, Soufan Group, LLC, New PROGRAM York, New York; David Luban, Georgetown Univer- Committee on Homeland Security and Governmental Af- sity Law Center, Hyattsville, Maryland; and Jeffrey fairs: Committee concluded a hearing to examine the F. Addicott, St. Mary’s University School of Law D.C. Opportunity Scholarship Program, focusing on Center for Terrorism Law, San Antonio, Texas. preserving school choice for all, after receiving testi- mony from Anthony A. Williams, former Mayor of MILITARY AND OVERSEAS VOTERS the District of Columbia, on behalf of DC Children Committee on Rules and Administration: Committee First, Bruce B. Stewart, Sidwell Friends School, concluded a hearing to examine problems for mili- Latasha Bennett, Tiffany Dunston, and Ronald tary and overseas voters, focusing on why many sol- Holassie, all of Washington, D.C.; and Patrick J. diers and their families cannot vote, after receiving Wolf, University of Arkansas College of Education testimony from Gail H. McGinn, Acting Undersec- and Health Professions, Fayetteville. retary of Defense for Personnel and Readiness; Don- NOMINATIONS ald Palmer, Director, Division of Elections, Florida Committee on Homeland Security and Governmental Af- Department of State, Tallahassee; Bob Carey, Na- fairs: Committee concluded a hearing to examine the tional Defense Committee, Alexandria, Virginia; Pa- nominations of Florence Y. Pan, of the District of tricia M. Hollarn, Shalimar, Florida; Joseph L. Columbia, who was introduced by Representative DeCaro, Hurlburt Field, Florida; and Eric Eversole, Gonzalez, and Marisa J. Demeo, of the District of Washington, D.C. Columbia, who was introduced by Senator Binga- man, both to be an Associate Judge of the Superior SMALL BUSINESS FINANCING Court of the District of Columbia, and David Committee on Small Business and Entrepreneurship: Com- Heyman, of the District of Columbia, to be Assist- mittee concluded a hearing to examine small busi- ant Secretary of Homeland Security ness financing, focusing on a progress report on Re- BUSINESS MEETING covery Act implementation and alternative sources of Committee on Health, Education, Labor, and Pensions: financing, after receiving testimony from Karen G. Committee ordered favorably reported the nomina- Mills, Administrator, Small Business Administration; tion of Margaret A. Hamburg, of the District of Co- Susan Sobbott, American Express OPEN, Wash- lumbia, to be Commissioner of Food and Drugs, De- ington, D.C.; Marianne Garvin, Community Devel- partment of Health and Human Services. opment Corporation of Long Island, Centereach, New York; Bill Bynum, Enterprise Corporation of TORTURE the Delta and Hope Community Credit Union, Jack- Committee on the Judiciary: Subcommittee on Admin- son, Mississippi; and Stephen H. Watkins, Entrex istrative Oversight and the Courts concluded a hear- Inc., Chicago, Illinois. h House of Representatives H. Res. 434, providing for consideration of the Chamber Action bill (H.R. 2346) making supplemental appropria- Public Bills and Resolutions Introduced: 25 pub- tions for the fiscal year ending September 30, 2009 lic bills, H.R. 2378–2402; and 6 resolutions, H. (H. Rept. 111–107). Page H5580 Con. Res. 125–126; and H.Res. 432–433, 435–436 Speaker: Read a letter from the Speaker wherein she were introduced. Pages H5580–81 appointed Representative Salazar to act as Speaker Additional Cosponsors: Pages H5581–82 Pro Tempore for today. Page H5489 Report Filed: A report was filed today as follows:

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Chaplain: The prayer was offered by the Guest Increases the set-aside for tribal and outlying schools Chaplain, Reverend Charles E. Smith, Berea Baptist from 1% to 2%; Pages H5509–10 Church, Forest Hill, Texas. Page H5489 McKeon amendment (No. 2 printed in H. Rept. Suspensions—Proceedings Resumed: The House 111–106) that requires states to be in compliance agreed to suspend the rules and pass the following with the public school choice, supplemental edu- measures which were debated on Tuesday, May 12th: cation services, private school participation, and military recruiters provisions of the Elementary and Supporting the goals and objectives of a Na- Secondary Education Act to be eligible to receive tional Military Appreciation Month: H. Con. Res. funding under the bill; Pages H5510–11 84, to support the goals and objectives of a National McKeon amendment (No. 6 printed in H. Rept. Military Appreciation Month, by a 2⁄3 yea-and-nay vote of 421 yeas with none voting ‘‘nay’’, Roll No. 111–106) that prohibits funds appropriated under the bill to be used for congressional earmarks as de- 247; Pages H5498–99 fined by clause 9(d) of rule XXI of the Rules of the Herbert A Littleton Postal Station Designation House of Representatives; Pages H5513–14 Act: H.R. 2162, to designate the facility of the Reichert amendment (No. 8 printed in H. Rept. United States Postal Service located at 123 11th Av- 111–106) that allows funds to be used to install or enue South in Nampa, Idaho, as the ‘‘Herbert A upgrade technology to ensure schools are able to re- Littleton Postal Station’’, by a 2⁄3 recorded vote of spond to emergencies such as acts of terrorism, cam- 420 ayes with none voting ‘‘no’’, Roll No. 248; and pus violence, and natural disasters; Page H5515 Pages H5499–H5500 Maffei amendment (No. 9 printed in H. Rept. Congratulating the American Dental Associa- 111–106) that requires the Education Secretary, in tion for its 150th year: H. Res. 204, to congratulate consultation with the Labor Secretary, to work with the American Dental Association for its 150th year funding recipients to promote opportunities for indi- of working to improve the public’s oral health and viduals enrolled in Job Corps to gain employment promoting dentistry, supporting initiatives to im- experience on modernization, repair, and construc- prove access to oral health care services for all Amer- tion projects funded under the Act. Requires the icans, and emphasizing the benefits of prevention of Secretary of Education, in consultation with the Sec- disease through support of community prevention retary of Labor, to work with recipients of funds to initiatives and promotion of good oral hygiene, by a promote appropriate opportunities for individuals en- 2⁄3 recorded vote of 424 ayes with none voting ‘‘no’’, rolled in a junior or community college; Roll No. 253. Page H5549 Pages H5515–16 21st Century Green High-Performing Public Heinrich amendment (No. 12 printed in H. Rept. School Facilities Act: The House began consider- 111–106) that allows funds to be used to install and ation of H.R. 2187, to direct the Secretary of Edu- upgrade recreational structures and physical edu- cation to make grants to State educational agencies cation facilities; Pages H5518–19 for the modernization, renovation, or repair of public Schwartz amendment (No. 13 printed in H. Rept. school facilities. Further proceedings were postponed. 111–106) that permits funds to be used for con- Pages H5492–98, H5500 structing greenhouses, gardens (including trees), and Pursuant to the rule, the amendment in the na- other facilities for environmental, scientific, or other ture of a substitute recommended by the Committee educational purposes, or to produce energy savings; on Education and Labor now printed in the bill shall Pages H5519–20 be considered as an original bill for the purpose of Schrader amendment (No. 14 printed in H. Rept. amendment under the 5-minute rule. Page H5507 111–106) that requires the GAO to conduct a study Agreed to: within one year of enactment on the extent and George Miller (CA) amendment (No. 1 printed in types of projects in keeping with the uses of funds H. Rept. 111–106) that replaces the bill’s provision authorized, the geographic distribution of green, regarding charter schools (section 308) with a new high-performing schools (including by urban, subur- provision that makes technical corrections and clari- ban, and rural areas), and the relative access to such fies the disposition of excess funds. Expands the al- schools of the demographic groups described in sec- lowable uses of funds to include repairing, replacing, tion 1111(b)(2)(C)(v) of the Elementary and Sec- and installing water supply and building envelopes. ondary Education Act of 1965. These groups in- Adds a new section to Title I of the bill giving pri- clude: economically disadvantaged students, students ority consideration to schools that would use funding from major racial and ethnic groups, students with to remove asbestos, polychlorinated biphenyls, mold, disabilities, and students with limited English pro- mildew, lead-based hazards, or a proven carcinogen. ficiency; Pages H5520–21

VerDate Nov 24 2008 04:16 May 14, 2009 Jkt 079060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D13MY9.REC D13MYPT1 smartinez on PROD1PC64 with DIGEST May 13, 2009 CONGRESSIONAL RECORD — DAILY DIGEST D549 Titus amendment (No. 3 printed in H. Rept. Griffith amendment (No. 11 printed in H. Rept. 111–106) that adds a new section 314 requiring the 111–106) that seeks to include reducing the inci- Secretary of Education to establish an Advisory dence and effects of asthma and other respiratory ill- Council to the Secretary on green, high-performing nesses in children among the voluntary guidelines schools. The Council will advise the Secretary on the for high performing school buildings. It also will impact of green, high-performing schools on teach- add reducing the incidence and effects of asthma and ing and learning, health energy costs and environ- other respiratory illnesses to the list of demonstrable mental impact; work with the Secretary to rec- and expected benefits. The amendment includes the ommend Federal policies to increase the number of reduction and elimination of human exposure to air- green, high-performing schools; provide technical as- borne particles such as dust, sand, and pollens sistance to states; and identify Federal policies that among the approved uses for grant funds used by are barriers to helping states make schools green and local educational agencies. Pages H5517–18 high-performing. The Council will consult with the H. Res. 427, the rule providing for consideration Chair of the Council on Environmental Quality, the of the bill, was agreed to by a yea-and-nay vote of Commerce Secretary, Energy Secretary, Health and 248 yeas to 175 nays, Roll No. 246, after agreeing Human Services Secretary, Labor Secretary, EPA Ad- to order the previous question without objection. ministrator, and the GSA Administrator (by a re- Pages H5492–98 corded vote of 270 ayes to 160 noes, Roll No. 249); Suspension: The House agreed to suspend the rules Pages H5511–12, H5521 and agree to the following measure: Roe (TN) amendment (No. 4 printed in H. Rept. Providing for passage of the bill (H.R. 2101) to 111–106) that adds a new section 314 requiring the promote reform and independence in the oversight Education Secretary to enter into an agreement with of weapons system acquisition by the Department the Department’s Institute of Educational Sciences to of Defense: H. Res. 432, to provide for passage of evaluate the impact of projects funded under the bill the bill (H.R. 2101) to promote reform and inde- on student academic achievement, including a com- pendence in the oversight of weapons system acquisi- parison of students attending public schools receiv- tion by the Department of Defense, by a 2⁄3 yea-and- ing funding under the bill with students attending nay vote of 428 yeas with none voting ‘‘nay’’, Roll public schools that are not receiving such funding No. 252. Pages H5524–30, H5538–39 (by a recorded vote of 432 ayes to 2 noes, Roll No. The Chair announced that pursuant to H. Res. 250); and Pages H5512–13, H5521–22 432, H.R. 2101, as amended by the amendment in Ellsworth amendment (No. 5 printed in H. Rept. the nature of a substitute printed in the bill, is con- 111–106) that amends section 309 (green schools) to sidered as passed; S. 454, as amended by the text of provide that nothing in the bill shall be construed H.R. 2101 as passed by the House, is considered as to prohibit a local educational agency from using passed; and the House is considered to have insisted sustainable, domestic hardwood lumber for public on its amendment and requested a conference with school modernization, renovation, repairs, or con- the Senate thereon. H.R. 2101 was laid upon the struction. Amends section 310 (reporting) to require table without objection. Page H5539 agencies receiving grant funds under the bill to dis- The Chair appointed the following conferees: Rep- close whether any flooring installed was from renew- resentatives Skelton, Spratt, Ortiz, Taylor, Aber- able sources (by a recorded vote of 425 ayes to 7 crombie, Reyes, Snyder, Smith (WA), Loretta noes, Roll No. 251). Pages H5513, H5523–24 Sanchez (CA), McIntyre, Tauscher, Brady (PA), An- Proceedings Postponed: drews, Davis (CA), Langevin, Cooper, Ellsworth, Giffords amendment (No. 7 printed in H. Rept. Sestak, McHugh, Bartlett, McKeon, Thornberry, 111–106) that seeks to specify that local educational Jones, Akin, Forbes, Miller (FL), Wilson (SC), Conaway, Hunter, and Coffman (CO). Pages H5549–50 agencies receiving funds under the act may encour- Agreed to authorize conferees to close meetings of age schools receiving funds for projects to educate the conference when sensitive national security infor- students about those projects, including how they mation may be broached by a yea-and-nay vote of function, and their environmental, energy, sustain- 409 yeas to 11 nays, Roll No. 254. Page H5550 ability, and other benefits; Pages H5514–15 Bright amendment (No. 10 printed in H. Rept. Suspensions—Proceedings Postponed: The House 111–106) that seeks to require the Secretary to re- debated the following measures under suspension of serve 5 percent of section 102 grant funds for grants the rules. Further proceedings were postponed: to local educational agencies serving geographic areas Recognizing Armed Forces Day and the exem- with significant economic distress or recovering from plary service of the members of the United States a natural disaster; and Pages H5516–17 Armed Forces: H. Res. 377, to recognize Armed

VerDate Nov 24 2008 04:16 May 14, 2009 Jkt 079060 PO 00000 Frm 00006 Fmt 0627 Sfmt 0627 E:\CR\FM\D13MY9.REC D13MYPT1 smartinez on PROD1PC64 with DIGEST D550 CONGRESSIONAL RECORD — DAILY DIGEST May 13, 2009 Forces Day and the exemplary service of the mem- Secretary of Agriculture. Testimony was heard from bers of the United States Armed Forces; Tom Vilsack, Secretary of Agriculture. Pages H5530–31 INTERIOR, ENVIRONMENT, AND RELATED Medal of Honor Commemorative Coin Act of AGENCIES APPROPRIATIONS 2009: H.R. 1209, to require the Secretary of the Committee on Appropriations: Subcommittee on Inte- Treasury to mint coins in recognition and celebra- rior, Environment and Related Agencies held a hear- tion of the establishment of the Medal of Honor in ing on the Secretary of the Interior. Testimony was 1861, America’s highest award for valor in action heard from Ken Salazar, Secretary of the Interior. against an enemy force which can be bestowed upon an individual serving in the Armed Services of the MILITARY CONSTRUCTION, VETERANS United States, to honor the American military men AFFAIRS AND RELATED AGENCIES and women who have been recipients of the Medal APPROPRIATIONS of Honor, and to promote awareness of what the Committee on Appropriations: Subcommittee on Mili- Medal of Honor represents and how ordinary Ameri- tary Construction, Veterans Affairs, and Related cans, through courage, sacrifice, selfless service and Agencies held a hearing on Secretary of Veterans Af- patriotism, can challenge fate and change the course fairs. Testimony was heard from Eric Shinseki, Sec- of history; and Pages H5531–34 retary of Veterans Affairs. Granting the congressional gold medal, collec- tively, to the 100th Infantry Battalion and the STATE, FOREIGN OPERATIONS, AND 442nd Regimental Combat Team, United States RELATED PROGRAMS APPROPRIATIONS Army, in recognition of their dedicated service dur- Committee on Appropriations: Subcommittee on State, ing World War II: H.R. 347, to grant the congres- Foreign Operations, and Related Programs held a sional gold medal, collectively, to the 100th Infantry hearing on the State Department. Testimony was Battalion and the 442nd Regimental Combat Team, heard from Jack Lew, Deputy Secretary, Management United States Army, in recognition of their dedi- and Resources, Department of State. cated service during World War II. Pages H5534–38 DEFENSE BUDGET Board of Trustees of the Institute of American Committee on Armed Services: Held a hearing on the Indian and Alaska Native Culture and Arts De- Fiscal Year 2010 National Defense Authorization velopment—Appointment: The Chair announced Budget Request from the Department of Defense. the Speaker’s appointment of the following Member Testimony was heard from the following officials of of the House of Representatives to the Board of the Department of Defense: Robert M. Gates, Sec- Trustees of the Institute of American Indian and retary; and ADM Michael G. Mullen, USN, Chair- Alaska Native Culture and Arts Development: Rep- man, Joint Chiefs of Staff. resentative Luja´n. Page H5550 ENERGY DEPARTMENT NATIONAL Senate Message: Message received from the Senate SECURITY BUDGET today appears on pages H5489, H5577. Committee on Armed Services: Subcommittee on Stra- Quorum Calls—Votes: Four yea-and-nay votes and tegic Forces held a hearing on the Fiscal Year 2010 five recorded votes developed during the proceedings National Defense Authorization Budget Request for of today and appear on pages H5498, H5499, the Department of Energy national security pro- H5499–H5500, H5521, H5522, H5523, grams. Testimony was heard from the following offi- H5538–39, H5549, H5550. There were no quorum cials of the Department of Energy: Thomas P. calls. D’Agostino, Administrator, National Nuclear Secu- Adjournment: The House met at 10 a.m. and ad- rity Administration; Ines R. Triay, Assistant Sec- journed at 9:42 p.m. retary, Environmental Management (Acting); and Glenn S. Podonsky, Chief, Health, Safety, and Secu- Committee Meetings rity Officer. PREVENTING FORECLOSURES AGRICULTURE, RURAL DEVELOPMENT, Committee on Financial Services: Subcommittee on FDA, AND RELATED AGENCIES Housing and Community Opportunity held a hear- APPROPRIATIONS ing entitled ‘‘The Role of NeighborWorks and Committee on Appropriations: Subcommittee on Agri- Housing Counseling Intermediaries in Prevention of culture, Rural Development, Food and Drug Admin- Foreclosures.’’ Testimony was heard from public wit- istration, and Related Agencies held a hearing on the nesses.

VerDate Nov 24 2008 04:16 May 14, 2009 Jkt 079060 PO 00000 Frm 00007 Fmt 0627 Sfmt 0627 E:\CR\FM\D13MY9.REC D13MYPT1 smartinez on PROD1PC64 with DIGEST May 13, 2009 CONGRESSIONAL RECORD — DAILY DIGEST D551 LOW INCOME COUNTRIES/GLOBAL 2062, Migratory Bird Treaty Act Penalty and En- ECONOMY forcement Act of 2009; and H.R. 2188, Joint Ven- Committee on Financial Services: Subcommittee on tures for Bird Habitat Conservation Act of 2009. International Monetary Policy and Trade held a hear- Testimony was heard from Representative Dingell; ing entitled ‘‘Implications of the G–20 Leaders Sum- Paul Schmidt, Assistant Director, Migratory Birds, mit for Low Income Countries and the Global Econ- U.S. Fish and Wildlife Service, Department of the omy.’’ Testimony was heard from public witnesses. Interior; Kristin Saunders Evans, Assistant Secretary, Land Resources, Department of Natural Resources, INTERNATIONAL AFFAIRS BUDGET State of Maryland; and public witnesses. Committee on Foreign Affairs: Held a hearing on Building Capacity to Protect U.S. National Security: AIG COLLAPSE AND RESCUE The Fiscal Year 2010 International Affairs Budget. Testimony was heard from Jacob J. Lew, Deputy Committee on Oversight and Government Reform: Held a Secretary, Management and Resources, Department hearing on AIG: Where is the Taxpayer’s Money of State. Going? Testimony was heard from public witnesses. HOMELAND SECURITY BUDGET SUPPLEMENTAL APPROPRIATIONS Committee on Homeland Security: Held a hearing enti- Committee on Rules: Granted, by a non-record vote, a tled ‘‘The President’s FY 2010 Budget Request for rule providing for consideration of H.R. 2346, the the Department of Homeland Security.’’ Testimony Supplemental Appropriations Act, 2009. The rule was heard from Janet Napolitano, Secretary of provides for one hour of debate equally divided and Homeland Security. controlled by the chair and ranking minority mem- MISCELLANEOUS MEASURES ber of the Committee on Appropriations. Committee on the Judiciary: Ordered reported the fol- The rule waives all points of order against consid- lowing bills: H.R. 848, amended, Performance eration of the bill except those arising under clause Rights Act; and H.R. 2344, Webster Settlement Act 9 or 10 of rule XXI. The rule provides that the of 2009. amendment printed in the Rules Committee report The Committee began consideration of the fol- shall be considered as adopted. The rule provides lowing bills: H.R. 1741, Witness Security and Pro- that the bill, as amended, shall be considered as tection Grant Program Act of 2009; and H.R. 2247, read. The rule waives all points of order against pro- Congressional Review Act Improvement Act. visions in the bill, as amended. Finally, the rule pro- The Committee also approved pending Committee vides one motion to recommit the bill with or with- business, including a resolution expanding the re- out instructions. Testimony was heard from Chair- sponsibilities of the impeachment task force to con- man Obey and Representatives Kaptur, Doggett, duct an inquiry into whether U.S. District Judge Hinojosa, Cuellar, Lewis of California and Wolf. Samuel B. Kent should be impeached. STRENGTHENING FORENSIC SCIENCE NATIONAL CLIMATE SERVICE ACT Committee on the Judiciary: Subcommittee on Crime, Committee on Science and Technology: Subcommittee on Terrorism, and Homeland Security held a hearing on Energy and Environment approved for full Com- the National Research Council’s publication mittee action, as amended, the National Climate ‘‘Strengthening Forensic Science in the United Service Act of 2009. States: A Path Forward.’’ Testimony was heard from Kenneth Melson, Acting Director, Bureau of Alco- JOB CREATION THROUGH hol, Tobacco, Firearms and Explosives and former ENTREPRENEURSHIP ACT OF 2009; AUTO Director, Executive Office for the U.S. Attorneys, INDUSTRY SMALL SUPPLIERS Department of Justice; Pete Marone, Director, De- MANUFACTURERS partment of Forensic Science, State of Virginia; and public witnesses. Committee on Small Business: Ordered reported, as amended, H.R. 2352, Job Creation Through Entre- MIGRATORY BIRD CONSERVATION preneurship Act of 2009. MEASURES The Committee also held a hearing entitled ‘‘The Committee on Natural Resources: Subcommittee on In- Role of Small Business Suppliers and Manufacturers sular Affairs, Oceans and Wildlife held a hearing on in the Domestic Auto Industry.’’ Testimony was the following bills: H.R. 1916, Migratory Bird heard from public witnesses. Habitat Investment and Enhancement Act; H.R.

VerDate Nov 24 2008 04:16 May 14, 2009 Jkt 079060 PO 00000 Frm 00008 Fmt 0627 Sfmt 0627 E:\CR\FM\D13MY9.REC D13MYPT1 smartinez on PROD1PC64 with DIGEST D552 CONGRESSIONAL RECORD — DAILY DIGEST May 13, 2009 CIVIL RESERVE AIR FLEET’S ECONOMIC COMMITTEE MEETINGS FOR THURSDAY, VISIBILITY MAY 14, 2009 Committee on Transportation and Infrastructure: Sub- (Committee meetings are open unless otherwise indicated) committee on Aviation held a hearing on the Eco- Senate nomic Viability of the Civil Reserve Air Fleet, (CRAF) Program. Testimony was heard from GEN Committee on Appropriations: Subcommittee on Defense, Duncan J. McNabb, USAF, Commander, U.S. Trans- to hold hearings to examine the proposed budget request for fiscal year 2010 for national intelligence program and portation Command, Scott Air Force Base, Depart- military intelligence program, 10:30 a.m., SVC–217. ment of Defense; and public witnesses. Full Committee, business meeting to mark up pro- COAST GUARD/MARITIME BUDGET posed budget request for fiscal year 2009 supplemental for Iraq, Afghanistan, Pakistan, and the pandemic flu, 2 Committee on Transportation and Infrastructure: Sub- p.m., SD–106. committee on Coast Guard and Maritime Transpor- Committee on Armed Services: to hold hearings to examine tation held a hearing on Fiscal Year 2010 Budget proposed defense authorization request for fiscal year Requests of the Coast Guard, Maritime Administra- 2010 for the Future Years Defense Program, 9:30 a.m., tion, and the Federal Maritime Commission. Testi- SD–106. mony was heard from the following officials of the Committee on Energy and Natural Resources: to hold hear- U.S. Coast Guard, Department of Homeland Secu- ings to examine S. 1013, the Department of Energy Car- rity: ADM Thad Allen, USCG, Commandant; and bon Capture and Sequestration Program Amendments Act Master Chief Petty Officer, Charles Bowen, USCG; of 2009; to be followed by a business meeting, 2:30 p.m., SD–366. David J. Rivait, Associate Administrator, Budget Committee on Environment and Public Works: business and Programs, and Chief Financial Officer, Maritime meeting to consider S. 1005, to amend the Federal Water Administration, Department of Transportation; and Pollution Control Act and the Safe Drinking Water Act the following Commissioners of the Federal Mari- to improve water and wastewater infrastructure in the time Commission: Joseph E. Brennan; Harold J. United States, S. 849, to require the Administrator of the Creel, Jr., and Rebecca F. Dye. Environmental Protection Agency to conduct a study on black carbon emissions, H.R. 80, to amend the Lacey Act INNOVATIVE HEALTH TECHNOLOGIES/ Amendments of 1981 to treat nonhuman primates as pro- TREATMENTS HELPING VETERANS hibited wildlife species under that Act, to make correc- Committee on Veterans’ Affairs: Held a hearing on In- tions in the provisions relating to captive wildlife offenses novative Technologies and Treatments Helping Vet- under that Act, H.R. 388, to assist in the conservation erans. Testimony was heard from public witnesses. of cranes by supporting and providing, through projects of persons and organizations with expertise in crane con- BRIEFING—INTELLIGENCE COMMUNITY servation, financial resources for the conservation pro- DIVERSITY REPORT grams of countries the activities of which directly or indi- Permanent Select Committee on Intelligence: Met in execu- rectly affect cranes and the ecosystems of cranes, S. 529, to assist in the conservation of rare fields and rare canids tive session to receive a briefing on Intelligence by supporting and providing financial resources for the Community Diversity Report. The Committee was conservation programs of countries within the range of briefed by Patricia T. Taylor, Director, Equal Em- rare felid and rare canid populations and projects of per- ployment Opportunity and Diversity Office, Office sons with demonstrated expertise in the conservation of of the Director of National Intelligence. rare felid and rare canid populations, H.R. 813, to des- ignate the Federal building and United States courthouse Joint Meetings located at 306 East Main Street in Elizabeth City, North No joint committee meetings were held. Carolina, as the ‘‘J. Herbert W. Small Federal Building and United States Courthouse’’, H.R. 837, to designate f the Federal building located at 799 United Nations Plaza in New York, New York, as the ‘‘Ronald H. Brown NEW PUBLIC LAWS United States Mission to the United Nations Building’’; (For last listing of Public Laws, see DAILY DIGEST, p. D530) and Army Corps of Engineers Study Resolution: Miles H.R. 586, to direct the Librarian of Congress and City and Vicinity, Montana, 10 a.m., SD–406. the Secretary of the Smithsonian Institution to carry Committee on Finance: to hold a closed meeting to exam- ine expanding health care coverage, 10 a.m., SD–215. out a joint project at the Library of Congress and the Committee on Foreign Relations: to hold hearings to exam- National Museum of African American History and ine the nominations of Jeffrey D. Feltman, of Ohio, to Culture to collect video and audio recordings of per- be Assistant Secretary for Near Eastern Affairs, and Rob- sonal histories and testimonials of individuals who ert Orris Blake, Jr., of Maryland, to be Assistant Secretary participated in the Civil Rights movement. Signed for South Asian Affairs, both of the Department of State, on May 12, 2009. (Public Law 111–19) 9:45 a.m., SD–419.

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Full Committee, to hold hearings to examine the Mid- H.R. 865, To convey the New River State Park camp- dle East, focusing on the road to peace, 2 p.m., SD–419. ground located in Mount Rodgers National Recreation Committee on Health, Education, Labor, and Pensions: to Area in the Jefferson National Forest in Carroll County, hold hearings to examine delivery reform, focusing on the Virginia, to the Commonwealth of Virginia, and for other roles of primary and specialty care in innovative new de- purposes; H.R. 1442, To provide for the sale of the Fed- livery models, 10 a.m., SD–430. eral Government’s reversionary interest in approximately Committee on Indian Affairs: business meeting to con- 60 acres of land in Salt Lake City, Utah, originally con- sider the nomination of Larry J. Echo Hawk, of Utah, to veyed to the Mount Olivet Cemetery Association under be Assistant Secretary of the Interior for Indian Affairs, the Act of January 23, 1909; H.R. 1471, To expand the 10:30 a.m., SD–628. boundary of the Jimmy Carter National Historic Site in Select Committee on Intelligence: to hold closed hearings to the State of Georgia, to redesignate the unit as a National examine certain intelligence matters, 3:30 p.m., S–407, Historical Park, and for other purposes; and H.R. 1641, Capitol. Cascadia Marine Trail Study Act, 10 a.m., 1324 Long- House worth. Subcommittee on Water and Power, hearing on H.R. Committee on Agriculture, Subcommittee on Horticulture 2008, Bonneville Unit Clean Hydropower Facilitation and Organic Agriculture, hearing to review food safety Act, 10 a.m., 1334 Longworth. standards for horticulture and organic agriculture, 10 Committee on Oversight and Government Reform,, hearing a.m., 1399 Longworth. entitled ‘‘Protecting the Public from Waste, Fraud, and Committee on Appropriations, Subcommittee on Financial Abuse: H.R. 1507, Whistleblower Protection Enhance- Services, General Government and Related Agencies, on District of Columbia, 9:15 a.m., 2362–A Rayburn. ment Act of 2009,’’ 10 a.m., 2154 Rayburn. Subcommittee on Interior and Environment, and Re- Subcommittee on Federal Workforce, Postal Service lated Agencies, on National Park Service, 9 a.m., B–308 and the District of Columbia, hearing entitled ‘‘Pro- Rayburn. tecting the Protectors: An Assessment of Front-line Fed- Committee on Armed Services, hearing on the Fiscal Year eral Workers in Response to the H1N1 Flu,’’ 2 p.m., 2010 National Defense Authorization Budget Request 2154 Rayburn. from the Department of the Navy, 10 a.m., and a hearing Committee on Science and Technology, hearing on An Over- on the Fiscal Year 2010 National Defense Authorization view of the Federal R&D Budget for Fiscal Year 2010, Budget Request from the Department of the Army, 2:30 2 p.m., 2318 Rayburn. p.m., 2118 Rayburn. Committee on Small Business, hearing entitled ‘‘The Con- Committee on Education and Labor, Subcommittee on sumer Product Safety Improvement Act and Small Busi- Health, Families and Communities, hearing on Improv- ness,’’ 10 a.m., 2360 Rayburn. ing Child Nutrition Programs to Reduce Childhood Obe- Committee on Transportation and Infrastructure, hearing on sity, 10 a.m., 2175 Rayburn. An Independent FEMA: Restoring the Nation’s Capabili- Committee on Financial Services, Subcommittee on Capital ties for Effective Emergency Management and Disaster Markets, Insurance, and Government Sponsored Enter- Response, 11 a.m., 2167 Rayburn. prises, hearing entitled ‘‘How Should the Federal Govern- Subcommittee on Railroads, Pipelines, and Hazardous ment Oversee Insurance?’’ 10 a.m., 2128 Rayburn. Materials, hearing on Reauthorization of the Department Committee on Foreign Affairs, Subcommittee on Europe, of Transportation’s Hazardous Materials Safety Program, hearing on The United States and Turkey: A Model Part- 2 p.m., 2167 Rayburn. nership, 10:30 a.m., 2172 Rayburn. Committee on Veterans’ Affairs, Subcommittee on Dis- Committee on Homeland Security, to mark up H.R. 2200, ability Assistance and Memorial Affairs, hearing on Ex- Transportation Security Administration Authorization amining Appellate Processes and Their Impacts on Vet- Act, 10 a.m., 311 Cannon. erans, 10 a.m., 334 Cannon. Committee on the Judiciary, oversight hearing on the De- Subcommittee on Economic Opportunity, hearing on partment of Justice, 10 a.m., 2141 Rayburn. Federal Contract Compliance, 1:30 p.m., 334 Cannon. Committee on Natural Resources, Subcommittee on Na- Committee on Ways and Means, Subcommittee on Trade. tional Parks, Forests and Public Lands, hearing on the hearing on Investment Protections in U.S. Trade and In- following bills: H.R. 129, To authorize the conveyance of vestment Agreements, 10 a.m., 1100 Longworth. certain National Forest System lands in the Los Padres Permanent Select Committee on Intelligence, executive, brief- National Forest in California; H.R. 762, To validate final ing on Intelligence Support in Afghanistan, 4 p.m., 304 patent number 27–2005–0081, and for other purposes; HVC.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Thursday, May 14 10 a.m., Thursday, May 14

Senate Chamber House Chamber Program for Thursday: After the transaction of any Program for Thursday: Complete consideration of H.R. morning business (not to extend beyond one hour), Senate 2187—21st Century Green High-Performing Public will continue consideration of H.R. 627, Credit Card- School Facilities Act. Consideration of H.R. 2346—Sup- holders’ Bill of Rights Act. plemental Appropriations Act, 2009 (Subject to a Rule).

Extensions of Remarks, as inserted in this issue

HOUSE Guthrie, Brett, Ky., E1145, E1146 Myrick, Sue Wilkins, N.C., E1139 Holt, Rush D., N.J., E1131 Neal, Richard E., Mass., E1139 Berman, Howard L., Calif., E1132 Issa, Darrell E., Calif., E1141 Perlmutter, Ed, Colo., E1141, E1141, E1142, E1142, Bilbray, Brian P., Calif., E1135 Johnson, Timothy V., Ill., E1133 E1143, E1143, E1144, E1145, E1145, E1146 Blackburn, Marsha, Tenn., E1135 Jordan, Jim, Ohio, E1142 Rangel, Charles B., N.Y., E1133, E1134, E1141 Burgess, Michael C., Tex., E1134 Kildee, Dale E., Mich., E1134 Rogers, Mike, Ala., E1139, E1142, E1146 Buyer, Steve, Ind., E1132 King, Peter T., N.Y., E1132 ´ Calvert, Ken, Calif., E1135, E1140 Lewis, John, Ga., E1144 Sanchez, Linda T., Calif., E1143 Carson, Andre´, Ind., E1134, E1141 Lofgren, Zoe, Calif., E1140 Sires, Albio, N.J., E1134 Castle, Michael N., Del., E1131 McCarthy, Carolyn, N.Y., E1135 Smith, Adam, Wash., E1145 Foster, Bill, Ill., E1145 Marchant, Kenny, Tex., E1132 Towns, Edolphus, N.Y., E1131, E1132, E1134 Frank, Barney, Mass., E1138 Matheson, Jim, Utah, E1142 Wexler, Robert, Fla., E1143 Gallegly, Elton, Calif., E1139 Mitchell, Harry E., Ariz., E1133

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